ADVANCES IN THE RIGHTS OF INDIGENOUS AND AFRO-DESCENDANT PEOPLES
CARIBBEAN COAST OF NICARAGUA
The Indigenous Peoples (Miskito, Mayagna, Ulwa and Rama) and Afro-descendant Peoples (Creoles and Garifuna) of Nicaragua live primarily in two Autonomous Regions of the Caribbean coast and a Special Development Zone in the Upper Wangki-Bocay region.
Before the Sandinista Revolution of 1979, the Indigenous and Afro-descendant Peoples of the Nicaraguan Caribbean Coast were excluded from the social, economic, and political life of the country, isolated from the rest of the nation by a lack of communication routes and without a real and effective presence of state institutions, which left this population in total neglect.
The forms of exploitation generated by the extractive model of the economic enclaves inherited from the colonial and neo-colonial periods created the deepest conditions of misery and poverty, which, combined with exclusion, produced the most deplorable economic and social indicators in the country.
The Sandinista Popular Revolution, between 1979 and 1990, brought about a structural transformation based on the recognition of the ancestral rights of the indigenous and Afro-descendant population. The new Political Constitution, approved in January 1987, included respect for their cultural identity, languages, and customs.
The constitutional recognition of the ancestral rights of the Indigenous and Afro-descendant population was more precisely expressed in the Statute of Autonomy, approved in October 1987. This statute provides the framework for the real inclusion of this population, allowing, for the first time in history, their full participation in the political, economic, and social life of the country and the effective recognition of their rights. These rights include communal land tenure, effective representation in national political life, and recognition of the unique forms of organization of each people and community, laying the foundation for the full development of their well-being, with full respect from the State for their cultural identity, traditions, and customs.
During the last 18 years, the Sandinista Good Government has expanded these rights, facilitated greater participation and leadership at the communal, regional, and national levels, generating greater well-being for the Indigenous and Afro-descendant population living in the Autonomous Regions of the Caribbean of Nicaragua. This has reduced poverty, eradicated exclusion and destitution, and strengthened inclusion and national unity.
I. Legal Framework. Recognition of Rights
Nicaragua has one of the most advanced legal frameworks in the world regarding the effective recognition of the rights of Indigenous and Afro-descendant peoples.
The Political Constitution of the Republic recognizes the right of Indigenous and Afro-descendant peoples to live and develop according to their own forms of social, cultural, and political organization, as well as respect for their communal lands.
The Law of Autonomy of the Caribbean Coast Regions of Nicaragua, which has Constitutional Status, guarantees the effective participation of Indigenous and Afro-descendant peoples in the management of their own affairs.
A set of specific laws, such as the Law on Land Demarcation and Titling, the Law on Languages, the General Law on Education (which incorporates the Regional Autonomous Education System), the General Law on Health (which incorporates the Health System with an Intercultural Approach and recognizes Traditional and Ancestral Medicine), and the Decree Creating the Alto Wangki-Bocay Special Development Region, form part of the National and Regional Legal Framework that promotes the specific rights of the indigenous and Afro-descendant communities of the Nicaraguan Caribbean.
A constitutional provision establishes that no project that develops in, or affects, the territory or indigenous and Afro-descendant communities can be implemented without the express approval of the Regional Autonomous Institutions (Communal, Territorial, and Regional Governments).
All these legal instruments define the multiethnic, multilingual, and multicultural character of the State of Nicaragua. They allow Nicaragua not only to recognize its diversity, but also to transform it into a strength for development, social peace, and governance, consolidating a unitary, inclusive state with its own identity.
Additionally, the State of Nicaragua has ratified international conventions such as the United Nations Declaration on the Rights of Indigenous Peoples, ILO Convention 169, and the United Nations 2030 Agenda, which strengthen the national legal framework.
II. Strengthening the Autonomy Regime. Land Titling and Legal Security
The approval of the Autonomy Regime represented an unprecedented step by the Republic of Nicaragua in recognizing the ancestral rights of its indigenous and Afro-descendant populations.
The Autonomy Law outlines a regionally governed institutional framework based on two Autonomous Regional Councils, elected in 30 electoral districts. These councils reflect the cultural and ethnic characteristics of each district, ensuring the representation of each Indigenous and Afro-descendant community in the composition of each Regional Parliament.
