LIVE GOOD / BE CONSCIOUS

LIVE GOOD / BE CONSCIOUS

The Struggle for Social Justice in Orinoco, NicaraguaBrian Sonenstein

International Relations Major

Wheaton College

School of International Training Fall 2007

Academic Director: Aynn Setright

Field Advisor: Victoriano Sambola

Research Site: Orinoco, Nicaragua

Dedicated to my Father, who keeps me looking up.Dedicated to my Mother, who keeps me looking forward.Dedicated to my Sister, who keeps me looking.

TABLE OF CONTENTS

4INTRODUCTION & METHODOLOGY

6HISTORICAL BACKGROUND

9CIVIL STRUCTURE IN ORINOCO

12Crime and Structure

18Enforcement

27Bringing Home Police

32ORINOCO OF TODAY & THE FUTURE CONCLUSION

35APPENDIX (A) Map of Government Structure in Orinoco

36APPENDIX (B) Photography

38APPENDIX (C) Map of Pearl Lagoon Basin

39BIBLIOGRAPHY

INTRODUCTION & METHODOLOGY

I arrived at this study somewhat accidentally; perhaps coincidentally. Although, in working with the Young Democratic Socialists of America, I do have a passion for social justice, I did not originally intend to come to Nicaragua to study it. After our journey to the coast and my stay in a small, unique Garfuna village called Orinoco, I discovered a problem in the community that was on a lot of peoples minds: they lacked a police force, and with crime on the rise, were having quite a difficult time obtaining one.

After having several informal conversations with community members, I learned of the difficulties of maintaining peace and harmony in the community. As I will demonstrate later on, the existing traditional structures could no longer bear the weight of administering justice; those committing crimes in the community were gradually becoming noncompliant with mandates. Whats more, it was becoming increasingly difficult to get the municipal police of Pearl Lagoon to come and help out in the event of a disturbance.

Thus, I arrived at this subject for a couple of reasons. For one, time was of the essence and the opportunity had presented itself to study a point in a communitys history that could potentially be watershed. This study is, indeed, very current and in the moment. Not to mention, it is indeed, in my opinion and the opinions of community members, a large undertaking to decide that traditional structures can no longer handle crime and that national police must be brought in. Two, the limitations of both the community and the state were new and surprising to me, presenting a complicated challenge for the community. Three, the Garfuna communities of Nicaragua are sparse, occupying a mere .43% of the Pearl Lagoon Basin. Therefore, I was able to focus on and study a minority, ethnically autonomous group with a distinct social structure. Finally, judging by the difficulties the community was having in terms of maintaining and administering social justice, I felt an analysis might be beneficial to the communityan outsiders look at the situation to provide another point of view.Let me not forget to mention as well that the region and the history of Nicaragua as a whole are two very important factors in framing this study as well. The Atlantic Coast of Nicaragua has been autonomous since 1985. Traditional structures govern over their individual ethnic and indigenous communities (I will indeed touch on this later on in the study). Orinoco is situated in the Pearl Lagoon Basin, in the RAAS (Regin Autnomo del Atlntico Sur or Autonomous Region of the Southern Atlantic). Therefore, there is a unique sense and interpretation of national rights and inclusion that plays into this study with some significance. Nicaragua also has a rich history of social movements, especially after the triumph of the Revolution in 1979a study of a unique, autonomous group in its own manifestation of a social movement for seguridad ciudadana in the frame of a larger nation is worth investigating.This study was mostly conducted from formal and informal interviews, with some participant observation mingled in. The fieldwork took place over a span of approximately two and a half weeksa window of time before, during and after the Garfuna Festival (November 16-19), which is a time when more than 600 visitors come to Orinoco to celebrate the arrival of the Garfuna to Central America (commonly accepted as November 19th). Police from Pearl Lagoon came to overlook the festivities, and then some stayed after to conduct a community meeting about the feasibility of maintaining a force in Orinoco. This meeting was a major part of the study, as it displayed openly the perceptions and critiques of community members. The debate is ongoing at present.What this study unfortunately lacks is precedent and therefore secondary resources. It is difficult to find accurate historical data on Orinoco to begin with, let alone in-depth studies on the Garfuna of Nicaragua. A good number of sources I found were community-made and lacked a lot of bibliographical information. Therefore, my study falls short in the sense that I dont have a lot of empirical evidence to fall back on. I acknowledge this weakness, but have tried to present the following information as best I can, interpreting my data as any scholar would when embarking on a fresh, previously undocumented study.

