LAND SCAM AT POPOYO BEACH ENDANGERS INDIGENOUS COMMUNITY AND POTENTIAL INVESTORSThe following is a synopsis by members of the Indigenous Communityof Las Salinas de Nahaulapa, historic owner of Popoyo Beach and alarge contiguous area.

In an area popularly known as Popoyo Beach on the Pacific Coast of Nicaragua,a legal battle, with underlying currents of violence and corruption, is takingplace over a stretch of prime, beach-front real estate. As the part of Nicaraguamost highly sought by foreign investors for its natural beauty and excellentconditions for surfing, the Popoyo Beach area has been over-run in the last fewyears by real estate speculators and investors. Like other speculators, investorsand developers who have often bought land for next to nothing in the Rivasarea south of Popoyo Beach only to turn it around at huge profits, a companyknown as Flor de Mayo, SA, has set its eyes on a more than one kilometerstretch of pristine beach north of Popoyo Beach called Playa Sardinas. The Las Salinas de Nahualapa indigenous community, with a legal title to theland that dates back to 1877, says that no one has sold, rented or loaned anyof the beach front property in that section of Popoyo Beach to Flor de Mayo, SA,or its representative, Philip Christopher.In fact, indigenous customs and laws prohibit land from being sold at all, buthave been known to extend permits for use of the land. The Nahaulapaindigenous community has, in fact, extended such permits to other investors inthe Popoyo Beach area who have come to them on friendly and respectfulterms, paying them a yearly canon they use for improvements in thecommunity.Such is not the case with Mr. Philip Christopher and Flor de Mayo, SA.Flor de Mayo, represented by Mr. Christopher, purchased an 80 acre (47manzanas) section of land north of Popoyo Beach without beach front.However, they are claiming 20 acres more, including the much more valuablebeach front stretch due to the high land value, name recognition of PopoyoBeach in tourist and real estate circles, and access to the beach. Whenindigenous community representative Geovanny Loasiga refused bribes andpressure to extend a document granting Flor de Mayo that piece of PopoyoBeach, Flor de Mayo then took the indigenous community to court. This 20acre (12 manzanas) piece has never been sold, rented or leased since theIndigenous Community received legal title in 1877. The 80 acre piece that Florde Mayo purchased from Fernando Valladares, who had purchased it fromFrancisco Castillo Castro was taken behind the backs of the Indigenouscommunity in the late 40’s by means of a substitute or replacement title. Inother words, it is also part of the historic Indigenous land.In December 2006, the indigenous community of Nahualapa won the case in aRivas civil district courtroom on the basis of their undisputedly clear land titlewhich dates back to 1877, more than a hundred and thirty years before PopoyoBeach was of interest to anyone but its indigenous inhabitants.

Furthermore, in July 2007, the courts reaffirmed that sentence and put the landin question physically back into the hands of the indigenous community.According to many people, there has been a lot of violence related to this landscam on the part of Philip Christopher and another Flor de Mayo representative,Mark Wolfe, who refuse to accept that this area north of Popoyo Beach belongsin fact to its indigenous inhabitants. On February 14, 2008 twenty members of the Indigenous Community, including women and children, say they were takenby force by Christopher and Wolfe’s thugs onto the Flor de Mayo property andkept there all day. When they were finally released Christopher photographedthem running away and claimed they were “invading” his land. The two USinvestors have also been known to shoot at the people, creating fear and terrorin the populace (see pictures of Christopher with gun).Likewise, Geovanny Loaisiga, as community representative for the indigenous,has been especially targeted by the Flor de Mayo people. His house wasransacked by a large group of Rivas police in February of this year. Without anyarrest warrant, Giovanny Loasiga was effectively kidnapped and put in jail foreight days without the right to call or notify his lawyer or family. Because his“arrest” was never registered in the police logbook, this falls more under thecategory of kidnapping and has been denounced to human rights organizationsin the country.After having won the case with a firm sentence in December 2006, a new judge was appointed who has been more willing to participate in an illegaleviction of the indigenous people from their own land.

On April 11, 2008, a judgeappeared making an attempt to evict community residents from the disputed 20 acres.When asked for her authority, she would only respond that she was just following orders.She and the police were filmed by US church workers as they tried to carry out the eviction.Because of the possibility of a “bloodbath” the judge and police retreated.

The indigenous community of Las Salinas de Nahualapa is not about to give uptheir struggle to retain the land which has belonged to them for hundreds, if not thousands, of years. With the moral support of US church people inNicaragua, who are concerned about this unjust and illegal land grabbingreminiscent of the Wild West in the United States, Geovanny Loasiga and othermembers of the Popoyo Beach inhabitants are denouncing these abuses inmany forums. The group has met with the Human Rights Ombudsman, the Commission of Ethnic Affairs of the National Assembly, the Committee of English-speakingReligious Personnel in Nicaragua, the Nicaraguan Center for Human Rights,among other organizations, and have been interviewed on Radio CEPAD, RadioLa Primerisima, Radio Sandino, Channel 8, Channel 12,www.todonica.com, andhave had articles in the Nicaraguan Press. They are willing to take their case to the Nicaraguan Supreme Court. The casewhich they will present to the Supreme Court is based on the fact that:

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The indigenous community is a recognized indigenous group under the Nicaraguanconstitution.