For Land, Nature, Life and the Future
The 336 representatives of the Mayagna, Miskito, Rama indigenous peoples, ethnic communities, 10 representatives of the Honduran Moskitia, and over 1,200 leaders, visitors and observers that met in the city of Bilwi from the 20th to 26th of February in the "Juan Amos Comenius" Moravian Institute,
Taking into consideration that:
Indigenous territory is the heritage of the peoples that live within it and thereforeis an inalienable right and guarantees the preservation of our cultures and identities.
This territory has been recognized by international agreements that hold up this ancestral right of ownership, under a system of communal coexistence with other cultures, respect for nature, the necessary use of its natural resources and historic heritage for our future generations.
The Constitution of the Republic establishes in its Fundamental Principles that "The State recognized the existence of Indigenous peoples who shall enjoy the rights, responsibilities, and guarantees provided by the Constitution, and, in particular, those of maintaining and developing their identity, culture, their own forms of social organization and administration of local affairs; likewise, to maintain communal forms of property on their lands and possession, use, and enjoyment of the same, in full conformity with the Law." [Article 5, Constitution]
It is noted in Article 180 of the Constitution that "The communities of the Atlantic coast have the right to live and develop themselves under forms of social organization that correspond to their historical and cultural traditions." It goes on: "The State guarantees these communities enjoyment of their natural resources, effectiveness in their forms of communal property and free election of their authorities and legislative representatives." [unofficial translation, not taken from official authorized English-language text].
Historically we have been forced to defend our communal territory, and though it has never had frontiers, we have been forced define these borders in the face of division and separation of our families due to the disintegration and repartition of states with artificial frontiers that have diminished and divided our natural resources.
In the last ten years we have made numerous efforts to peacefully legalize the status of our ancestral lands. The results have not been fruitful and, in the best of scenarios, the agreements that we have reached are not held up. Now we face the imminent risk that the Nicaraguan government will usurp our lands.
After many complaints, the National Commission for the Demarcation of Indigenous Territories of the Atlantic was formed by way of Decree 16-96; but Decree 4-97 was reformed without any consultation.
This National Commission continues to be mainly comprised of representatives of central government institutions with only a minority of indigenous representatives. This lack of representation does not comply with the agreements of the National Dialogue in which, for the first time in the history of our supposed integration, the President of the Republic committed himself to change the make-up of this commission in order to achieve parity between the government officials and indigenous representatives.
This National Commission has been inoperative, indefinitely delaying the important task of demarcation which we have struggled for so long.
Indiscriminate granting of concessions of our natural resources is leading to over-exploitation mainly because the state does not exercise any control over these concessions. Furthermore, the norms and regulations of concessions are never complied with, creating venality and corruption in the process.
The large-scale industrial fishing companies must respect our traditional artisan fishing practices which have been our principal means of survival.
We responsible community members and leaders must necessarily take control of our natural resources in order to conserve them and use them for our own necessities. That's the way to safeguard our culture and existence. This right to control our own property has its base in the historic Supreme Court decision which suspended the concessions granted by both the central and regional governments.
The Regional Councils have been dysfunctional; they have not responded to numerous demands of the indigenous population. This has created a lack of leadership in our territory, leading to mismanagement and abuse of our natural resources to disrespect for our organizations and traditions, and to deteriorating living conditions.
We consider that the beginning of the next century must be marked by a new relationship between our communities and the State, which must start with a definitive solution to the issue of territory.
We seek peace, happiness, love, and sharing of our beliefs and possessions with those who respect us in accordance with our ancestral custom of coexistence with other cultures, peoples, and nations.
We are aware of the many problems and dramatic social and economic situation that we face. Furthermore, we realize that these problems cannot be overcome until we first resolve the issue of ownership and legalization of our territory; of the administration of its resources; and the issue of a legal framework to regulate and control those attributes.
The Council of Elders is our preeminent traditional organization; they merit all due respect, for that is not only our customary law, but the Council is also legally recognized in national legislation.
The General Assembly of Indigenous Peoples and Ethnic Communities is the highest traditional authority which determines the destiny of our peoples and communities which have inhabited our lands since the days of our ancestors long ago.
In light of these considerations, this General Assembly of Indigenous Peoples and Ethnic Communities, making use of the faculties conferred by Indigenous and ethnic communities,
Decrees the following:
The tasks of the commissions are:
Demarcation
Clarification of historic maps and boundaries, declaring that the territory as a whole shall be the object of indigenous demarcation.
