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Land Justice for Miskito Indigenous Peoples in Honduras

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Land Justice for Miskito Indigenous Peoples in Honduras A quiet Revolution Land Justice for Miskito Indigenous Peoples in Honduras This case study tells the story of the Miskito Indigenous people’s struggle in Honduras to regain land taken from them during the colonial period which has benefitted around 90,000 people. The eventual restoration and legal protection of their rights to ancestral land and to self-governance has righted a historical injustice and provided them with more secure access to land. It was achieved in a country where Indigenous rights had been long ignored and violated in the face of violence and opposition from a range of vested interests. Land titling was scaled and accelerated in recent years due to effective influencing and leveraging of national and international laws combined with community mobilisation. The case study shows how dogged pursuit of justice can eventually bear fruit. It also provides an example of how land reforms can be peacefully negotiated between Indigenous people and the government. www.oxfam.org OXFAM CASE STUDY – NOVEMBER 2020 OXFAM’S INSPIRING BETTER FUTURES CASE STUDY SERIES Oxfam’s Inspiring Better Futures case study series seeks to inspire in- form, and catalyse action to build a fairer, more inclusive and sustainable future. The stories show what is possible when people dare to hope, dream and create better futures against the odds. All the cases have achieved transformative change at scale by tackling structural causes of poverty or injustice, ranging from inspiring to aspirational journeys with strong promise. The cases focus on the economic, gender and climate crises and are all based in challenging contexts in predominantly lower income countries. Although conceived before the pandemic the series provides compelling examples of how the world can achieve a just and sustainable recovery and build resilience to future shocks. You can also read the series synthesis paper at this link. © Oxfam International November 2020 This case study was written by Diana Cordova Arauz. Oxfam acknowledges the assistance of Adalberto Padilla, George Redman, Filippo Artuso, Helen Wishart, Emma Wadley and Ruth Mayne in its production. The series was conceived by Irene Guijt and Ruth Mayne. For further information on the issues raised in this paper please email [email protected] The views and opinions expressed do not necessarily reflect those of Oxfam. Oxfam and the authors cannot be held responsible for any consequences arising from the use of information contained in this report. This publication is copyrighted but the text may be used free of charge for the purposes of advocacy, campaigning, education, and research, provided that the source is acknowledged in full. The copyright holder requests that all such use be registered with them for impact assessment purposes. For copying in any other circumstances, or for re-use in other publications, or for translation or adaptation, permission must be secured and a fee may be charged. E-mail [email protected] The information in this publication is correct as of April 2020, when production was halted due to the COVID-19 pandemic. Published by Oxfam GB for Oxfam International under ISBN 978-1-78748-586-0 in November 2020. DOI: 10.21201/2020.5860 Oxfam GB, Oxfam House, John Smith Drive, Cowley, Oxford, OX4 2JY, UK. Cover photo: Panoramic view of the Patuca River, municipality of Wampusirpi, department of Gracias a Dios, Indigenous territorial council of Bakinasta, cultural zone of the RHBRP. © Marcio Martínez 2 EXECUTIVE SUMMARY The Indigenous Miskito communities in the eastern region of Honduras, called ‘La Mosquitia’, have fought to obtain legal recognition and the titles of their land for hundreds of years. Their historic rights to traditional land and self-governance, along with Indigenous peoples, are enshrined in international conventions. They also have a special bond with the land1 and interdependent relationship between their culture, subsistence and biological diversity. Gracias a Dios is one of three departments (territories) within La Mosquitia which belongs to the Miskito. The territories were conquered by the British Empire during the 17th and 18th century, who in turn gave them to the Honduran Government when they left in 1859, with the promise, enshrined in the Cruz-Wyke treaty, that they must be ‘returned’ to their original owners, the Miskito (El Heraldo, 2014). The term ‘return’ meant giving the Miskito ownership, governance and a meaningful say over decisions affecting their territories. Yet the Miskito people have been denied full ownership and use of their own land for more than 150 years 2 and have suffered exploitation, invasion from ladino groups , illegal occupation, and the