BLUEFIELDS BLACK- CREOLE INDIGENOUS
GOVERNMENT
BLUEFIELDS CREOLE COMMUNAL GOVERNMENT
GENERAL PRESENTATION OF THE
COMMUNAL GOVERNMENT
BLUEFIELDS AUGUST 2012
PRESENTATION
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In the past, on the Atlantic Coast of Nicaragua existed different forms of expressions of selfgovernment, addressed to conduct the development of communities, however these
structures even having a legal and judicial base, were not supported by social, political and
economical sectors of the region. Also the constant pressure of the government of Nicaragua
and the lack of interest to comply with international and bilateral agreement did not permit
the people of the Atlantic Coast to achieve a healthy life style.
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Since the approval of the 28 Law (Autonomous Law, 1987) and the Law 445 (Territorial and
Demarcation Law) in 2003 , the organization of the communal government and people
became a moral and historical obligation for the indigenous and ethnical communities to
conduct, develop and help direct a better life style for the people.
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It is proven that a plan not based on the will of the community will not be a functional plan.
For this, the Communal Assemble in coordination with the Directive Board have identified
enough elements to construct and strengthen the Communal Government of the Black Creole
Communities of Bluefields through different workshops organized for this purpose.
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For the Black Creole community of Bluefields the responsibility to organize this task was
established through the Directive Board, identifying the objectives of the Communal
Government with the participation of all people that knows the history and reality of our
community and who wants to participate in this process for the benefit of our future
generation.
LEGAL FUNDAMENTS FOR LAND CLAIM
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Mosquito Kingdom (1630-1843)
English Protectorate (1843-1860)
Managua Treaty (Incorporation of the Mosquito Coast (1860-1894)
Arbitration of the Emperador of Austria (1881)
Moskitia Convention (1894)
Harrison-Altamirano Treaty (1905)
Executive decree that gives rights to creole to get benefit to the land
as indigenous (1933)
Nicaragua Political Constitution (1985, 1997)
Autonomy Law (1987) and its regulation in 2003
Demarcation Law (2003)
UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS
PEOPLES (2007)
OIT (Convention No. 169) from 1989 and approved by Nicaragua
Government in 2010
LEGAL FUNDAMENTS FOR LAND CLAIM
• Evidences of the existence of the Moskitia:
– Nicaragua Constitution 1834
• Nicaragua was constituted by the parties of Nicaragua, Masaya,
Subtiava, Segovias, Matagalpa, Managua, León, Granada y
Realejo. The Moskitia was not part of Nicaragua
constitution.
– Convention between the Commission of the Sovereign
State of Nicaragua and the principal Moskito Coast Chief.
• Agreed to give security to by passers through their territory.
LEGAL FUNDAMENTS FOR LAND CLAIM
– Managua Treaty, where it is recognize the sovereignty
and territory through municipal constitution
• This includes the acceptance of the Moskitia Sovereignty and
the willfully integration to the State of Nicaragua
• The Treaty between England and Nicaragua recognizes the
Sovereignty of the Moskitia.
– Clayton-Bulwer Treaty
• United States and England compromise not to colonize and take
over Nicaragua, Costa Rica, la Moskitia and any parts of Central
America.
LEGAL FUNDAMENTS FOR LAND CLAIM
– (Austria’s Emperor Mediation Agreement)
– Laudo Arbitral del Emperador de Austria
• Recognizes sovereignty over natural resources concessions to
the Government of the Moskitia
• Free Trade
• Rent to the State of the Moskitia
• Rights to hoist their own flag
– Reincorporation Decree
• Military occupation of Bluefields (pretext of war with Honduras).
• Arguments: separatism, independence
• Violation of Uti possidetis juris principle
• Elimination by force of the Miskito government
LEGAL FUNDAMENTS FOR LAND CLAIM
– Moskitia Conventión
• Recognizes the free determination of the indigenous
people to incorporate to Nicaragua
• Recognizes the Moskitia as subjects to International
Rights
• Recognizes the self determination of indigenous
people within the frame of special rights
– Harrison-Altamirano Treaty
• Evidence that the incorporation doesn't give rights of
the property to the State of Nicaragua
• Emphasizes the titling of the indigenous communities
• Contradicts the International Rights
LEGAL FUNDAMENTS FOR LAND CLAIM
– Second Moskitia Convention
• Recovery of sovereignty / pacta sunt servanda
• Re-establishment of the Moskitia in equal political and judicial
level with the State of Nicaragua.