I therefore invite future scholars to continue to study the Garfuna of Nicaragua, as they are a vibrant, unified and determined ethnic group. There is a lot happening in Orinoco that I feel should be documented. Let this be a peak through a keyhole at all this community has to offer in terms of analyzing and understanding societies and how they functionincluding our own.HISTORICAL BACKGROUNDAround 1636, a group of slaves from Africa escaped a transport ship on its way to the New World and settled on the island of San Vicente in the Lesser Antilles of the Caribbean Sea. Amidst ongoing battles with the English and other native populations for survival and autonomy, these inhabitants mixed with natives on the island, until they were defeated by Conquistadors in 1796 and sent to Honduras.Garfuna communities grew in Honduras, and around 1832, some Garfuna made their way to Nicaragua. William V. Davidson speculates that:

Great excitement over the possibility of a trans-isthmian canal through Nicaragua attracted many explorer-adventurers who often teamed with Caribs The activity at Greytown, and the possibilities of wage work there, also must have attracted the Garfuna.

However, this migration was usually seasonal, depending on their work as mahogany cutters, and so they normally returned back to Honduras.

In 1881, John Sambola, the son of a well respected Garfuna chief in Honduras, made the first Garfuna settlement in the Pearl Lagoon Basin, naming it after San Vicente (sometimes referred to as Square Point). The settlement grew, and some members left to form other communities, such as Lauba, La Fey and Justo Point. The final Garfuna settlement, and indeed the largest today in Nicaragua, is Orinoco, founded in 1912 by John Sambola as well, after an argument with his cousins caused him to leave and start another community.

The community of Orinoco grew, relying mostly on fishing, cassava and pineapple as its primary resources. Other smaller communities, such as Lauba, began to disappear. Over the years, some banana and sugar companies came in, but have since left. Orinoco today relies almost entirely on its fishing and shrimping resources for subsistence and small-scale economy since these resources have proven to be rich and abundant. However, the use of gill nets has significantly depleted the amount of life in the lagoon. Competition has also risen, and it has become difficult to compete with Bluefields, a large port city down the river.Orinoco has Mestizo and Creole influence as well, however there are not many Mestizo families in the main community as the majority live in the bush. Most inhabitants of Orinoco speak Creole, English and Spanish, with Creole being the dominant language of the community. A very small, elderly minority still speaks their native tongue of Garfuna.

This invasion has sparked a large-scale cultural revitalization project, and Garfuna has begun to be taught in schools again. This movement has been made by OAGANIC (La Organizacin AfroGarfuna Nicaragense / The Nicaraguan AfroGarfuna Organization), the URACCAN (Universidad de las Regiones Autnomas de la Costa Caribe Nicaragense / University of the Autonomous Regions of the Nicaraguan Caribbean Coast) and APN (Ayuda Popular Noruega / Noruega Popular Help). These organizations, along with the support of Garfuna communities in other countries such as Belize, Honduras and Guatemala, have been working to promote and revitalize the Garfuna culture, which is rapidly disappearing in Orinoco. The 19th of November Festival is part of the project, as well as several groups that perform their native dance and music all over Central America.

Some say that this cultural disappearance was the product of discrimination before the Sandinista Triumph in 1979 and Autonomy Law (Law 445), which protected and promoted their ethnic and cultural identity. Before this, Garfuna in Nicaragua had been discriminated against by the government and Creoles who came in from the Caribbean. They were often made fun of for their culture and language, and forced to speak Creole.

