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The political parties, F.S.L.N., y P.L.C.,
united by a Pact in the National
Assembly, approved Law
No.585 on the 6th of june, 2006,
called
“LAW OF MORATORIA FOR HARVEST,
APPROVAL AND COMMERCIALIZATION OF
FOREST RESOURCES” which will
accelerate the advance of the
agricultural frontier with the
loss of indigenous lands and the
destruction of biodiversity , and
istopping the indigenous community
of the Atlantic Coast, the the
collective owners of large areas of
forest lands with trees of
commercial value in the
country, to use their resources
given to them by the official
Political Constitution , the Law of
Autonomy and Law 445, of the
country: The referred to
Moratorium among others prohibits:
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The harvest, approval and
commercialization of trees of the
species mahogany, cedar, pochote,
pine, mangle y ceibo for a period
of (10) years commencing with the
passing of this Law on the 7th of
June 2006;
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The establishment or utilization
of fixed or portable sawmills not
approved by INAFOR;
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Prohibits the exportation of logs,
timbers, and lumber of any
species;
-
Prohibits the transport and
commercialization of trees of
species mentioned in the first
article (mahogany, cedar, pochote,
mangle, ceibo and pine) ;
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Article 09 of the law classifies
traditions of the indigenous of
the Atlantic Coast como as crimes
and imposes sanctions established
under Law No.539 published in
Gazette No.225 on the 21 of
November 2003.
THE INDIGENOUS
ARGUE:
1.
That the Law violates their
constitutional rights to administer
local issues according to their
customs and traditions
establihed in Arts. 5 and 89 of the
Political Constitution;
2.
That forces them to close the only
Indigenous company,
ILIMI-NAWÂH, S.A.,
that has worked under approvals and
processed wood for the 16 indigenous
communities that own the company;
3.
That the referred to Law treats
Limi-Nawâh, owned by 16 indigenous
communties like a common forest
extraction company dedicated
to corporate profits, whereas in the
case of Limi-Nawah a major objective
is to generate work in a
Municipality with more than 85%
unemployment, 90% illiteracy and 92%
extreme poor, cas is the case in
Prinzapolka that togehter with
the municpalities of Karawala
and Waspan, the only three
indiginous munipalities in Nicaragua.
4.
They also argue that they are the
owners of the forest resources that
they have defended for centuries
and they know and consider the
application of this law totally
unjust and discriminatory against
them and their company LIMI-NAWAH,
S.A.
5.
That the implementation of this Law
leaves only alternatives to give in
to hunger and despair, the advance
of the agricultural frontier that
brings with it the permanent
destruction of all of the forest and
its biodiversity convertying the
Atalntic Coast into a desert;
6.
The regulation of affairs on the
Atlantic Coast is the responsibility
of the Autonomos Regions of
Nicaragua which is turn is the
responsibility of the Regional
Councils according Arts. 8 and
23 clause 1, of Law No. 28
(Statutes of the Two Autonomous
Regions of
Nicaragua), whose reform is only
possible with a request of the
Regional and National Assemblies,
and atthe level of th National
Assembly the reform requires a
favourable vote from the majority of
the National Deputies according to Art. 181
of the Political Constitution of the
Republic of Nicaragua.
Personal
Grievances Caused by the Imposition
of the Law:
The referred to Law of the
Moratorium
(Law 585 of the 7 June 2006)
causes serious personal harm to
the indigenous community, because:
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Violates our historical customs
and traditions of use, benefit and
enjoyment of the natural resources
that we have on our communal lands
and our collective dominion for
hundreds of years.
-
Violates
my rights of traditional trade
with the nations and people of the
Caribbean that is a right and
custom that i have under Arts.
5, 89, 180
and
181
of the Political Constitution
and in
Art.
8
clause
7
of the actual Law of Autonomy
(Law
No. 28
September 2,
1987).
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Violates my rights to a regimen
of autonomy known
and established
by Arts. 5, 89, 90, 180 y 181
of the Political Constitution of
the Republic of Nicaragua,
and under the Statutes of Autonomy
of the Two Regions of the Atlantic
Coast of Nicaragua.
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Violates my right to work,
commerce and economic, social and
cultural development established
in
Arts. 5, 89, 180 y 181
of the Political Constitution of
the Republic of Nicaragua,
and under the Statutes of Autonomy
of the Two Regions of the Atlantic
Coast of Nicaragua.
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Violates my inherent rights
that have governed my life,
activities and conduct, and that
of my ancestors, from thousands of
years until now on the Atlantic
Coast of Nicaragua.
-
It
criminalizes and sanctions my
customs and traditions.
-
It breaks my ancestral custom to
live in harmony with nature
according to my customs and
traditions.
-
It
ignores my inherent rights with a
forest moratorium for an
indefinite period of period of ten
years.
-
It violates the constitutional
right I have to preserve, defend
and develop my identity according
to my customs and traditions.
-
It threatens to kill the first and
only indigenous company that
exists in the country called
LIMI- NAWÂH, S.A.,
that actually is the only private
company that primarily hires and
trains
indigenous workers
in industry and commerce, etc.
and with the opportunity to
participate in the success of the
country.
-
I and my children are without
income and are hungry as a result
of your activities that have
closed Limi-Nawah which had
operated for more than two years.