The Autonomy Law defines and regulates the relationship between the National Government and the Autonomous Institutions, outlining the rights and obligations of each party.
The Land Demarcation and Titling Law defines the relationship between the National Government and the Regional, Communal, and Territorial Governments with respect to ancestral territorial rights.
Starting in 2007, the Sandinista Government gave extraordinary impetus to the land demarcation and titling process, titling 37,000 km² in 23 Indigenous and Afro-descendant Territories—a global milestone, as it has granted titles to nearly 30% of the national territory in favor of Indigenous and Afro-descendant peoples.
The Autonomous Regional, Territorial, and Communal Governments, together with the National State Institutions, have established a coordination and collaboration mechanism on matters related to participation in education, health, transportation, natural resource management, citizen security, food security, and human security, strengthening the fight against poverty and the recognition of ancestral rights.
These coordination and collaboration mechanisms also strengthen the free, prior, and informed consent process regarding proposals from the National Government within and concerning the territories and communities.
III. Promoting Well-Being. Reducing the Historical Gap.
a. Road Infrastructure. The End of Historical Isolation
Until 2007, the Nicaraguan Caribbean region had only 68 km of paved roads. Neither of the two regional capitals had reliable land connectivity with the rest of the country, nor did the vast majority of the municipalities in these regions.
Since 2007, the Sandinista government has built more than 700 km of concrete roads, connecting all municipalities, except those that are islands, to the rest of the country by land.
The construction of concrete roads and more than 50 bridges over the last eight years has united both regional capitals with the rest of the country, ending the historical physical separation and promoting trade, production, safe movement for families, and access to more and better public and private services.
This investment in road infrastructure has been accompanied by investments in dignified means of transportation, which did not previously exist, improving the safety and quality of transportation services for the indigenous and Afro-descendant populations.
The historic advances in land connectivity have also been accompanied by significant investment in improving air connectivity through the airports of Bilwi, Bluefields, and Corn Island, and water connectivity through the ports of Rama and Bluff, as well as the improvement of small community docks through the Community Dock Improvement Program.
The start of construction on the Caribbean Deepwater Port, which, together with the recently built concrete highway, will finally allow Nicaraguans access to major markets in North America, Europe, the Caribbean, and other regions of the world.
b. Electrification, Water, and Sanitation.
Until 2007, only 25% of the population in the Caribbean Regions had access to electricity, exclusively in the regional capitals and some municipalities, with irregular service from isolated power plants. Currently, electricity coverage has reached 99.5%.
Telecommunications, practically nonexistent, have expanded to all municipalities, territories, and communities in the regions, thanks to the construction of more than 2,800 km of fiber optic cable and the availability of cell phone service in all municipalities.
A notable advance has been access to water and sanitation for populations settled in the regional and municipal capitals, which was nonexistent before 2007.
c. Intercultural Health
One of the greatest advances in the well-being of families in the Regions has been free access to healthcare through the Family and Community Health Model. This model recognizes, respects, and incorporates the ancestral knowledge of traditional medicine, practiced by traditional healers, midwives, and volunteer collaborators from Indigenous and Afro-descendant communities. Together with nurses, general practitioners, and specialists, along with health brigades, health fairs, and mobile clinics, they guarantee the permanent presence of free healthcare services in all territories and communities.
Additionally, a mechanism for the continuous training of human resources specific to Indigenous and Afro-descendant territories has been established. Infrastructure and equipment have been strengthened with state-of-the-art technology to provide comprehensive care within the health services.
Health posts, primary hospitals, and maternity homes with their respective medical and nursing staff have been built and improved in all municipalities of the regions, as well as in communities where they previously did not exist.
Health posts, primary hospitals, and maternity homes with their respective medical and nursing staff have been built and improved in all municipalities of the regions, as well as in communities where they previously did not exist.
The construction of the new 220-bed Regional Hospital in the city of Bilwi represents the largest hospital in the Caribbean of Central America, offering 19 specialties and all necessary medical services. This reality clearly breaks with a past of exclusion, poverty, and absence of the State.
d. Intercultural Education and Community Universities.
In 1979, illiteracy in the Caribbean Regions reached an average of 75%, reaching up to 90% in some areas. The Sandinista Revolution carried out the National Literacy Campaign in 1980, and Literacy in Native Languages, reducing it to the national average of less than 10%. Starting in 2007, the Sandinista government promoted the Regional Autonomous Education System (SEAR), an educational system specific to the Autonomous Regions that guarantees education in native languages, intercultural teacher training, cultural preservation, and identity. SEAR includes the improvement and construction of educational centers, and the provision of technology and basic services within their facilities.