Following the implementation of the Autonomy Law 445, all ethnic communities on the Caribbean coast were granted autonomy in using their own traditional structures. Article 23 of Law 445 states:

According to Article 5 of the Political Constitution, the State recognizes the juristic person of the indigenous and ethnic communities, without need of any further proceedings. Likewise, it recognizes their constitutional right to have their own forms of internal government.

And Orinoco indeed has taken advantage of this right: the community is highly involved in the infrastructure. The structure of government will be discussed later on in this study.While Orinoco and other indigenous and ethnic communities of the Atlantic coast do have their autonomy, they are still under the same protections and rights as all citizens of Nicaragua. One of those rights is the equal access to and judgment by law, regardless of circumstances such as race, language, or social and economic condition. The National Police of Nicaragua, as an entity of the state, are therefore responsible for the welfare of the people of the Atlantic coast, as they are Nicaraguan citizens protected under the constitution. Why, then, have the citizens of Orinoco been struggling to receive this protection guaranteed to them by law? What is the current situation of the right to seguridad ciudadana in small villages like Orinoco on the Autonomous Atlantic Coast of Nicaragua?

CIVIL STRUCTURE IN ORINOCOOrinocos autonomous governmental structure is a modern-traditional fusion. It includes positions that have been in the tradition of Garfuna Government since San Vicente, as well as newer structures built to cope with some of the problems that have arisen in the past few decades. The government is referred to as the Communal Government, and is made up of the President, Vice President, Secretary, Treasurer, two Vocals, a Fiscal (who deals with taxes), the Communal Judge, and the Board of Mediators. The Directive Board, which is like an assembly, votes on the decisions made by the Communal Government. When there are decisions to be made that will ostensibly affect the entire community, the Directive Board calls on the whole assembly, evoking a community-wide vote.In terms of enforcing social justice, the only real law-wielding power in the community lies with the Communal Judge. Empowered by Law 445, he can levy fines and request court dates, even referring people to the district court in Pearl Lagoon. If he needs assistance in enforcing the law, he can call upon the Pearl Lagoon Police. He is elected by the community based on votes of confidence, staying in office until the community decides they want a new judge.One of the interesting structures put into place by the community is the new, seven-month-old Board of Mediators, which is loosely affiliated with the Communal Government. When a minor crime has been committed in Orinoco, the victim has the opportunity of bringing it to the Board of Mediators instead of or before getting the law involved. The Board, along with the Judge, facilitates a conversation to try and understand both sides of the conflict. If a consensus cannot be reached, the victim has the opportunity to then drop the charge or get the law further involved.

The Municipality of Pearl Lagoon has a police force to maintain seguridad ciudadana in all towns in its jurisdiction. They reach these towns either by truck or panga. Only a few communities aside from Pearl Lagoon, such as Tasbapauni, have police that actually stay within the community. Such communities are generally much larger than Orinoco, and have comparatively higher rates of violent crime.

Aside from the governmental structures in Orinoco, there are other forces present that help maintain civil society. The four churches in the areathe Pentecostal, 7th Day Adventist, Roman Catholic and Anglican churcheshave historically had large influence over the population. Some NGOs, such as AMC (Accin Medica Cristiana or Christian Medical Action) and CEDEHCA (El Centro de Derechos Humanos, Ciudadanos y Autonmicos or The Center for Human Rights, Citizens, and the Autonomous) have played a large role in educating and helping unite the community against problems such as crime, human rights violations and disease. AMC has organized the pastors from each church in the municipality into something called The Pastoral Committee, which facilitates inter-church solutions to social problems.Although there are seemingly plenty of structures in place in Orinoco, the community has entered a time in which it is becoming almost impossible to manage crime. With its considerable distance from Pearl Lagoon, the growing lack of respect for and confidence in traditional structures such as the Communal Judge, the limited reach of the churches, and the rising consumption of drugs and alcohol in the community, Orinoco has reached a point where its begun to look for ways to bring National Police into their community. I will begin by examining structural perspectives of the crime in Orinoco. Then, I will look at the difficulties that these structures have had in dealing with the crime, followed by the difficulties in bringing the police into Orinoco.Crime and Structure