• Approval of Supreme Norms and Precepts of the Communal
Moskitia Nation
• Strategy to certify the territory
– Acceptance of the Laudo Arbitral
– Demand to the State of Nicaragua
– Interpretation of the Moskitia Convention on to the National
Assembly
– Letter address to the president demanding respect to these rights
– Demand to the Central American Court of Justice to interpret the
Laudo arbitral.
LEGAL FUNDAMENTS FOR LAND CLAIM
– Legislative Decree that acknowledge property
rights of the afro-descendants communities of
Bluefields and recognizes them also as
indigenous (1919).
– Political Constitution of Nicaragua.
• Articles (Artos): 5, 8, 11, 89, 90, 107, 121, 180,
Recognize our rights as a people over our ethnic
background, language, education, land, and
resources.
LEGAL FUNDAMENTS FOR LAND CLAIM
Autonomy Law 28
Since 1894 we have struggled for our autonomy as we
were living before. Its approval has served as:
• Mechanism to end the war
• Recognition of special rights to the indigenous and afrodescendant people
• Creation of Regional Authorities
• Self Government
• Limitations:
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Doesn't recognizes historical rights and treaty
Stealing the incomes from goods produced in the territory
No control of the natural resources by the indigenous people
No free trade
No recognition to the rights to hoist historical flag
No recognition of territorial jurisdiction (See Polanco Map)
No recognition of traditional authorities (versus parties)
No implementation of Special Funds for the development of the
Atlantic Coast
LEGAL FUNDAMENTS FOR LAND CLAIM
DEMARCATION LAW 445 (considerations and articles):
• It is the ineludible commitment of the State of Nicaragua to respond to
the claim for the titling of the Lands and territories of the indigenous
peoples and ethnic communities of the former Mosquitia of Nicaragua.
• Arts. 3: Ethnic and Indigenous Territory: Is the geographic area
covering the entire habitat of a group of indigenous or ethnic
communities to integrate a territorial unit, where they develop in
accordance with their customs and traditions.
• Arts. 24: The State recognizes the rights of the indigenous and ethnic
communities over the lands that they traditionally occupy. Likewise, it
recognizes and guaranties the inalienability, inprescriptibility and the
inability to embargo the land
LEGAL FUNDAMENTS FOR LAND CLAIM
• Arts. 29: The right of ownership over the communal land belongs
collectively to the indigenous and ethnic communities. The members
of the communities or group of communities have the rights of
occupation and usufruct, according to the traditional forms of tenure
of communal property.
• Arts. 31: The Government of the Republic, the Autonomous Regions
and the Municipalities shall respect the rights over the communal
lands that they have traditionally occupied, as well as the rights
over the natural resources, that the indigenous peoples and ethnic
communities have traditionally exploited.
LEGAL FUNDAMENTS FOR LAND CLAIM
Adoption of the text of THE UNITED NATIONS DECLARATION ON THE
RIGHTS OF INDIGENOUS PEOPLES
Considerations:
• That indigenous peoples have suffered from historic injustices as a
result of their colonization and dispossession of their lands,
territories and resources, thus preventing them from exercising, in
particular, their right to development in accordance with their own
needs and interests.
• That treaties, agreements and other constructive arrangements, and
the relationship they represent, are the basis for strengthened
partnership between indigenous peoples and States.
LEGAL FUNDAMENTS FOR LAND CLAIM
• Arts. 26: Indigenous peoples have the right to the lands, territories and
resources which they have traditionally owned, occupied, or otherwise
used or acquired. States shall give legal recognition and protection to
these lands, territories and resources.
• Arts. 27: States shall established and implement, in conjunction with
indigenous peoples concerned a fair, independent, impartial, open and
transparent process giving due recognition to indigenous peoples laws,
traditions, customs and land tenure systems, to recognize and
adjudicate the rights of indigenous peoples pertaining to their lands,
territories and resources. Indigenous peoples shall have the rights to
participate in this process.
• Arts. 28: Indigenous peoples have the rights to redress, by means that
can include restitution or when this is not possible, just, fair and
equitable compensation, for the lands, territories and resources which
they have traditionally owned.
HISTORICAL CLAIM
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MOSQUITO COAST PEOPLE OF NICARAGUA
– According to anthropologist the first inhabitants of the Mosquito Coast is dated
from about 6000 years.