COMPANIES THAT ARE
CONNECTED WITH PARTIES TO THE PACT
MAY BENEFIT FROM THE LAW
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The indigenous also point
out that the only companies in the
Atlantic Coast that will benefit
from the implementation of the
Moratorium will be
the
company
MADENSA
from
Puerto Cabezas or
Bilwi,
owned by interests of the
P.L.C.,
and
PRADA (a
Plywood
company)
from
Rosita,
owned by influential members of the
F.S.L.N.
as both companies are involved in
transformation of wood, but problems
with access to raw materials for
processing.
NEW HISTORICAL
LANDMARK
FOR
THE INDIGENOUS COMMUNITY OF
NICARAGUA
It is the first time in the history
of Nicaragua that a case has
occurred in which the indigenous
people have submitted 92 documents
of unconstitutionality
before
the SUPREME COURT OF JUSTICE to
challenge a Law which they describe
as UNCONSTITUTIONAL, UNJUST and
DANGEROUS for their lives,
Communities and Rights.
Ninety
Two separate demands of
Unconstitutionality against Law no.
No.585 called the "LAW OF
PROHIBITION FOR the HARVEST,
APPROVAL AND COMMERCIALIZATION OF
FOREST RESOURCES on the sixth day of
June of 2006, from the
following persons:
SUSAN STAMP, GARNET PONT,
AMADO ALTAMIRANO PENGLAS, ELMA
ISABEL ALTAMIRANO S., SIMON ANDREWS
ROSALES, EDNA ANDREWS, ROSA
ARTOLA MAYRENA, BRADLEY BENDLES
LENCHO, DOMINGO BENDLIS, AMANDA
BENDLIS, DANIEL BENLIS MAYRENA,
GLORIA BENLIS EFRES, JAYME JAVIER
BERRI , NICOLAS BUSTILLO , IRMA
BUSTILLO BENLIS, JOSE ANGEL CAJINA ,
ADELINA CAMPBELL , SANDALLO
CASTELLON PENGLAS, RAFAEL CASTRILLO
ZAMORA, CAROLINA CENTENO , MARINA
CHAVARIA LOPEZ, NEREYDA CHAVARRIA
LOPEZ, ALVARO CHAW DIAZ, MIGELA
CISNERO GRIJALVA, MARITZA COLEMAN
PENGLAS, EFRAIN CONRADO SANCHEZ,
JORGE CRUZ PINEDA, LORENZO DAY ,
SIMON DIAS RIVERA, CANDELARIO
DIXON , DELFINO DIXON , ELISO
DIXON , GABRIEL DONAIRE , SOBEYDA
DONAIRE , CARLOS EMERSON ALTAMIRANO,
CRISENCIO ESCOBAR , ERVIN ESPINOZA
CISNERO, KELLY FLORES LIRA,
ALEJANDRO FLORES , ELIZABETH
FLORES , CENALDA FLORES ESPINOZA,
MANDLINA FRAIZ , MELANIA GARTH ,
ABSALON WASHINGTON MARIANO, JUAN
MARTINEZ PERALTA, ALBERTO MONCADA
ILLIOS, JAVIER OBANDO CASTRO,
EDMUNDO VICENTE OLIVERO OMIER,
ANGELA PAIBA SANCHES, ALBERTO
PAIBA MARTINEZ, MIRIAN PAIVA B,
ALBA PAIZ HERNADEZ, ASUEL PAIZ
HERNANDEZ, JUAN SANTIAGO PAIZ
HERNANDEZ, SANTIAGO PAIZ PEREZ,
ARNULFO PAIZ HERNANDEZ, FILOMENA
PENGLAS WILFRED, SABAS PERALTA
MARTINES, CELISA PERALTA , EUSEBIO
PEREZ W., ZOYLA PEREZ , CELESTINA
PIKITO , ROMY PONT TATE, VICTORINA
POINT , OLIGARIO RABAT WILSON,
DANIEL HERIBERTO RITMAS WASHINGTON,
ELVA RODAS , DENIS RODRIGUEZ ,
CESAR JACOBO RODRIGUEZ , MARIBEL
RODRIGUEZ , FREDDY ROMERO INGRAM,
ELISEO ROSALES RIVERA, ARASELI
RUGAMA , EULALIO RUIZ LOPEZ,
MELCHOR SALOMAN URBINA, ESTEBAN
SANCHEZ , JENYFER FLORINA SANCHEZ ,
LIZANDRO SANDERS , ANDRES SEQUEIRA
DUARTE, HIPOLITO SIMON , SUSANA
SISNERO BANS, MERELING SIVIA
BENDLIS, NORMA SPELLMAN C., ELDA
SUAZO LIRA, EMELDA THOMSON BUSTILLO,
BAYARDO VANAGAS B, EMILSE VANEGAS
WADE, ESTEBAN VANEGAS BENDLIS,
BONIFACIO VARGAS SEQUERIA, JULIO
WADEZ ZÚÑIGA, WILLIAM WALTER ,
CRISTINO WILSON SAMUEL
were presented to the Supreme Court
of Justice by
DR.
OWYN E. HODGSON BLANDFORD,
during the months of June and August
of the present year.
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