In a community meeting held on November 22nd, 2007 with the Sub-Commissioner of the Pearl Lagoon Municipal Police, Facundo Alejandro Mendez Gonzales, a hierarchy called Problemas Provisionales por la Comunidad (Provisional Problems of the Community) was created, detailing the communitys priorities in social justice from most prevalent to least prevalent. The list was as follows:

1. Lack of Police

2. Selling / Consumption of Drugs

3. Selling / Consumption of Liquor

4. Robbery (All Kinds)

5. Stealing / Harming of Cattle

6. Environmental Crime (Property)

7. Sexual and Inter-Familiar ViolenceAlthough there was a great deal of debate in deciding on this hierarchy, it was in the end agreed that, in the eyes of the community members present, this was the overall situation in Orinoco today. The first on the list, the lack of police, was indeed why the whole meeting had been called in the first place. The people of the town have been struggling to get police officers to stay in their community to help deal with their rising crime rates. The difficulties in obtaining these forces will be explained in later sections.Like most communities on the Atlantic Coast of Nicaragua, the level of drug consumption and commerce has risen and, along with it has created a lot of social unrest. Orinoco is a fairly isolated community, meaning that the drug problem is not seen as much as it is in other larger communities such as Pearl Lagoon. However, in my conversations with several community members, drug use has been slowly and steadily on the rise over the past few years, often leading to the increase in other crimes such as theft, as addicts look for ways to fund their habit.Drug cartels often make their way to the Atlantic Coast by sea. Shipments of drugs through the Caribbean are often intercepted by authorities, and smugglers will dump the cartel into the ocean. The currents of the Caribbean Sea are just so that these cartels often wind up in the bay or even on the shore of Nicaragua, where fishermen or pedestrians stumble upon them. These cartels are then sold for large profits. The drugs most commonly consumed in Orinoco are Crack (also known as Rock) and Marijuana.

According to Mr. Mendez Gonzales, there have been four prominent drug cartels in the municipality, one of which was dismantled in July of 2007 by the police. Violence has not particularly accompanied these drug cartels, as they have in other communities, due to the level of humility of the people in Orinoco, which makes the dealing easy to manage. He then goes on to say that [the drug dealers] know that where they are, the people are not going to report them. Oftentimes, when drug activity is high in the community, so too will be police activity. At these times, police may conduct early-morning sondeos, which literally translates to a sounding. The police will raid a house known to harbor drug cartels and take the offenders off to Pearl Lagoon or Bluefields, to the headquarters. Before the sondeo, police might come disguised as civilian tourists. They will walk around the community, appearing to look for cell phone signals, but in fact will be taking pictures of the area.