government favouring colonization projects and land- grabbing of ‘open lands3’ (Herlihy and Leake, 1992). The MASTA is an association that represents the Miskito and stands for ‘Mosquitia Asla Takanka’ which means ‘Unity of the Mosquitia’. MASTA was established in 1976 with the aim of helping Miskito obtain the right to and collective governance of their land. Before 2012, 496 individual titles were granted in favour of the Miskito people, representing around 21% of La Mosquitia (Forest Trends, 2015). After MASTA intervened, the scale of titling accelerated. In only three years, from 2012 to 2015, 11 community titles were granted, representing 79% of the Mosquitia territory (Forest Trends, 2015). In the region, 17,500 families have benefited from this intercommunity land titling. MASTA also became the first Indigenous organization in Central America to develop its own Biocultural Protocol as a mechanism to defend the collective right of the Miskitos to free, prior consultation and informed consent on proposed development projects in their territories. This in turn set a powerful precedent for other Indigenous communities. Key insights This case study is notable in that MASTA achieved land titling and self- governance in a country where Indigenous rights were long ignored and violated and where there is violence and opposition from a range of vested interests. It provides an example of how land reforms can be peacefully negotiated between native people and the government. The Honduran government had been particularly slow and negligent in the recognition of titles for the Miskito, especially considering that its 3 neighbour Nicaragua began granting legal titles for the Miskito in 1905 (Elías, 2017) but in this latest stage proved willing at long last to fulfil a historic promise. The following factors helped the Miskito in Honduras finally correct this historic injustice and win the right to their land at scale: • Peaceful and effective leadership and strategy: This included peaceful social mobilization, skilful negotiation, communications, unique institutional alliances, participatory mapping and a shift from individual to collective titling, although the process has not been without tensions and challenges. • The successful harnessing of international laws and allies to persuade and pressure the Honduran government to protect rights: In obtaining the first legal title, MASTA made use of all the national and international legal tools available to them. This included International Labour Organization (ILO) Convention 169 on Indigenous and Tribal people, which the government had previously signed; the Wyke-Cruz4 treaty; the Honduran Constitution; and the Agrarian Reform, Modernization, Property and Forestry laws (Herlihy and Tappan, 2019). It also enlisted the support of the World Bank to pressure the Honduran government to implement land administration systems such as the Property Law and Land Administration Program I and II (PATH)5 and legalize the territoriality of the Garifuna and Miskito communities (Herlihy and Tappan, 2019). • Practical support and legitimization from key allies: Including support from the Honduras-based international non-government organization (INGO) the Agency for the Development of La Mosquitia (MOPAWI), which specializes in land rights. • A long struggle: The Miskito had been struggling for restoration of their land rights for hundreds of years. Between 1994 and 1998, leaders from different Indigenous groups organized mass demonstrations in the capital, Tegucigalpa, during the so-called ‘Black and Indigenous peregrinations’. The leaders demanded that the Honduran government ratify ILO Convention 169 and create Indigenous municipalities in the Mosquitia region, the municipalities of Ramón Villeda Morales, Ahuas. Juan Francisco Bulnes and Wampusirpi. The ratification of this Convention was fundamental in obtaining the agreement of the government in 2012 to grant titles and self-governance for the Miskito people. 4 WHAT HAS CHANGED? THE CHALLENGE The Gracias a Dios part of La Mosquitia is one of the poorest regions of Honduras. The Indigenous Miskito communities in this eastern region had fought to obtain the legal titling of their land for hundreds of years. La Mosquitia extends through the border with Nicaragua, covers 1.6 million hectares and is the largest virgin tropical forest in Central America (Programa Adaptación al Cambio Climático en el Sector Forestal, 2020). In 2015 it was home to more than 94,450 people and 305 communities − mostly Miskito but also Pech, Tawahkas and Mestizo groups – living in six municipalities (INE,2013; Elías, n.d.; Fondo Indígena, 2014). The territories within La Mosquitia were conquered by the British Empire during the 17th and 18th centuries (Fondo Indígena, 2014) and were given to the Honduran Government with the promise
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