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BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT COMMUNAL GOVERNMENT BLUEFIELDS AUGUST 2012 BLUEFIELDS AUGUST 2012

BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT BLUEFIELDS AUGUST

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Page 1: BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT BLUEFIELDS AUGUST

BLUEFIELDS BLACK- CREOLE INDIGENOUS BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENTGOVERNMENT

BLUEFIELDS CREOLE COMMUNAL GOVERNMENTBLUEFIELDS CREOLE COMMUNAL GOVERNMENT

GENERAL PRESENTATION OF THE GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENTCOMMUNAL GOVERNMENT

BLUEFIELDS AUGUST 2012BLUEFIELDS AUGUST 2012

Page 2: BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT BLUEFIELDS AUGUST

PRESENTATION PRESENTATION • In the past, on the Atlantic Coast of Nicaragua existed different forms of expressions In the past, on the Atlantic Coast of Nicaragua existed different forms of expressions

of self-government, addressed to conduct the development of communities, however of self-government, addressed to conduct the development of communities, however these structures even having a legal and judicial base, were not supported by social, these structures even having a legal and judicial base, were not supported by social, political and economical sectors of the region. Also the constant pressure of the political and economical sectors of the region. Also the constant pressure of the government of Nicaragua and the lack of interest to comply with international and government of Nicaragua and the lack of interest to comply with international and bilateral agreement did not permit the people of the Atlantic Coast to achieve a bilateral agreement did not permit the people of the Atlantic Coast to achieve a healthy life style. healthy life style.

• Since the approval of the 28 Law (Autonomous Law, 1987) and the Law 445 Since the approval of the 28 Law (Autonomous Law, 1987) and the Law 445

(Territorial and Demarcation Law) in 2003 , the organization of the communal (Territorial and Demarcation Law) in 2003 , the organization of the communal government and people became a moral and historical obligation for the indigenous government and people became a moral and historical obligation for the indigenous and ethnical communities to conduct, develop and help direct a better life style for and ethnical communities to conduct, develop and help direct a better life style for the people. the people.

• It is proven that a plan not based on the will of the community will not be a functional It is proven that a plan not based on the will of the community will not be a functional plan. For this, the Communal Assemble in coordination with the Directive Board have plan. For this, the Communal Assemble in coordination with the Directive Board have identified enough elements to construct and strengthen the Communal Government identified enough elements to construct and strengthen the Communal Government of the Black Creole Communities of Bluefields through different workshops organized of the Black Creole Communities of Bluefields through different workshops organized for this purpose. for this purpose.

• For the Black Creole community of Bluefields the responsibility to organize this task For the Black Creole community of Bluefields the responsibility to organize this task was established through the Directive Board, identifying the objectives of the was established through the Directive Board, identifying the objectives of the Communal Government with the participation of all people that knows the history and Communal Government with the participation of all people that knows the history and reality of our community and who wants to participate in this process for the benefit reality of our community and who wants to participate in this process for the benefit of our future generation. of our future generation.

Page 3: BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT BLUEFIELDS AUGUST

LEGAL FUNDAMENTS FOR LAND LEGAL FUNDAMENTS FOR LAND CLAIMCLAIM

• Mosquito Kingdom (1630-1843)Mosquito Kingdom (1630-1843)• English Protectorate (1843-1860) English Protectorate (1843-1860) • Managua Treaty (Incorporation of the Mosquito Coast (1860-Managua Treaty (Incorporation of the Mosquito Coast (1860-

1894) 1894) • Arbitration of the Emperador of Austria (1881)Arbitration of the Emperador of Austria (1881)• Moskitia Convention (1894)Moskitia Convention (1894)• Harrison-Altamirano Treaty (1905)Harrison-Altamirano Treaty (1905)• Executive decree that gives rights to creole to get benefit to Executive decree that gives rights to creole to get benefit to

the land as indigenous (1933)the land as indigenous (1933)• Nicaragua Political Constitution (1985, Nicaragua Political Constitution (1985, 19971997))• Autonomy Law (1987) and its regulation in 2003Autonomy Law (1987) and its regulation in 2003• Demarcation Law (2003)Demarcation Law (2003)• UNITED NATIONS DECLARATION ON THE RIGHTS OF UNITED NATIONS DECLARATION ON THE RIGHTS OF