Nicaragua has defined interculturality in education as a cross-cutting theme for the entire National Education System, not just for the Autonomous Regions, allowing for the incorporation of ancestral knowledge and cultural traditions into national educational processes.
Nicaragua has established two Intercultural Community Universities of Higher Education, URACCAN and BICU, with state funding, which have been key in the training of Indigenous and Afro-descendant professionals.
Currently, the Universities have expanded their coverage areas with the implementation of rural universities, establishing a professional training process in most Indigenous and Afro-descendant territories.
The National Technological Institute has established schools for technical training in both Autonomous Regions.
There are two Intercultural Teacher Training Schools, one in each region, which strengthen the languages and cultural identity of the indigenous peoples.
IV. Production, Consumption, and Trade System of the Indigenous Peoples of the Nicaraguan Caribbean
Over the past 15 years, the Sandinista Government has developed a series of agro-food projects in these territories to support food security and the economic capacity of the communities, which are threatened by climate change, creating adverse conditions for food production.
A central tenet of the new economic and productive landscape for Indigenous and Afro-descendant communities is the legal framework that ensures the reasonable and sustainable use of natural resources for the benefit of these communities. This framework recognizes that Indigenous and Afro-descendant peoples have the right to manage their natural resources and that 25% of the taxes generated from their use are returned directly to these communities. It also guarantees that all forestry permits in their communities are issued in their favor.
In the fishing sector, the three-mile zone along the coast, as well as the cays and islands, is designated for the exclusive use of artisanal fishing, directly benefiting Indigenous and Afro-descendant communities.
For the approval of any matter concerning the use of natural resources in Indigenous and Afro-descendant territories, the State of Nicaragua has established that the free, prior, and informed consent of the corresponding community and territory must be obtained.
In the area of Environment, various strategies have been established for the management of Reserve and Conservation areas of the territories of the native and Afro-descendant peoples, including the Biosphere Reserves or Natural Reserves Cayos Miskitus, Bosawas, Indio Maíz and Wawashang, which are managed through a joint management mechanism between the National State and the Indigenous and Afro-descendant Territories.
V. Strengthening Cultural and Recreational Identity
As we have reiterated previously, prior to the 1979 Revolution, Indigenous and Afro-descendant peoples lived in extreme exclusion, rendered invisible in national life and subjected to abject poverty and misery.
A significant advance in recent years has been the cultural revitalization and the sense of pride and belonging that members of these communities have developed toward their cultural heritage.
The legal recognition of their rights, economic empowerment, food security, and especially communal land ownership, have provided favorable conditions for these communities to live, preserve, and flourish their cultural identity.
Internationally, Garifuna culture has been recognized by UNESCO as an Intangible Cultural Heritage of Humanity. In addition, the State of Nicaragua, through the National Assembly and the Regional Autonomous Councils, has recognized the culture, traditions, and languages of all Indigenous and Afro-descendant peoples as National Heritage.
The Sandinista Government has placed special emphasis on the construction and improvement of sports, cultural, and recreational infrastructure in all municipalities, fostering and promoting healthy recreation for its population.
VI. Conclusions
Nicaragua has one of the most advanced legal frameworks in the world for the recognition of the rights of its Indigenous and Afro-descendant peoples.
It has a Human Development Strategy that includes and promotes the well-being of this population and has reversed its historical exclusion and poverty. The Development Strategy for Nicaragua's Caribbean Coast focuses on a comprehensive, sustainable, and autonomous human development model, centered on the restitution of rights, poverty reduction, and the strengthening of the cultural identity of Indigenous and Afro-descendant peoples.
Nicaraguan legislation recognizes the multicultural, multiethnic, and multilingual nature of the State of Nicaragua, reaffirming its commitment to the historical rights of Indigenous and Afro-descendant peoples, and promoting a development model based on identity, equity, and social justice, in harmony with the principles of the international system.
We have successfully integrated the historical rights of the Indigenous and Afro-descendant population with their aspirations for well-being and progress, creating conditions for a life of peace and harmony with the full enjoyment of their resources and rights.
Thank you very much!