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INTRODUCTION Few issues have sparked the much interest of the Inter-American
Commission of Human Rights (IACHR) as much as the “Situation of Human
Rights of a segment of the Nicaraguan population of Miskito Origin”,
as the Commission finally decided to refer to it after considering
various preliminary titles. This complex matter has figured as one of the major topics on the
agenda of the last six sessions of the IACHR. On two occasions, its
representatives toured extensive regions of the Atlantic coast of
Nicaragua, where many of the Miskitos live, investigating the events
that took place there. Those representatives also interviewed Nicaraguan
refugees of Miskito origin in Mocoron and other camps located in the
Gracias a Dios Department of Honduras. In the course of these visits,
and also as part of the Commission’s activities at headquarters in
Washington, it questioned dozens of witnesses and examined hundreds of
documents. The Commission frequently discussed this matter with high-ranking
officials of the Government of Nicaragua, and consistently followed a
policy of responding to the denunciations and complaints of all
individuals or institutions who considered themselves to be victims of
violations of human rights, while also seeking the cooperation of
religious, humanitarian or Indian organizations concerned with the
subject. Moreover, the Commission was in contact with international
organizations that have a special interest in the solution of some
aspects of the issue, as was the case of the United Nations High
Commissioner for Refugees (UNHCR) and the International Committee of the
Red Cross (ICRC), which cooperated with the Commission throughout this
process. The very nature of this topic made it difficult to examine. The
dispute that began in late 1981 and early 1982 was initially limited to
the acts of violence that took place in the Rio Coco area, to the forced
transfer of a part of the Indian communities from their villages in that
zone to the interior of the Department of Zelaya of Nicaragua, and to
the flight to Honduras of another group of the traditional inhabitants
of the banks of the Rio Coco. However, this controversy entailed
underlying and long-standing conflicts, and in the following months it
began to give rise to new issues that drew the attention of the IACHR. This gave rise to the problem of specifying the framework of the
dispute, soon followed by the problem of specifying the normative system
applicable to situations that appeared to be unprecedented in
international law. The problem was further compounded by difficulty in
identifying an agency or organization that clearly represented the
alleged victims. These issues suggest the difficulties the Commission
faced in dealing with this matter. In addition to these problems, the
events considered in this report took place in a zone where
communication and access were seriously impaired, and which was highly
militarized and offered very few impartial witnesses. Given these impediments, the Commission made every possible
effort to obtain the facts, to evaluate them correctly and in conformity
with the American Convention on Human Rights, and to seek a friendly
settlement of the matter based on respect for human rights. Unfortunately, for reasons that will be set forth below, the
Commission was not able to contribute to an achievement of such a
friendly settlement. Given these circumstances, and in conformity with
Article 50 of the American Convention on Human Rights, the Commission is
mandated to write this report, setting forth the facts and its
conclusions. The Report has three parts. The first describes the origin and
evolution of the dispute, with special emphasis on the role played by
the IACHR in this matter. The second examines the facts involved in the dispute and
analyzes the relationship between the facts and the internationally
applicable juridical norms, especially the rights guaranteed by the
American Convention on Human Rights, to which Nicaragua is a party. Finally, the third section set forth the pertinent conclusions
and formulates the proposals and recommendations that the Commission
believes that the Government of National Reconstruction of Nicaragua
should adopt in its relations with Nicaraguan citizens of Miskito origin
affected by the events detailed in this Report. The present Report, which was approved by the Inter-American
Commission on Human Rights during its 61º Session, was transmitted to
the Government of Nicaragua on November 29, 1983. Pertinent facts, which
have occurred after this date, have been added to the text as footnotes.
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