Nicaragua Network

1. Another dispute arises over San Juan River dredging
2. Weeklong conflict over indigenous land includes hostages, roadblocks, and one death
3. Scientific conference presents concerns about canal
4. FIDEG study shows reduction of poverty slowed in 2013
5. Biogas program benefits thousands of rural families
6. Solid waste management remains a problem
7. UNAN to offer a seismology degree

1. Another dispute arises over San Juan River dredging

Costa Rican President Luis Guillermo Solis said on Nov. 12 that Costa Rican authorities would arrest anyone who entered his country without permission, making reference to reports that Nicaraguans dredging the San Juan River had touched Costa Rican soil. The next day, Costa Rican Foreign Minister Manuel Gonzalez added, “We have information about cleanup operations on the right bank of the river which is where Costa Rican territory begins, cleanup that the government of Costa Rica has not performed nor has it authorized.” He said that if the operations had been carried out by Nicaragua, his government would protest to Managua and notify the World Court. The river belongs to Nicaragua while the southern bank is Costa Rican territory.

Costa Rica brought suit against Nicaragua in the International Court of Justice at The Hague (World Court) in 2010 for dredging a channel at the mouth of the river and damaging a small triangle of wetlands that it claimed as Costa Rican territory but which Nicaragua claims, based on century-old agreements, is Nicaraguan. In 2011, Nicaragua entered a counterclaim against Costa Rica for erosion damage to the river from a hurriedly constructed 160 kilometer unpaved road along its southern banks. The Court combined the cases and is expected to issue a ruling in 2015. Meanwhile the Court ordered the parties to stay out of disputed areas and avoid actions that would aggravate the conflict.

Eden Pastora, head of the San Juan River dredging operations, said that Nicaraguans involved in that work had not entered Costa Rican territory. “We don’t need to cross into Costa Rican territory and we haven’t crossed nor will we cross,” Pastora said. He said that there are currently three dredging vessels working on the river in an ongoing operation expected to be concluded at the end of 2015 or early 2016. He said that five new dredgers will be ready in December and another five in January with a final five to be put to work in mid-2015. He said that the machines are being built in Granada.

Carlos Argüello, Nicaragua’s representative before the World Court, told Channel 4 television that, “Nicaragua is the sovereign of the river; Costa Rica does not control even ten meters of the river; we have the right to clean up the river; they cannot tell us we can’t come near [their border].” He explained that the dredging of the south side of the river is necessary because soil from the Costa Rican side is sliding into the river where the road was built too close to the bank. “We warned the Court what would happen: the road is sliding into the river taking along trees and everything,” he said. He questioned, “How would we not have the right to dredge when enormous slides of sediment fall in and Costa Rica can then say that that is their territory?” He added that since the middle of the last century Costa Ricans have had a tactic of pushing trees into the San Juan so that they would accumulate sediment and thus expand their territory toward the north.

International law expert Manuel Madriz said that the San Juan River is classified as a perpetually navigable river according to international agreements. These are the Cañas-Jerez Treaty of 1858 between Nicaragua and Costa Rica and the arbitration awards known as the Cleveland Award of 1888 and the Alexander Award of 1897. Madriz said that, according to the Cleveland Award, Costa Rica has the right to ask for compensation if Nicaragua, without getting permission, occupies the southern bank of the river in the course of improving its navigability. He said that there are international procedures for determining the amount of compensation. He added that under the Cleveland Award Nicaragua has the obligation to maintain navigation of the river in its entire course, and that includes dredging the river.

Nicaraguan Foreign Minister Samuel Santos said that the Nicaraguan government was preparing a reply to Costa Rica. (La Prensa, Nov. 12; El Nuevo Diario, Nov. 13, 14, 16; Radio La Primerisima, Nov. 14)

2. Weeklong conflict over indigenous land includes hostages, roadblocks, and one death

A weeklong conflict between indigenous communities and mestizo settlers was resolved in the early hours of Nov. 15 when an agreement was reached that included the freeing of some 79 hostages taken by members of indigenous territorial governments in the North Caribbean Autonomous Region and the clearing of two roadblocks set up by groups of settlers. The crisis began over a week ago when the indigenous territorial government of ten communities in the jurisdiction of Puerto Cabezas decided to forcibly remove 80 mestizo families who had settled on land titled to the indigenous in the area of Tungla. Reportedly 25 houses were burned by the indigenous and a merchant was killed. Mestizo settlers of the area responded by setting up a road block on the road from Bilwi to Waspan and later another on the road to Rosita.

