59 years, with its duty according to the American Convention, nor to consider that the untitled indigenous lands are State lands, nor to grant concessions to foreign firms on those lands. Even after the State undertook the commitment, in its “1986 Constitution”, to guarantee communal property of the indigenous communities, a long period has gone by without this being actually carried out in connection with Awas Tingni and many other indigenous communities; j) the representatives of Awas Tingni have taken several steps in connection with titling of their lands, addressing the State authorities which have had any relevant competence, including INRA, the institution which was indicated by Nicaragua as the authority which had the power to grant title deed to the indigenous communal lands. On the other hand, according to the tripartite contract signed by the Community, MARENA and MADENSA, MARENA undertook a commitment to provisionally recognize property rights of the Community over the forestry management area and to facilitate a titling process in favor of the Community. However, MARENA did not fulfill this commitment. Furthermore, in March, 1996 the Community submitted a titling request to the Regional Council of the RAAN, but never received a reply, and instead the following year the Council authorized the concession to the SOLCARSA corporation without having consulted with the Community. Finally, the Community met with the President of Nicaragua in February, 1997, to object to the concession and request his aid for those same goals; however, that meeting did not generate any concrete act for the benefit of the Community. k) in promoting the concession to SOLCARSA, the State did not take into account the Community and its traditional land tenure; Nicaragua considered the area of the concession to be State lands; l) the Community has no formal title nor any other instrument recognizing its right to the land where they live and where their cultural and subsistence activities take place, even though it has been requesting it from the State for years. Since 1987, Nicaragua has granted no title deeds at all to indigenous communities. The situation of the Community has continued despite efforts made since 1991 to attain demarcation and titling of their traditional land. The State has been negligent and arbitrary in the face of the titling requests by the Community; m) the principle of estoppel does not allow the State to argue that the Community has no legitimate claim based on traditional or historic land tenure, since that allegation is contrary to positions maintained by the State before the Commission and before the Community on several occasions; n) for indigenous peoples, access to a simple, rapid, and effective legal remedy is especially important in connection with the enjoyment of their human rights, given the conditions of vulnerability under which they normally find themselves for historical reasons and due to their current social circumstances. In this case, article 25 of the Convention was breached in three ways: unjustified delay in court proceedings; rejection of the remedies filed by the Community, and non-enforcement of the judgment that declared the concession to be unconstitutional; and

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