Petition alleging the State’s failure to demarcate communal land, to protect the indigenous people’s right to own their ancestral land and natural resources, and to guarantee access to effective remedy. Violation of right to judicial protection and private property. Prohibition imposed upon the State to grant concessions to third parties in the said land. Obligation to take measures to demarcate indigenous people’s land and issue land titles.
In January 2003, the community filed an amparo action against President Bolaños and ten other high ranking government officials, because the decision had not been enforced. This action has not been resolved yet. In January 2003, the Nicaraguan National Assembly passed a new law aimed at demarcating indigenous land. Awas Tingni could be the first community to obtain land titles under the new law.
This case is of major significance, because it is the first time that the Inter-American Court has issued a judgment in favor of the rights of indigenous peoples to their ancestral land. It is a key precedent for defending indigenous rights in Latin America. The decision is a major step in the fight against the historical and ongoing subjugation of indigenous peoples in the region.
Petitioner: Jaime Castillo Felipe, leader or syndic of the Mayagna Community (Sumo) of Awas Tingni, acting in his own name and on behalf of the Community, sponsored by Centro de Recursos Jurídicos para los Pueblos Indígenas (Indian Law Resource Center)
and
The University of Arizona Indigenous Peoples Law and Policy (IPLP) Program.