Twenty-two indigenous governments have received communal title to their traditional lands in Nicaragua’s Caribbean Coast regions, much of it in nature reserves which they are tasked with preserving as they live in their traditional lifestyles. However, they have had to deal with thousands of invading settlers who, under Nicaraguan law are supposed to be removed from titled indigenous lands. [A Nicaragua Network delegation traveled to the region in March 2014 and found that while the administration of President Daniel Ortega had virtually completed the demarcation and titling of indigenous lands on the Caribbean Coast, the last stage of that process—the removal of illegal settlers—had barely begun. Read the report of the delegation here: http://www.nicanet.org/?page=blog&id=26487]

Yuri Valle, police commissioner for Puerto Cabezas and Waspam, said that an agreement had been reached earlier with the indigenous communities to form commissions with members of the demarcation and titling commission, the Police, and the Army to go into the area and review the border markers, but the indigenous leaders went in alone without authorization. However, Loran Lavonte Centeno, a leader in the community of Sagnilaya, said that they went in to clean out the settlers by themselves because the governmental bodies never acted. “We didn’t want to kill anyone; we went in to clean out our territory. We have taken 68 people and we ask the government and Waldo Muller to get the rest of them [the settlers] out of there. If they don’t we’ll continue this process,” Lavonte said. Muller, president of the Tasba Pri territory, has been accused by other indigenous of illegally selling land to the settlers.

Webster Alejandro Espinoza, one of the roadblock leaders, said, “Our principal demand is the freeing of all the people taken by the indigenous.” He added, “We are here because we bought that land… We are indigenous. We are all Indians, brother; there isn’t any difference between them and us. The roadblock won’t be lifted until they free those people.” Constantino Romel, a leader of the Wanky Twi indigenous territorial government, said that the problem comes from the inability of the national government to manage the demand of the nation’s peasant farmers for their own land and a lack of respect for the land rights of the indigenous.

On Nov. 15, one committee of government authorities and church leaders received the freed hostages while another traveled to supervise the lifting of the roadblocks. Moravian Pastor Amilcar Padilla said that the agreement had been reached after six hours of tense negotiations. He added, “Yesterday morning I accompanied the National Police and in Sagnilaya they turned over the hostages to be taken safe and sound to Bilwi.” Fresly Jones, leader of the indigenous communities, said that the hostages were turned over based on the commitment that a committee would go on Monday, Nov. 17, to the area to review the boundary markers and remove any remaining settlers who would then have to be relocated.

Meanwhile, a group of Caribbean Coast leaders said that no government officials showed up for a meeting scheduled with them at a Managua hotel.  Government environmental ombudsman Jose Luis Garcia said that his office recognized the elected indigenous territorial governments. “I asked how many were presidents of indigenous territorial governments it turned out that none of them were. We want to talk to the proper parties,” he said. Milton Zamora of the Bluefields and Indian Caribbean University (BICU) said that the organizations would take their claims of government inaction to international forums. Lottie Cunningham, president of the Center for Justice and Human Rights on the Atlantic Coast of Nicaragua, said, “With the pressure that exists from the massive invasion of colonizers into indigenous territories, the indigenous want an urgent response from the State.”

In related news, the Police announced the arrest of two men suspected of selling parcels of land in indigenous territories. Denis French and Isidro Sanchez allegedly “sold” as many as 500 parcels of land in the same areas of Waspam and Bilwi where the conflict of last week developed. (El Nuevo Diario, Nov. 11, 12, 13, 15, 16; La Prensa, Nov. 12, 14, 16)

3. Scientific conference presents concerns about canal

Participants from the United States, Nicaragua, Brazil, and Chile laid out a series of concerns about the inter-oceanic shipping canal planned for Nicaragua at a conference in Managua sponsored by the Nicaraguan Academy of Science,the Inter-American Network of Academies of Science, and the International Council for Science. Gerald Urquhart, a professor of fisheries at Michigan State University, predicted “a lot of invasive species, changes in the sediments and vegetation” in Lake Cocibolca (Lake Nicaragua) resulting from the dumping of ballast water by ships crossing the lake. Delegates asked whether there was a plan for relocating the population that will be displaced by the canal and for preventing them from expanding the agricultural frontier, depleting forests in protected areas. The scientists asked where the earth dredged for the canal would be placed and if there was sufficient water for the canal. Other questions concerned the economic viability of the project including taking into consideration that patterns of world trade could change with the melting of the ice in the Artic Sea. The final statement of the conference summarized its findings saying that “The panel encourages adoption of international best practices for the evaluation of megaprojects. These practices include broad and transparent communication with multiple stakeholders to identify opportunities to optimize benefits and to minimize unintended adverse consequences, as well as independent analysis and evaluation of the studies pertaining to technical, feasibility, and environmental impacts.” (El Nuevo Diario, Nov. 14; La Prensa, Nov. 12; Resumen de Conclusiones del Taller Internacional)

