70 b) traditional patterns of use and occupation of territory by the indigenous communities of the Atlantic Coast of Nicaragua generate customary law property systems, they are property rights created by indigenous customary law norms and practices which must be protected, and they qualify as property rights protected by article 21 of the Convention. Non-recognition of the equality of property rights based on indigenous tradition is contrary to the principle of non-discrimination set forth in article 1(1) of the Convention; c) the Constitution of Nicaragua and the Autonomy Statute of the Regions of the Atlantic Coast of Nicaragua recognize property rights whose origin is found in the customary law system of land tenure which has traditionally existed in the indigenous communities of the Atlantic Coast. Furthermore, the rights of the Community are protected by the American Convention and by provisions set forth in other international conventions to which Nicaragua is a party; d) there is an international customary international law norm which affirms the rights of indigenous peoples to their traditional lands; e) the State has neither demarcated nor titled the indigenous lands of the Awas Tingni Community nor has it taken other effective measures to ensure the property rights of the Community to its ancestral lands and natural resources; f) the life of the members of the Community fundamentally depends on agriculture, hunting and fishing in areas near their villages. The Community’s relations to its land and resources are protected by other rights set forth in the American Convention, such as the right to life, honor, and dignity, freedom of conscience and religion, freedom of association, rights of the family, and freedom of movement and residence; g) the National Commission for the Demarcation of the Lands of the Indigenous Communities of the Atlantic Coast, created for the purpose of preparing a “Demarcation Project”, has not contributed to establishing a mechanism for demarcation of the lands of indigenous peoples with their full participation; h) most inhabitants of Awas Tingni arrived during the 1940s to the place where they have their main residence, having come from their former ancestral place: Tuburús. There was a movement from one place to another within their ancestral territory; the Mayagna ancestors were here since immemorial times; i) there are lands that have traditionally been shared by Awas Tingni and other communities. The concept of property can consist of co-ownership or in access and use rights, according to the customs of indigenous communities of the Atlantic Coast; j) the State breached article 21 of the Convention by granting the SOLCARSA corporation a logging concession on lands traditionally occupied by the Community, a concession which endangered the enjoyment of the rights of the indigenous communities, and by considering all lands not registered under formal title deed to be State lands;

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