– Other evidences are dated from 2500 and 1000 years back
– Indigenous presence in Coco river, Prinzapolka (Prinzu Awala), Escondido,
Matagalpa, San Juan del Sur, Punta Gorda and Corn Island
– Miskitos, (Matagalpas), Ulwas, Sumu, Kukras, Ramas
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PRESENCE OF BLACK PEOPLE ON THE MOSQUITO COAST
– 1640 the mosquitos related about a shipwreck happen around Cape Gracias a
Dios containing African slaves
– Africans began to interrelate with the mosquito creating the Zambos-mosquitos
(mixture of Miskito and black), they later became Miskitos. Bishop John Wilson
– 1840 Creoles that were born from European and black that also came from
Jamaica, Cayman Island and other Caribbean Island
– 1860-1880 Garifunas originated from Saint Vincent Island and born from a
mixture of African and Indian
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RECOGNITION OF BLACK PEOPLE RIGHTS ON THE MOSQUITO COAST
– Executive decree of the year 1933 that reforms the Law from the March 4, 1919
(Legislative Decree that gives property to the people of the former Mosquito
Reserve actually called Zelaya Department), that stated that the word
indigenous is also applied to the creoles Art. 1
COMPROMISE OF ACTUAL CENTRAL GOVERNMENT
• AGREEMENT BETWEEN POLITICAL PARTIES (YATAMA-FSLN )
– Agreement No. 1 Continuation of Territorial Demarcation of
indigenous and afro-descendants based on the Law No. 445 and the
sentence of the CIDH about the Awas Tingni Case assuring the
participation of the actors and beneficiaries to full conclusion, which
means reactivating CONADETI and the CIDT, and titling the
territories to the communities.
– Agreement No. 2 Reform of the Autonomy Statute and its
regulation in order to adjust its context according to historical rights
of the people and their communities.
– Agreement No. 3 Reform of the Electoral Law to include
resolutions of the International Human Rights Court (CIDH) of the
Organization of American States (OEA) that guarantee real
participation and representation of indigenous and afrodescendant
people.
– Agreement No. 6 Detention of Agricultural Border to avoid the
destruction of the forest and the reaping of natural resources of the
Autonomous regions
ORGANIZATION OF THE BLACK – CREOLE
INDIGENOUS GOVERNMENT
• CONSTITUTION OF NICARAGUA
– Art. 8,11,49,89,90,91,121,180 181 establishes all rights for the Coast People
and the recognition that Nicaragua is a multiethnic and pluricultural country with
rights to organize freely in their traditional forms.
• LAW 28
– Art. 11.4 Rights of the people ”to develop freely their social and productive
organization according to their own values.”
• LAW 445
– Art. 4. The communal Assembly constitutes the maximum authority of the
indigenous and ethnic communities.
– Art. 5. Communal Authorities are traditional government and administrative
bodies representing the communities that elected them in accordance with their
customs
– Art. 6 Election, reelections, dismissals from office, and mandate periods of the
communal and territorial authorities, shall be carried out according to the
traditional procedures and customs of the indigenous communities and ethnic
communities.
ORGANIZATION OF CREOLE COMMUNAL GOVERNMENT OF
BLUEFIELDS
• 1914 CREOLES AND AFRODESCENDANT OF BLUEFIELDS PRESENTED A CLAIM TO
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COLECTIVE RIGHTS TO THE LAND TO THE CHALKLEY TITILING COMMISION
1933 CREOLE COMMUNITY OF BLUEFIELDS GOT RIGHTS TO CLAIM AS
INDIGENOUS PEOPLE
1935 HORATIO HODGSON MEMORIAL THAT CRY OUT FOR THE RIGHTS OF THE
PEOPLE OF THE ATLANTIC COAST
IN 1997 CREOLES ONCE MORE ORGANIZE TO CLAIM THE LAND BY DIFFERENT
STUDIES DONE BY CARC (CENTRAL AMERICAN RESEARCH CENTER)
INSTALATION OF FIRST CREOLE COMMUNAL GOVERNMET OF BLUEFIELDS –
SEPTEMBER 2003 AT THE MORAVIAN GYM IN BLUEFIELDS NICARAGUA
COMMUNAL ASSEMBLE TO RESTRUCTURE COMMUNAL GOVERNMENT OF
BLUEFIELDS IN JUNE 2005 – MORAVIAN GYM
COMMUNAL ASSEMBLE TO RATIFY CREOLE LAND CLAIM- 2006, 2007, 2008, 2009
COMMUNAL ASSEMBLE FOR ELECTION OF NEW COMMUNAL GOVERNMENT OF
BLUEFIELDS –DECEMBER 2009 – FOR THE PERIOD 2010-2014
HIERARCHY STRUCTURE OF GOVERNMENTS IN
NICARAGUA
Political Constitution of the Republic of Nicaragua
Executive Power
National Assemble
Regional Autonomous Councils
Directive Board
Municipal Government
Coordinators of Regional Governments
Communal Government
HIERARCHY STRUCTURE OF THE COMMUNAL
GOVERNMENT
Communal Assemble
Advisors
Communal Judge
Legal Representative
Directive Board
Enviormental an Nat. Resource Commission
Social and Cultural Commission
Communication Commission
Electoral Commission
Finantial Commission
Infrastructure Commission
Demarcation and Titling Commission
Board of Elders
• VISION:
– The Black Creole Indigenous people of Bluefields is
the rector of the development on the Atlantic Coast of
Nicaragua, with a high sense of self-esteem, respect
to all people, with responsibility, economical and
political power, with a high civic value and
administration, to conserve their natural and human
resources in a sustainable manner for the welfare of
the present and future generations.
