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Freedom, justice, respect for the dignity of the human person, political, social, and
ethnic pluralism, recognition of the various forms of property, free international
cooperation and respect for free self-determination are principles of the Nicaraguan
nation.
[…]
The State recognizes the existence of the indigenous peoples, who have the rights,
duties and guarantees set forth in the Constitution, and especially those of maintaining
and developing their identity and culture, having their own forms of social organization
and managing their local affairs, as well as maintaining communal forms of ownership of
their lands, and also the use and enjoyment of those lands, in accordance with the law.
An autonomous regime is established in the [...] Constitution for the communities of the
Atlantic Coast.
The various forms of property: public, private, associative, cooperative, and
communitarian, must be guaranteed and promoted with no discrimination, to produce
wealth, and all of them while functioning freely must carry out a social function.
117.
Article 89 of the Constitution further states that:
The Communities of the Atlantic Coast are an inseparable part of the Nicaraguan people,
and as such they have the same rights and the same obligations.
The Communities of the Atlantic Coast have the right to maintain and develop their
cultural identity within national unity; to have their own forms of social organization and
to manage their local affairs according to their traditions.
The State recognizes the communal forms of land ownership of the Community of the
Atlantic Coast. It also recognizes the use and enjoyment of the waters and forests on
their communal lands.
118.
Article 180 of said Constitution states that:
The Communities of the Atlantic Coast have the right to live and develop under the
forms of social organization which correspond to their historical and cultural traditions.
The State guarantees these communities the enjoyment of their natural resources, the
effectiveness of their communal forms of property and free election of their authorities
and representatives.
It also guarantees preservation of their cultures and languages, religions and customs.
119. Law No. 28, published on October 30, 1987 in La Gaceta No. 238, Official
Gazette of the Republic of Nicaragua, regulated the Autonomy Statute of the Regions
of the Atlantic Coast of Nicaragua. In this connection, it established that:
Art. 4. The Regions inhabited by the Communities of the Atlantic Coast enjoy, within
the unity of the Nicaraguan State, an Autonomous Regime which guarantees effective
exercise of their historical and other rights, set forth in the Constitution.
[…]
Art. 9. Rational use of the mining, forestry, fishing, and other natural resources of the
Autonomous Regions will recognize the property rights to their communal lands, and
must benefit their inhabitants in a just proportion through agreements between the
Regional Government and the Central Government.