INDIGENOUS PEOPLES (2007)INDIGENOUS PEOPLES (2007)• OIT (Convention No. 169) from 1989 and approved by OIT (Convention No. 169) from 1989 and approved by

Nicaragua Government in 2010Nicaragua Government in 2010

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Page 5: BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT BLUEFIELDS AUGUST

LEGAL FUNDAMENTS FOR LAND LEGAL FUNDAMENTS FOR LAND CLAIMCLAIM

• Evidences of the existence of the Moskitia:Evidences of the existence of the Moskitia:– Nicaragua Constitution 1834Nicaragua Constitution 1834

• Nicaragua was constituted by the parties of Nicaragua, Nicaragua was constituted by the parties of Nicaragua, Masaya, Subtiava, Segovias, Matagalpa, Managua, León, Masaya, Subtiava, Segovias, Matagalpa, Managua, León, Granada y Realejo. Granada y Realejo. The Moskitia was not part of The Moskitia was not part of Nicaragua constitution.Nicaragua constitution.

– Convention between the Commission of the Convention between the Commission of the Sovereign State of Nicaragua and the principal Sovereign State of Nicaragua and the principal Moskito Coast Chief.Moskito Coast Chief.• Agreed to give security to by passers through their Agreed to give security to by passers through their

territory. territory.

Page 6: BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT BLUEFIELDS AUGUST

LEGAL FUNDAMENTS FOR LAND LEGAL FUNDAMENTS FOR LAND CLAIMCLAIM

– Managua Treaty, where it is recognize the Managua Treaty, where it is recognize the sovereignty and territory through municipal sovereignty and territory through municipal constitutionconstitution• This includes the acceptance of the Moskitia This includes the acceptance of the Moskitia

Sovereignty and the willfully integration to the State of Sovereignty and the willfully integration to the State of NicaraguaNicaragua

• The Treaty between England and Nicaragua recognizes The Treaty between England and Nicaragua recognizes the the Sovereignty of the Sovereignty of the Moskitia.Moskitia.

– Clayton-Bulwer TreatyClayton-Bulwer Treaty• United States and England compromise not to colonize United States and England compromise not to colonize

and take over Nicaragua, Costa Rica, la Moskitia and and take over Nicaragua, Costa Rica, la Moskitia and any parts of Central America.any parts of Central America.

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LEGAL FUNDAMENTS FOR LAND LEGAL FUNDAMENTS FOR LAND CLAIMCLAIM

– (Austria’s Emperor Mediation Agreement)(Austria’s Emperor Mediation Agreement)– Laudo Arbitral del Emperador de AustriaLaudo Arbitral del Emperador de Austria

• Recognizes sovereignty over natural resources Recognizes sovereignty over natural resources concessions to the Government of the Moskitiaconcessions to the Government of the Moskitia

• Free TradeFree Trade• Rent to the State of the MoskitiaRent to the State of the Moskitia• Rights to hoist their own flagRights to hoist their own flag

– Reincorporation DecreeReincorporation Decree• Military occupation of Bluefields (pretext of war with Military occupation of Bluefields (pretext of war with

Honduras).Honduras).• Arguments: separatism, independenceArguments: separatism, independence• Violation of Uti possidetis juris principle Violation of Uti possidetis juris principle • Elimination by force of the Miskito governmentElimination by force of the Miskito government

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LEGAL FUNDAMENTS FOR LAND LEGAL FUNDAMENTS FOR LAND CLAIMCLAIM– Moskitia ConventiónMoskitia Conventión

•Recognizes the free determination of the Recognizes the free determination of the indigenous people to incorporate to Nicaraguaindigenous people to incorporate to Nicaragua

•Recognizes the Moskitia as subjects to Recognizes the Moskitia as subjects to International Rights International Rights

•Recognizes the self determination of indigenous Recognizes the self determination of indigenous people within the frame of special rightspeople within the frame of special rights

– Harrison-Altamirano TreatyHarrison-Altamirano Treaty•Evidence that the incorporation doesn't give Evidence that the incorporation doesn't give

rights of the property to the State of Nicaraguarights of the property to the State of Nicaragua