• MISSION:
- To better the quality and the life of Black Creole
Indigenous people of Bluefields to better the human
development of its people, throughout demarcation of
their land, the conservation of natural resources and
motivating citizen participation for local development.
GENERAL OBJECTIVE OF THE BLUEFIELDS BLACK –
CREOLE INDIGENOUS GOVERNMENT
• Principal Objectives:
– Rescue the cultural, patrimonial, identity and customs
through creation of awareness, to serve as instrument of
development for the community through socio
economical programs and projects identified by the
necessity of the people and to consolidate the autonomic
process.
– Recover the communal territory of the Black Creole
Indigenous community of Bluefields for sustainable
development.
SPECIFIC OBJECTIVES CONT..
• Rescue and promote the identity of the Black Creole Community
of Bluefields through educational programs that promotes respect
and welfare of the development of professional and to insert at all
levels of education the obligatory subject of the Autonomy Law
and Demarcation Law.
• Recover the customs and traditions of the Black and Creole
community of Bluefields in order to preserve our real identity and
maintain respect before national and international public opinion
• Recover the patrimony of the Black Creole Indigenous people of
Bluefields to convert it in a source of employment.
• Integrate all the people of the Black and Creole Ethnic community
in and out of the country in order to create the unity of all people.
SPECIFIC OBJECTIVES CONT..
• Foment the interrelation with other ethnic people and
indigenous communities abroad and to other regions in the
country.
• Consolidate formal relationship with communal, municipal,
regional, national and international authorities for the welfare
of the Black Creole Indigenous Communal Government of
Bluefields.
• Organization of commissions to spare lead programs and
projects that will serve to develop the productive potential in
the territories that belongs to the Black Creole Community of
Bluefields
PRINCIPAL ACHIEVEMENTS
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Political recognition of the Black Creole Indigenous government at all levels (municipal, regional,
national international)
Organization of Neighbourhood DB, Commissions, Board of elders
Participation in public matters
Election of representative to CONADETI/CIDT
Establishment of office with equipment
Elaborated the By laws of the Communal Government
Electoral procedures elaborated
Organization of Corn Island Communal Government
Territorial Claim presented (2005) and admitted (2010) by the CIDT
Organization of ordinary and extraordinary assembles
Election of Communal representatives to the General Assemble
Black Creole CENSUS
Meeting with World Bank and MTI concerning the Highway
Lobbying for the 25% established by Law 445 to the Communal Government
Meeting with the National Assemble Commission concerning the proposed Coastal Law.
Meeting with the all communal and territorial governments
Meeting with the Rama and Spanish speaking population at the south of Bluefields
Meeting with BICU Indigenous and Creole Students
Coordination with the Black Creole of the RAAN
Organization a technical team towards the process of demarcation and titling
Support of advisors towards the Communal Government
Meeting with the General Ombudsman (Procurador General de Derechos Humanos)
Meetings with various national and international consultants around rights to land claim
Presentation of claim to various municipalities and Municipal Council in the SAAR
Defense of the regional territory in Rama Municipality
CHALLENGES
• Demarcation and Titling of the communal land claimed by the
Communal Government and ratified by the assemble.
• Promote a guide of good living and respect among all people living on
the creole territory of Bluefields (guia de convivencia)
• Rescue the cultural, patrimonial, tradition, customs and identity creating
awareness in order to develop the community
• Increase the participation of Black Creole people in the strengthening of
the communal structures, commissions and government
• Elaborate a plan for integral development (social, economical, productive
and political) for Black creole indigenous people for Bluefields
• Strengthen autonomical process
Bluefieldsrights.wordpress.com
• Contact us: bluecreolegov@gmail.com
• THANK YOU!