Request arbitration to guarantee a fair legalization of territory and resolution of disputes regarding contradictions with other forms of property.
Contract consulting services for the short-term elaboration of a methodology for auto-demarcation in which communities have direct participation in defining, planning, executing, and evaluating this process.
Natural Resources
A plan for 100% utilization of revenues generated from fishing, logging, and mining activities will be elaborated. This plan requires organization of the communities in order to administer funds transferred from companies involved.
Resource-exploitation and processing activities destructive of our eco-systems and natural habitat will be halted.
Sea, Lake, and River Resources
Clear and harmoniously defined limits between traditional and industrial fishing activities; establish agreements necessary for enforcement of such limits. Industrial fishing will be prohibited in rivers and lakes.
Develop a strategy to halt piracy in our national waters will be developed in collaboration with government authorities, community leaders, businesses, and international organizations.
Set guarantees for the stability of companies currently operating on our Atlantic Coast, within the framework of safeguarding rational exploitation and preventing over-exploitation.
Requests will be made to international specialized marine biology organizations to study and assess our coastal waters' capacity to support marine life extraction. These organizations would also help determine the appropriate periods for bans and restrictions on capture of endangered species. This should be carried out in conjunction with state authorities, community leaders, businesses, and corresponding international organizations. At the same time, incentives should be offered to those who comply with such norms. Advantage should be taken of fishing-bans time to improve the fishing fleet.
The Legal Commission of the General Assembly of Indigenous Peoples and Ethnic Communities will proceed to elaborate the bills necessary for the ratification of these measures.
This proposal will also be presented for discussion with international organizations with the aim of coordinating implementation of these measures.
Immediate agreements will be made to protect and halt deforestation of mangroves; and to promote their reforestation.
Those means of extraction which continue to destroy marine life and endangered species will be prohibited.
Forest and Scrub Resources
Companies will be forced to comply with their forest management plans under community supervision.
An initial proposal will be formulated for the management of forest resources based on an inventory and current diagnostic of their condition.
All agreements for the exploration and exploitation of our resources will be granted only with the approval and participation of our communities.
All natural resource concessions which affect and harm the flora and fauna will be suspended, especially those which destroy our natural medicine sources.
A proposal to carry out an inventory of medicinal plants will be formulated with the goal of protecting these resources.
Mines and Hydrocarbons
The legal status of concessions for the exploration and exploitation of mining and hydrocarbon resources will be reviewed in coordination with the affected communities.
These activities should be carried out in conjunction with the communities in order to avoid that the exploration activities are used to stimulate speculation on the international market.
Mining and hydrocarbon concessions that harm the environment and our ecosystems will be suspended.
Auditing mechanisms will be put in place to monitor exploration and exploitation concessions, the scope and destination of earnings obtained from these by central and regional governments.
Companies with natural resource concessions, government institutions, and international organizations must make available studies they have carried out regarding the capacities and potential of our territory.
Establish norms guaranteeing a fair return to self-employed miners, based on new relations between them and mining companies.
Exploration studies and techniques used in such concessions must be approved by affected communities in order to prevent damage to the ecology and to human beings.
Legal and Judicial Aspects
Immediate protection for the members of the Executive Government of General Assembly of Indigenous Peoples and Ethnic Communities will be requested from international human rights organizations.
A first draft of our constitution will be presented to the next General Assembly. This constitution will guide the future of our peoples and ethnic communities inspired by Indigenous philosophical principles based on values of coexistence in harmony with nature, communal ownership of property, and the struggle to preserve our culture.
Social Issues
Immediate attention to control the cholera epidemic in affected Indigenous communities. Measures are also required to prevent its spread to other communities.
Immediate alternatives must be sought for relocating Indigenous communities still situated on the Bambana River banks.
Systematic and immediate response to work-related demands arising in different government entities.
Help organize a meeting of maritime workers, both scuba-divers and sailors, to deal with their most urgent demands and resolve pending problems. Assistance must be given to scuba divers suffering from Bend's disease and other diving-related problems.
Promote our culture through publication of Indigenous communities' traditional tales and legends; and through developing different schools of dance and auchtononous folklore, aiming to make them know nationally and internationally.
Immediate assistance must be provided to widows and orphans; and especially those who have been affected by the drought and are lacking food.
