Court's victory for indigenous rights.

• Author: Conaway, Janelle
• Position: OAS - Brief Article

IN A LANDMARK DECISION affecting the territorial rights of indigenous peoples, the Inter-American Court of Human Rights recently found that the Mayagna Indian community of Awas Tingni, on Nicaragua's Atlantic Coast, has collective rights to its traditional lands, resources, and the environment. The ruling found that by granting concessions to a foreign company to log on traditional Mayagna lands without Awas Tingni's consultation or consent, the Nicaraguan government violated the community's human rights and property rights.

In its ruling, the Court affirmed the rights of indigenous peoples to live freely on their own lands and to preserve their cultural heritage. "The close relationship that indigenous peoples have with their land must be recognized and understood to be the foundation of their cultures, their spiritual life, their integrity, and their economic survival," the Court stated.

The Costa Pica-based Inter-American Court ordered the Nicaraguan government to demarcate the traditional lands of Awas Tingni and recognize the community's title to its traditional lands. The government must submit biannual reports on the measures it takes to comply with the decision. The Court also awarded $50,000 in compensation to the indigenous community, as well as $30,000 in attorney fees and costs.

The Inter-American Commission on Human Rights currently is considering some forty cases involving various indigenous issues, but this was the first such case it had taken to the Inter-American Court for a binding decision. During a press conference at OAS headquarters, the Commission chairman, Claudio...