Abstract

In October 1995, the Awas Tingni community of Nicaragua presented a petition to the Inter-American Commission on Human Rights (the "Commission") asserting that the government of Nicaragua had breached its obligations under both domestic and international law by failing to guarantee the community's use and enjoyment of its ancestral lands. 1 Those lands, which consist of rain forest located along the northern Caribbean coast of Nicaragua, were the subject of a thirty-year concession for road construction and timber exploitation awarded by the government to a Korean corporation, Sol del Caribe, S.A. ("SOLCARSA"). The Awas Tingni, a Mayagna-speaking people, reside on the lands in accordance with a traditional system of land tenure and subsist on the lands primarily by family and community farming; their culture and social structure are closely tied to their historic occupation of those lands. 2 [End Page 569]

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