•Emphasizes the titling of the indigenous Emphasizes the titling of the indigenous communitiescommunities

•Contradicts the International RightsContradicts the International Rights

Page 9: BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT BLUEFIELDS AUGUST

LEGAL FUNDAMENTS FOR LAND LEGAL FUNDAMENTS FOR LAND CLAIMCLAIM

– Second Moskitia ConventionSecond Moskitia Convention• Recovery of sovereignty / pacta sunt servandaRecovery of sovereignty / pacta sunt servanda• Re-establishment of the Moskitia in equal political and Re-establishment of the Moskitia in equal political and

judicial level with the State of Nicaragua.judicial level with the State of Nicaragua.• Approval of Supreme Norms and Precepts of the Approval of Supreme Norms and Precepts of the

Communal Moskitia Nation Communal Moskitia Nation • Strategy to certify the territory Strategy to certify the territory

– Acceptance of the Laudo ArbitralAcceptance of the Laudo Arbitral– Demand to the State of NicaraguaDemand to the State of Nicaragua– Interpretation of the Moskitia Convention on to the Interpretation of the Moskitia Convention on to the

National AssemblyNational Assembly– Letter address to the president demanding respect to Letter address to the president demanding respect to

these rights these rights – Demand to the Central American Court of Justice to Demand to the Central American Court of Justice to

interpret the Laudo arbitralinterpret the Laudo arbitral..

Page 10: BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT BLUEFIELDS AUGUST

LEGAL FUNDAMENTS FOR LAND LEGAL FUNDAMENTS FOR LAND CLAIMCLAIM

– Legislative Decree that acknowledge Legislative Decree that acknowledge property rights of the afro-descendants property rights of the afro-descendants communities of Bluefields and recognizes communities of Bluefields and recognizes them also as indigenous (1919). them also as indigenous (1919).

– Political Constitution of Nicaragua. Political Constitution of Nicaragua. •Articles (Artos): 5, 8, 11, Articles (Artos): 5, 8, 11, 8989, 90, , 90, 107107, 121, 180, , 121, 180,

Recognize our rights as a people over our Recognize our rights as a people over our ethnic background, language, education, land, ethnic background, language, education, land, and resources. and resources.

Page 11: BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT BLUEFIELDS AUGUST

LEGAL FUNDAMENTS FOR LAND LEGAL FUNDAMENTS FOR LAND CLAIMCLAIM

Autonomy Law 28Autonomy Law 28Since 1894 we have struggled for our autonomy as Since 1894 we have struggled for our autonomy as

we were living before. Its approval has served as:we were living before. Its approval has served as:• Mechanism to end the warMechanism to end the war• Recognition of special rights to the indigenous and afro-Recognition of special rights to the indigenous and afro-

descendant peopledescendant people• Creation of Regional AuthoritiesCreation of Regional Authorities• Self Government Self Government • Limitations:Limitations:

– Doesn't recognizes historical rights and treaty Doesn't recognizes historical rights and treaty – Stealing the incomes from goods produced in the territory Stealing the incomes from goods produced in the territory – No control of the natural resources by the indigenous No control of the natural resources by the indigenous

people people – No free tradeNo free trade– No recognition to the rights to hoist historical flag No recognition to the rights to hoist historical flag – No recognition of territorial jurisdiction (See Polanco Map)No recognition of territorial jurisdiction (See Polanco Map)– No recognition of traditional authorities (versus parties)No recognition of traditional authorities (versus parties)– No implementation of Special Funds for the development of No implementation of Special Funds for the development of

the Atlantic Coast the Atlantic Coast

Page 12: BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT BLUEFIELDS AUGUST

LEGAL FUNDAMENTS FOR LAND LEGAL FUNDAMENTS FOR LAND CLAIMCLAIM

DEMARCATION LAW 445DEMARCATION LAW 445 (considerations and articles): (considerations and articles):

• It is the ineludible commitment of the State of Nicaragua to It is the ineludible commitment of the State of Nicaragua to respond to the claim for the titling of the Lands and territories of respond to the claim for the titling of the Lands and territories of the indigenous peoples and ethnic communities of the former the indigenous peoples and ethnic communities of the former Mosquitia of Nicaragua. Mosquitia of Nicaragua.

