Direito em Movimento - Volume 16 - Número 2 - 2º semestre/2018

81 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS the Awas Tingni indigenous community 14 were not delineated, nor were there adopted effective measures to ensure and make concrete the property rights of this group. The Commission – operating in jus postulandi before the judicial authority - furthermore upheld that Managua had conceded permission to deforest in the region, and had authorized roadworks, wi- thout consulting the native population 15 . Subsequent to due instruction the Court decided that Nicaragua, even though challenging the territorial claim by the Awas Tingni community, should recognize traditionally occupied territories and that they should not oppose the declared ownership of these. However, in contrary to this, the country did not regulate any proceeding to materialize this right. That situation, the sentence follows, created a permanent climate of uncertainty and precariousness for the natives, since they could not know the geographical limits of their lands and, consequently, would have no idea of where they were using and freely enjoying their assets. The Court, based on Article 1 16 of the American Convention, affirmed that the State is obligated to respect the rights and liberties recognized in the Convention and organize the Public Authorities to guarantee for its people, and under its jurisdiction, the free and full exercise of human rights. Because of this, the Court proceeds, the action or non-action of whichever public authority, independent of its hierarchy, constitutes a fact attributable to the State in the terms of the American Convention and following the rules of international responsibility in law. 14 The Awas Tingni Community, formed by more than 600 individuals, is part of the Mayagna or the Sumo ethnic group, located on the Atlantic coast of Nicaragua. 15 The Commission affirms that Nicaragua violated the following rights contemplated in the Inter-American Convention: the basic respect of rights (Article 1), making the provisions of internal law effective (Article 2), the right to private property (Article 21) and to effective judicial protection (Article 25), since the country did not move to ensure any juridical remedy (judicial or not) adept at protecting the rights of the aforementioned community. 16 Article 1. Obligation to respect rights: The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.