4. FIDEG study shows reduction of poverty slowed in 2013

The International Foundation for the Global Economic Challenge (FIDEG) released its annual study on poverty in Nicaragua on Nov. 12 with results for 2013 showing a slower decrease in poverty than in past years. The FIDEG study of 2009 indicated that 44.7% of the country’s population lived with incomes under US$2 per day and the latest study shows a drop to 40.7%. This was a drop of 2.2% from 2012. However, FIDEG noted that nationally extreme poverty increased in 2013 to 9.5% from 7.6% in 2012. Survey data indicate that “in rural areas, while there was a tendency toward reduction of extreme poverty [incomes of less than US$1 per day] between 2009 and 2011, this was reversed in 2012 and 2013.” FIDEG noted that the improvements in the years preceding 2012 coincided with higher prices on the world market for the agricultural products that Nicaraguan small farmers produce, especially coffee and beef, and those prices dropped in 2013, leading to a rise in rural poverty. With relation to education, heads of households in extreme poverty had an average of 1.7 years of education while heads of households that were not poor had an average of six years of education. (La Prensa, Nov. 12; El Nuevo Diario, Nov. 12)

5. Biogas program benefits thousands of rural families

The Nicaraguan Biogas Market Development Program (PBN) is changing the lives of thousands of small farm families in rural communities by eliminating the use of firewood for cooking and chemical fertilizers with eco-friendly practices. Clean Energy XXI says that the US$6 million program that has as its goal benefitting some six thousand farm families in communities without electricity by installing biodigesters which create methane cooking gas from animal manure and plant waste. Nagarote resident Carolina Aviles said the biodigester has been a blessing because, “That smoke [from cooking with wood] was hurting me,” adding that her doctor had diagnosed her with heart problems. She also values the extra time she and her husband have now that they no longer have to gather firewood daily. The program is funded with aid from Holland, the Humanist Institute for Aid to Developing Countries, the Multilateral Investment Fund of the Inter-American Development Bank (IDB), the Nordic Development Fund, and local governments. The World Health Organization states that three billion people in the world cook with firewood and two million die prematurely each year from smoke-related illnesses. (Radio La Primerisima, Nov. 16)

6. Solid waste management remains a problem

Kamilo Lara, president of the National Recycling Forum (FONARE), said that there are 42 small municipalities (out of Nicaragua’s 153 municipalities) that do not have trash pick-up due to lack of economic capacity and landfills. Most of the municipalities are in the Caribbean Coast Autonomous Regions and the north central part of the country. He said municipal ordinances relating to the disposal of solid waste are important as is the national Special Law of Integral Management of Hazardous and Non-Hazardous Solid Waste. That law has passed the National Assembly on first reading but must still be passed article by article. According to data produced by FONARE, the nation produces 7,000 tons of trash each day. Managua produces between 1,500-1,600 tons with some 300 tons uncollected due to lack of capacity and bad habits of the populace. He said some 9,000 tons of trash accumulate monthly in the drainage channels, the streets, or in the 77 illegal dumps in the capital city. He said that trash increases by 20% this time year and he said that people continue to litter and don’t think about it as a source of contamination. A forum in Leon is examining the situation and Lara said that there is much talk about recycling “but really we are in diapers.” He said that the Special Law will permit investment and industrialization of trash collection and recycling. He noted that so far recycling has been artisanal and has benefited many families, but with the industrialization of solid waste processing “we could produce power or fertilizers to recover our soil.”

A disturbing example of the “artisanal recycling” that Lara mentioned is the estimated 50 children as young as 6 years old who work the landfill in the municipality of Ocotal. Working without parental supervision and in constant danger of being run over by trucks or injured by older children or adults fighting over “the best” trash, minors work among the flies and vultures to collect plastic, glass, and metal, earning less than US$1 per day. Buyers pay nine cordobas per pound for aluminum [with the cordoba at 26 to the dollar], six for glass, and 1.5 for plastic. Carlos Antunez, driver of a garbage truck, said the situation is worrisome because not only are the children exposed to contamination, but many are also inebriated. He complained that no public officials are doing anything about the problem and that the main victims are the children who have to work the dump in order to survive. (El Nuevo Diario, Nov. 13; La Prensa, Nov. 14)

7. UNAN to offer a seismology degree

The Managua campus of the National Autonomous University of Nicaragua (UNAN-Managua) is now offering a degree program in seismology which will be developed over the next 15 months to advance the professional capacity of Nicaraguans to monitor and study earth movements. Wilfried Strauch, scientific advisor to the Nicaraguan Institute of Territorial Studies (INETER), said that Nicaragua has the most extensive seismic network in Central America but that it needs better qualified personnel to staff the network and the upcoming installation in Nicaragua of the Central American Regional Tsunami Alert Network.  Norma Corea said, “It is an opportunity to enhance the specific knowledge of the seismic processes of the country” and it will do more to guarantee the safety of Nicaraguan citizens. In related news, Thursday night a 4.8 Richter Scale trembler was recorded in the Gulf of Fonseca. No injuries or damage were caused by the quake which was at a depth of 15 kilometers. (Radio La Primerisima, Nov. 13)