3
10.
The concern with the element of conservation reflects a cultural manifestation of
the integration of the human being with nature and the world wherein he lives. This
integration, we believe, is projected into both space and time, as we relate ourselves,
in space, with the natural system of which we are part and that we ought to treat with
care, and, in time, with other generations (past and future)6, in respect of which we
have obligations.
11.
Cultural manifestations of the kind form, in their turn, the substratum of the
juridical norms which ought to govern the relations of the community members inter se
and with their goods. As timely recalled by the present Judgment of the Court, the
Political Constitution in force of Nicaragua itself provides about the preservation and
the development of the cultural identity (in the national unity), and the proper forms of
social organization of the indigenous peoples, as well as the maintenance of the
communal forms of property of their lands and the enjoyment, use and benefit of them
(Article 5)7.
12.
These forms of cultural manifestation and social self-organization have, in this
way, materialized, with the passing of time, into juridical norms and into case-law, at
both international and national levels. This is not the first time that the Inter-American
Court has kept in mind the cultural practices of collectivities. In the case of Aloeboetoe
and Others versus Suriname (Reparations, Judgment of 10.09.1993), the Court took
into account, in the determination of the amount of reparations to the relatives of the
victims, the customary law itself of the maroon community (the saramacas, - to which
the victims belonged), where poligamy prevailed, so as to extend the amount of the
reparations for damages to the several widows and their sons8.
13.
In the case of Bámaca Velásquez versus Guatemala (Merits, Judgment of
25.11.2000), the Court took into due account the right of the relatives of the person
who had disappeared by force to a worthy grave for the mortal remains of this latter
and the repercussion of the issue in the maya culture9. However, in this Judgment on
the merits in the case of the Community Mayagna (Sumo) Awas Tingni, the Court, for
the first time, goes into greater depth in the analysis of the matter, in an
approximation to an integral interpretation of the indigenous cosmovision, as the
central point of the present Judgment.
6.
Future generations begin to attract the attention of the contemporary doctrine of international law: cf.,
e.g., A.-Ch. Kiss, "La notion de patrimoine commun de l'humanité", 175 Recueil des Cours de l'Académie de Droit
International de La Haye (1982) pp. 109-253; E. Brown Weiss, In Fairness to Future Generations: International Law,
Common Patrimony and Intergenerational Equity, Tokyo/Dobbs Ferry N.Y., United Nations University/Transnational
Publs., 1989, pp. 1-351; E. Agius and S. Busuttil et alii (eds.), Future Generations and International Law, London,
Earthscan, 1998, pp. 3-197; J. Symonides (ed.), Human Rights: New Dimensions and Challenges, Paris/Aldershot,
UNESCO/Dartmouth, 1998, pp. 1-153.
7.
Cf. also Articles 89 and 180 of the Political Constitution in force of Nicaragua.
8.
IACtHR, case Aloeboetoe and Others versus Suriname (Reparations), Series C, n. 15, Judgment of 10.09.1993,
pp. 51-96, pars. 1-116.
9.
IACtHR, case Bámaca Velásquez versus Guatemala (Merits), Series C, n. 70, Judgment del 25.11.2000, pp.
191-331, pars. 1-230.