• Arts. 3: Ethnic and Indigenous Territory: Is the geographic area Arts. 3: Ethnic and Indigenous Territory: Is the geographic area covering the entire habitat of a group of indigenous or ethnic covering the entire habitat of a group of indigenous or ethnic communities to integrate a territorial unit, where they develop in communities to integrate a territorial unit, where they develop in accordance with their customs and traditions.accordance with their customs and traditions.

• Arts. 24: The State recognizes the rights of the indigenous and Arts. 24: The State recognizes the rights of the indigenous and ethnic communities over the lands that they traditionally ethnic communities over the lands that they traditionally occupy. Likewise, it recognizes and guaranties the inalienability, occupy. Likewise, it recognizes and guaranties the inalienability, inprescriptibility and the inprescriptibility and the inability to embargo the landinability to embargo the land

Page 13: BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT BLUEFIELDS AUGUST

LEGAL FUNDAMENTS FOR LAND LEGAL FUNDAMENTS FOR LAND CLAIMCLAIM

• Arts. 29: The right of ownership over the communal land Arts. 29: The right of ownership over the communal land belongs collectively to the indigenous and ethnic belongs collectively to the indigenous and ethnic communities. The members of the communities or group of communities. The members of the communities or group of communities have the rights of occupation and usufruct, communities have the rights of occupation and usufruct, according to the traditional forms of tenure of communal according to the traditional forms of tenure of communal property.property.

• Arts. 31: The Government of the Republic, the Autonomous Arts. 31: The Government of the Republic, the Autonomous Regions and the Municipalities shall respect the rights over Regions and the Municipalities shall respect the rights over the communal lands that they have traditionally occupied, the communal lands that they have traditionally occupied, as well as the rights over the natural resources, that the as well as the rights over the natural resources, that the indigenous peoples and ethnic communities have indigenous peoples and ethnic communities have traditionally exploited. traditionally exploited.

Page 14: BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT BLUEFIELDS AUGUST

LEGAL FUNDAMENTS FOR LAND LEGAL FUNDAMENTS FOR LAND CLAIMCLAIM

Adoption of the text of THE UNITED NATIONS DECLARATION ON Adoption of the text of THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES THE RIGHTS OF INDIGENOUS PEOPLES

Considerations:Considerations:

• That indigenous peoples have suffered from historic That indigenous peoples have suffered from historic injustices as a result of their colonization and dispossession injustices as a result of their colonization and dispossession of their lands, territories and resources, thus preventing of their lands, territories and resources, thus preventing them from exercising, in particular, their right to them from exercising, in particular, their right to development in accordance with their own needs and development in accordance with their own needs and interests.interests.

• That treaties, agreements and other constructive That treaties, agreements and other constructive arrangements, and the relationship they represent, are the arrangements, and the relationship they represent, are the basis for strengthened partnership between indigenous basis for strengthened partnership between indigenous peoples and States. peoples and States.

Page 15: BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT BLUEFIELDS AUGUST

LEGAL FUNDAMENTS FOR LAND LEGAL FUNDAMENTS FOR LAND CLAIMCLAIM

• Arts. 26: Indigenous peoples have the right to the lands, Arts. 26: Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, territories and resources which they have traditionally owned, occupied, or otherwise used or acquired. States shall give legal occupied, or otherwise used or acquired. States shall give legal recognition and protection to these lands, territories and recognition and protection to these lands, territories and resources.resources.

• Arts. 27: States shall established and implement, in conjunction Arts. 27: States shall established and implement, in conjunction with indigenous peoples concerned a fair, independent, with indigenous peoples concerned a fair, independent, impartial, open and transparent process giving due recognition impartial, open and transparent process giving due recognition to indigenous peoples laws, traditions, customs and land tenure to indigenous peoples laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources. peoples pertaining to their lands, territories and resources. Indigenous peoples shall have the rights to participate in this Indigenous peoples shall have the rights to participate in this process.process.