Review the prison system in our territory and bring about transfer of prisoners from other zones who originate in our territory.
EMERGENCY HUMAN RIGHTS COMMISSION
Community Commissions shall be formed in each community.
An elder shall be chosen to coordinate it, and others to take responsibility for natural resources, demarcation, juridical affairs, and social issues.
Territorial units will be formed in order to help network communities with natural, social, or production-based affinity.
These territorial units shall be convoked to coordinate joint activities relating to the aforementioned themes: natural resources, demarcation, and juridical and social affairs.
A Indigenous human rights defense plan hall be presented, rooting itself in respect for Human Rights in general - the Right to live in a healthy ecological environment that guarantees our ability to make use of our natural resources.
Here follows a list of those elected to Commissions
COMISION DE DEMARCACION TERRITORIAL
| Presidente | Felix Suarez | Lagun Tara |
| Vice-presidente | Ing. Ramón Prado | Tasba Pauni wina |
| Secretario | Ever Gómez | Wasakin |
| Fiscal | Lloyd Cuthberth | Bilwi wina |
| Segundo Fiscal | Agustin Mora | Kum, Wangki |
| Primer Vocal | Antonio Vargas | Santa Clara |
| Segundo Vocal | Rafael Bolaños | Halouver |
COMISION DE RECURSOS NATURALES
| Presidente | Hipolito Nehemias | Kamla |
| Vice-presidente | Simeón Rocha | Bilwi |
| Secretario | Salomon Ramirez Mora | Kum, Wangki |
| Fiscal | Emelda Molina Chow | Sisín |
| Segundo Fiscal | Antonio Talavera | Rosita |
| Primer Vocal | Melida William Padilla | Sandy Bay |
| Segundo Vocal | Roy McCoy Mudya | Waspam |
COMISION DE ASUNTOS JURIDICOS Y LEGALES
| Presidente | Stordy Goddfray | Sakling, Wangki |
| Vice-presidente | Samuel Kitler Borge | Asang, Wangki |
| Secretario | Guillermo Maiguel | Prata |
| Fiscal | Rita Reyes Calero | Sandy Bay Lídakra |
| Segundo Fiscal | Alwin Becker López | Paliyumhpa |
| Primer Vocal | Niman Bentan Anderson | Sising, Río Wawa |
| Segundo vocal | Roger Patterson | Prata |
COMISION DE ASUNTOS SOCIALES
| Presidente | Ruiz Santiago | San Jerónimo |
| Vice-presidente | Julián Castillo | San Andres de Bocay |
| Secretario | Mildred Browns Hall | Río Grande |
| Fiscal | Angel Ortiz Fuentes | Butko, Río Wawa |
| Segundo fiscal | José Osorno Mora | Bilwaskarma |
| Primer vocal | Ceberiano Padilla Cristóbal | Dakra |
| Segundo vocal | José Jarquín Figueroa | Auyapihni |
COMISION DE EMERGENCIA
| Presidente | Ruiz Jackwon | Andris, Wangki wina |
| Vice-presidente | Constantino Rommell | Tasba Raya wina |
| Secretario | Mauricio Cornejo Fernandez | Aniwas wina |
| Fiscal | Baldicio Russbell Genaro | Santa Clara |
| Segundo Fiscal | Nicanor Polanco Wilson | Sukatpin |
| Primer Vocal | Jose Toledo Joneteller | Francia Sirpi |
| Segundo Vocal | Monisto Santiago Dixon | Laguna de Perlas |
The IX General Assembly of Indigenous People and Ethnic Communities also confirms as general consultants of the Executive Government and the Council of Elders as:
Dr. Oscar Hodgson Arguello
Carlos Molina Marcia, and
Ernesto Scott Lackwood
Proclaimed in the city of Bilwi, February 26, 1998.
Signed by 386 delegates from that number of communities<*
CONSEJO DE ANCIANOS DE LA COSTA ATLANTICA
Casa del Consejo de Ancianos, Contiguo al Hotel Rivera, Bilwi, Puerto Cabezas
En Managua: IMSCO, detras del Parque Carmen
Phone: 505 266 0718/ 222 6972 Telefax: 268 2868
Email: almuk@puebloindio.org ///\\\ imsco@sdnnic.org.ni
Internet Web Page: http://www.puebloindio.org.moskitia/
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Translated by Felipe Stuart Courneyeur
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