• Arts. 28: Indigenous peoples have the rights to redress, by Arts. 28: Indigenous peoples have the rights to redress, by means that can include restitution or when this is not possible, means that can include restitution or when this is not possible, just, fair and equitable just, fair and equitable compensationcompensation, for the lands, territories , for the lands, territories and resources which they have traditionally owned.and resources which they have traditionally owned.

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HISTORICAL CLAIMHISTORICAL CLAIM• MOSQUITO COAST PEOPLE OF NICARAGUAMOSQUITO COAST PEOPLE OF NICARAGUA

– According to anthropologist the first inhabitants of the Mosquito Coast is According to anthropologist the first inhabitants of the Mosquito Coast is dated from about 6000 years.dated from about 6000 years.

– Other evidences are dated from 2500 and 1000 years backOther evidences are dated from 2500 and 1000 years back– Indigenous presence in Coco river, Prinzapolka (Prinzu Awala), Escondido, Indigenous presence in Coco river, Prinzapolka (Prinzu Awala), Escondido,

Matagalpa, San Juan del Sur, Punta Gorda and Corn IslandMatagalpa, San Juan del Sur, Punta Gorda and Corn Island– Miskitos, (Matagalpas), Ulwas, Sumu, Kukras, RamasMiskitos, (Matagalpas), Ulwas, Sumu, Kukras, Ramas

• PRESENCE OF BLACK PEOPLE ON THE MOSQUITO COASTPRESENCE OF BLACK PEOPLE ON THE MOSQUITO COAST

– 1640 the mosquitos related about a shipwreck happen around Cape Gracias 1640 the mosquitos related about a shipwreck happen around Cape Gracias a Dios containing African slavesa Dios containing African slaves

– Africans began to interrelate with the mosquito creating the Zambos-Africans began to interrelate with the mosquito creating the Zambos-mosquitos (mixture of Miskito and black), they later became Miskitos. mosquitos (mixture of Miskito and black), they later became Miskitos. Bishop John WilsonBishop John Wilson

– 1840 Creoles that were born from European and black that also came from 1840 Creoles that were born from European and black that also came from Jamaica, Cayman Island and other Caribbean IslandJamaica, Cayman Island and other Caribbean Island

– 1860-1880 Garifunas originated from Saint Vincent Island and born from a 1860-1880 Garifunas originated from Saint Vincent Island and born from a mixture of African and Indian mixture of African and Indian

• RECOGNITION OF BLACK PEOPLE RIGHTS ON THE MOSQUITO COAST RECOGNITION OF BLACK PEOPLE RIGHTS ON THE MOSQUITO COAST

– Executive decree of the year 1933 that reforms the Law from the March 4, Executive decree of the year 1933 that reforms the Law from the March 4, 1919 (Legislative Decree that gives property to the people of the former 1919 (Legislative Decree that gives property to the people of the former Mosquito Reserve actually called Zelaya Department), that stated that the Mosquito Reserve actually called Zelaya Department), that stated that the word indigenous is also applied to the creoles Art. 1word indigenous is also applied to the creoles Art. 1

Page 17: BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT BLUEFIELDS AUGUST

COMPROMISE OF ACTUAL CENTRAL GOVERNMENTCOMPROMISE OF ACTUAL CENTRAL GOVERNMENT

• AGREEMENT BETWEEN POLITICAL PARTIES (YATAMA-FSLNAGREEMENT BETWEEN POLITICAL PARTIES (YATAMA-FSLN ) )– Agreement No. 1Agreement No. 1 Continuation of Territorial DemarcationContinuation of Territorial Demarcation of of

indigenous and afro-descendants based on the Law No. 445 indigenous and afro-descendants based on the Law No. 445 and the sentence of the CIDH about the Awas Tingni Case and the sentence of the CIDH about the Awas Tingni Case assuring the participation of the actors and beneficiaries to assuring the participation of the actors and beneficiaries to full conclusion, which means reactivating CONADETI and the full conclusion, which means reactivating CONADETI and the CIDT, and titling the territories to the communitiesCIDT, and titling the territories to the communities. .

– Agreement No. 2Agreement No. 2 Reform of the Autonomy StatuteReform of the Autonomy Statute and its and its regulation in order to adjust its context according to regulation in order to adjust its context according to historical rights of the people and their communities.historical rights of the people and their communities.

– Agreement No. 3Agreement No. 3 Reform of the Electoral Law Reform of the Electoral Law to include to include resolutions of the International Human Rights Court (CIDH) of resolutions of the International Human Rights Court (CIDH) of the Organization of American States (OEA) that guarantee the Organization of American States (OEA) that guarantee real participation and representation of indigenous and real participation and representation of indigenous and afrodescendant people.afrodescendant people.

– Agreement No. 6Agreement No. 6 Detention of Agricultural BorderDetention of Agricultural Border to avoid to avoid the destruction of the forest and the reaping of natural the destruction of the forest and the reaping of natural resources of the Autonomous regionsresources of the Autonomous regions

Page 18: BLUEFIELDS BLACK- CREOLE INDIGENOUS GOVERNMENT BLUEFIELDS CREOLE COMMUNAL GOVERNMENT GENERAL PRESENTATION OF THE COMMUNAL GOVERNMENT BLUEFIELDS AUGUST

ORGANIZATION OF THE BLACK – CREOLE ORGANIZATION OF THE BLACK – CREOLE INDIGENOUS GOVERNMENTINDIGENOUS GOVERNMENT

• CONSTITUTION OF NICARAGUACONSTITUTION OF NICARAGUA– Art. 8,11,49,89,90,91,121,180 181 establishes all rights for the Coast Art. 8,11,49,89,90,91,121,180 181 establishes all rights for the Coast

People and the recognition that Nicaragua is a multiethnic and People and the recognition that Nicaragua is a multiethnic and pluricultural country with rights to organize freely in their traditional pluricultural country with rights to organize freely in their traditional formsforms..

• LAW 28LAW 28– Art. 11.4 Rights of the people ”to develop freely their social and Art. 11.4 Rights of the people ”to develop freely their social and

productive organization according to their own values.productive organization according to their own values.””

• LAW 445LAW 445– Art. 4. The communal Assembly constitutes the maximum authority of Art. 4. The communal Assembly constitutes the maximum authority of

the indigenous and ethnic communities.the indigenous and ethnic communities.– Art. 5. Communal Authorities are traditional government and Art. 5. Communal Authorities are traditional government and

administrative bodies representing the communities that elected them administrative bodies representing the communities that elected them in accordance with their customsin accordance with their customs

– Art. 6 Election, reelections, dismissals from office, and mandate periods Art. 6 Election, reelections, dismissals from office, and mandate periods of the communal and territorial authorities, shall be carried out of the communal and territorial authorities, shall be carried out according to the traditional procedures and customs of the indigenous according to the traditional procedures and customs of the indigenous communities and ethnic communities.communities and ethnic communities.

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ORGANIZATION OF CREOLE COMMUNAL GOVERNMENT OF BLUEFIELDS

• 1914 CREOLES AND AFRODESCENDANT OF BLUEFIELDS PRESENTED A CLAIM TO COLECTIVE RIGHTS TO THE LAND TO THE CHALKLEY TITILING COMMISION

• 1933 CREOLE COMMUNITY OF BLUEFIELDS GOT RIGHTS TO CLAIM AS INDIGENOUS PEOPLE

• 1935 HORATIO HODGSON MEMORIAL THAT CRY OUT FOR THE RIGHTS OF THE PEOPLE OF THE ATLANTIC COAST

• IN 1997 CREOLES ONCE MORE ORGANIZE TO CLAIM THE LAND BY DIFFERENT STUDIES DONE BY CARC (CENTRAL AMERICAN RESEARCH CENTER)

• INSTALATION OF FIRST CREOLE COMMUNAL GOVERNMET OF BLUEFIELDS – SEPTEMBER 2003 AT THE MORAVIAN GYM IN BLUEFIELDS NICARAGUA

• COMMUNAL ASSEMBLE TO RESTRUCTURE COMMUNAL GOVERNMENT OF BLUEFIELDS IN JUNE 2005 – MORAVIAN GYM

• COMMUNAL ASSEMBLE TO RATIFY CREOLE LAND CLAIM- 2006, 2007, 2008, 2009

• COMMUNAL ASSEMBLE FOR ELECTION OF NEW COMMUNAL GOVERNMENT OF BLUEFIELDS –DECEMBER 2009 – FOR THE PERIOD 2010-2014

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HIERARCHY STRUCTURE OF HIERARCHY STRUCTURE OF GOVERNMENTS IN NICARAGUAGOVERNMENTS IN NICARAGUA

Political Constitution of the Republic of Nicaragua

National Assemble Executive Power

Regional Autonomous Councils

Coordinators of Regional GovernmentsDirective Board

Municipal Government Communal Government

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HIERARCHY STRUCTURE OF THE COMMUNAL HIERARCHY STRUCTURE OF THE COMMUNAL GOVERNMENTGOVERNMENT

Communal Assemble

Legal Representative Directive Board Board of Elders

Enviormental an Nat. Resource Commission

Infrastructure Commission

Social and Cultural Commission

Advisors

Demarcation and Titling Commission

Finantial Commission

Electoral Commission

Communication Commission

Communal Judge

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• VISION:VISION:– The Black Creole Indigenous people of Bluefields The Black Creole Indigenous people of Bluefields

is the rector of the development on the Atlantic is the rector of the development on the Atlantic Coast of Nicaragua, with a high sense of self-Coast of Nicaragua, with a high sense of self-esteem, respect to all people, with responsibility, esteem, respect to all people, with responsibility, economical and political power, with a high civic economical and political power, with a high civic value and administration, to conserve their value and administration, to conserve their natural and human resources in a sustainable natural and human resources in a sustainable manner for the welfare of the present and future manner for the welfare of the present and future generations.generations.

• MISSION:MISSION:- To better the quality and the life of Black Creole - To better the quality and the life of Black Creole Indigenous people of Bluefields to better the Indigenous people of Bluefields to better the human development of its people, throughout human development of its people, throughout demarcation of their land, the conservation of demarcation of their land, the conservation of natural resources and motivating citizen natural resources and motivating citizen participation for local development.participation for local development.

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GENERAL OBJECTIVE OF THE BLUEFIELDS BLACK – GENERAL OBJECTIVE OF THE BLUEFIELDS BLACK – CREOLE INDIGENOUS GOVERNMENTCREOLE INDIGENOUS GOVERNMENT

• Principal ObjectivesPrincipal Objectives::– Rescue the cultural, patrimonial, identity and Rescue the cultural, patrimonial, identity and

customs through creation of awareness, to serve customs through creation of awareness, to serve as instrument of development for the community as instrument of development for the community through socio economical programs and projects through socio economical programs and projects identified by the necessity of the people and to identified by the necessity of the people and to consolidate the autonomic process. consolidate the autonomic process.

– Recover the communal territory of the Black Recover the communal territory of the Black Creole Indigenous community of Bluefields for Creole Indigenous community of Bluefields for sustainable development. sustainable development.

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SPECIFIC OBJECTIVES CONT..SPECIFIC OBJECTIVES CONT..

• Rescue and promote the identity of the Black Creole Rescue and promote the identity of the Black Creole Community of Bluefields through educational programs Community of Bluefields through educational programs that promotes respect and welfare of the development of that promotes respect and welfare of the development of professional and to insert at all levels of education the professional and to insert at all levels of education the obligatory subject of the Autonomy Law and Demarcation obligatory subject of the Autonomy Law and Demarcation Law. Law.

• Recover the customs and traditions of the Black and Recover the customs and traditions of the Black and Creole community of Bluefields in order to preserve our Creole community of Bluefields in order to preserve our real identity and maintain respect before national and real identity and maintain respect before national and international public opinion international public opinion

• Recover the patrimony of the Black Creole Indigenous Recover the patrimony of the Black Creole Indigenous people of Bluefields to convert it in a source of people of Bluefields to convert it in a source of employment.employment.

• Integrate all the people of the Black and Creole Ethnic Integrate all the people of the Black and Creole Ethnic community in and out of the country in order to create community in and out of the country in order to create the unity of all people.the unity of all people.

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SPECIFIC OBJECTIVES CONT..SPECIFIC OBJECTIVES CONT..

• Foment the interrelation with other ethnic people and Foment the interrelation with other ethnic people and indigenous communities abroad and to other regions indigenous communities abroad and to other regions in the country.in the country.

• Consolidate formal relationship with communal, Consolidate formal relationship with communal, municipal, regional, national and international municipal, regional, national and international authorities for the welfare of the Black Creole authorities for the welfare of the Black Creole Indigenous Communal Government of Bluefields.Indigenous Communal Government of Bluefields.

• Organization of commissions to spare lead programs Organization of commissions to spare lead programs

and projects that will serve to develop the productive and projects that will serve to develop the productive potential in the territories that belongs to the Black potential in the territories that belongs to the Black Creole Community of BluefieldsCreole Community of Bluefields

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PRINCIPAL ACHIEVEMENTSPRINCIPAL ACHIEVEMENTS• Political recognition of the Black Creole Indigenous government at all levels (municipal, Political recognition of the Black Creole Indigenous government at all levels (municipal,

regional, national international)regional, national international)• Organization of Neighbourhood DB, Commissions, Board of elders Organization of Neighbourhood DB, Commissions, Board of elders • Participation in public mattersParticipation in public matters• Election of representative to CONADETI/CIDTElection of representative to CONADETI/CIDT• Establishment of office with equipmentEstablishment of office with equipment• Elaborated the By laws of the Communal GovernmentElaborated the By laws of the Communal Government• Electoral procedures elaboratedElectoral procedures elaborated• Organization of Corn Island Communal GovernmentOrganization of Corn Island Communal Government• Territorial Claim presented (2005) and admitted (2010) by the CIDTTerritorial Claim presented (2005) and admitted (2010) by the CIDT• Organization of ordinary and extraordinary assemblesOrganization of ordinary and extraordinary assembles• Election of Communal representatives to the General AssembleElection of Communal representatives to the General Assemble• Black Creole CENSUSBlack Creole CENSUS• Meeting with World Bank and MTI concerning the Highway Meeting with World Bank and MTI concerning the Highway • Lobbying for the 25% established by Law 445 to the Communal GovernmentLobbying for the 25% established by Law 445 to the Communal Government• Meeting with the National Assemble Commission concerning the proposed Coastal Law.Meeting with the National Assemble Commission concerning the proposed Coastal Law.• Meeting with the all communal and territorial governmentsMeeting with the all communal and territorial governments• Meeting with the Rama and Spanish speaking population at the south of Bluefields Meeting with the Rama and Spanish speaking population at the south of Bluefields • Meeting with BICU Indigenous and Creole StudentsMeeting with BICU Indigenous and Creole Students• Coordination with the Black Creole of the RAANCoordination with the Black Creole of the RAAN• Organization a technical team towards the process of demarcation and titlingOrganization a technical team towards the process of demarcation and titling• Support of advisors towards the Communal GovernmentSupport of advisors towards the Communal Government• Meeting with the General Ombudsman (Procurador General de Derechos Humanos)Meeting with the General Ombudsman (Procurador General de Derechos Humanos)• Meetings with various national and international consultants around rights to land claimMeetings with various national and international consultants around rights to land claim• Presentation of claim to various municipalities and Municipal Council in the SAARPresentation of claim to various municipalities and Municipal Council in the SAAR• Defense of the regional territory in Rama MunicipalityDefense of the regional territory in Rama Municipality

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CHALLENGESCHALLENGES

• Demarcation and Titling of the communal land claimed by the Demarcation and Titling of the communal land claimed by the Communal Government and ratified by the assemble. Communal Government and ratified by the assemble.

• Promote a guide of good living and respect among all people Promote a guide of good living and respect among all people living on the creole territory of Bluefields (guia de convivencia)living on the creole territory of Bluefields (guia de convivencia)

• Rescue the cultural, patrimonial, tradition, customs and Rescue the cultural, patrimonial, tradition, customs and identity creating awareness in order to develop the communityidentity creating awareness in order to develop the community

• Increase the participation of Black Creole people in the Increase the participation of Black Creole people in the strengthening of the communal structures, commissions and strengthening of the communal structures, commissions and governmentgovernment

• Elaborate a plan for integral development (social, economical, Elaborate a plan for integral development (social, economical, productive and political) for Black creole indigenous people for productive and political) for Black creole indigenous people for BluefieldsBluefields

• Strengthen autonomical processStrengthen autonomical process

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