Despite Mr. Mendez Gonzales comments, drug use is not by-and-large tolerated in Orinoco, which might be part of the reason why the levels of drug use have not matched those in the neighboring communities. Families harboring drug dealers or addicts tend to not support the individual, and have often sent their own family members to jail. Orinoco has been active in fighting its drug problem, using everything from families and peers to the church and NGOs to attack the crime.The third point in the hierarchy is the consumption of liquor, a highly contested problem in the community. One of the reasons why this is such a hot point of discussion is its cultural significance. The consumption of Gifiti and Casousa, two home-made rums, is a highly regarded tradition by many Garfuna in the community. It is said to have spiritual and medicinal qualities, and has been used for decades in these practices. The drinks are very strong, and considered by the community to be important cultural relics. The problem, however, has a few folds to it. First of all, the drink is very easily made, obtained, and consumed. It is practically free in the community and children as young as eleven have had access to it. This has lent itself to a trend of alcoholism in the community. The problem in combating it is that a lot of people look at the consumption of Gifiti and Casousa with prideas homage to their ancestors. And, like most substance abuse, it is often accompanied. Mr. Mendez Gonzales says, Another situation that affects [the community] a lot is the disproportionate consumption of liquor, especially with the youth today, from a young ageand is often accompanied with drugs, creating an environment of crime In the altered state of mind when under the influence of drugs and alcohol, the crime rate has indeed increased as well.Fourth on the list is robbery, which includes armed, forced, breaking and entry, and all other kinds of theft. Again, the community mostly associates this with the consumption of drugs and alcohol, and the need to continue supplying oneself with substances. The amount of violent robbery in the community is comparatively low, but is currently at a never-before-seen level. As aforementioned, the level of theft rises and falls with the amount of drugs in the community. Registro Civil Delia Sambola Colindres told me, The moment there are no drugs, the boys are really good. As I will discuss later on, theft tends to cause the most discomfort within the community, as (with the lack of police in the community) it is the hardest to combat.The fifth point on the list is referred to abigeato, which can be described as the murder of, or theft of, someone elses cattle. This is a problem I had not even heard about until this meeting, which took place toward the end of my investigation in Orinoco, partially (I feel) because this affects the people who live more on the outskirts of Orinoco, in the bush. Cattle are pretty much free to roam the community and graze on its communal property. Around 6:00pm every night, cattle will amass on the cancha or field in the middle of the community and graze until they sleep. At times, these cattle come into other peoples property and eat what little crops they are growing for themselves. At the meeting, one upset member complained that her neighbors cows often came onto her property and ate her cassava. As a result, her family is almost starving to death. She expressed the desire to kill and eat the cow as collateral, which is in fact illegalthe correct practice is to go to Pearl Lagoon and report the damages, at which time the owner of the cattle will be held responsible to pay for. This, as we will see, is part of the complication. Another common problem with abigeato is that, because the cows roam so freely, some community members will brand cows that are not theirs, effectively stealing them. It is nearly impossible to recognize one cow from another, and so people commonly lose cattle this way.

Number six on the list is environmental crime, which mostly comprises of the removal of sand from the shore to use on ones property, disputes over property lines, and the burning of trash on someones property. There was not a lot of time devoted to the discussion of this crime, which makes its position on this list curious as we move to the final crime.The community decided that sexual and inter-familiar violent crime was the least prevalent problem on the list. Yet, I found that this was something people decided to speak to me about often, unprompted, and at length. Indeed, this conversation took up the majority of the community meeting as well. The difference, and perhaps reason why it was placed at the bottom of the list, is the perception of the crime in the community. Teenage pregnancy (thirteen and older) reached an all-time high of five cases this year in Orinoco. The debate is whether there is violence involved, or if its the choice of the people involved. The overwhelming consensus of the community seems to be that this is what the children, specifically the girls, wantto have unprotected sex and have children, eventually dropping out of school. It is often attributed to the lack of education, as well as the lack of parental responsibility being exhibited in the community.Ms. Sambola Colindres was the only community member I spoke with who felt differently. I dont know how much my people see things, she tells me in an interview. In her point of view, the majority of young pregnancies in the community have been the combination of a few things: the rising consumption of drugs and alcohol has created a lot of disrespect amongst the boys, who bully and intimidate (sometimes with violence) the girls into sleeping with them. According to Ms. Sambola Colindres, the boys feel theyre just trying to have a good time. In A brief interview with community youth Jerry Sambola, I asked him if the younger folk of Orinoco want a police force as well. He told me no, because [the boys] think the police will come and jail them for having a good time.

In the opinion of Ms. Sambola Colindres, the girls are unaware of their rights, have insufficient sex education and, dont feel comfortable going to their own parents about it. Its this its ok attitude; theyre afraid to romper el silencio [break the silence]. When I asked Ms. Sambola Colindres how she could be so sure, especially since she was the first one in the community to provide me with this point of view, she responded with, Well, theres no father after the birth. How is that not abuse? And it was truenever once had I seen one of the new, young mothers accompanied by a young man. In several cases, I heard that the girl had to drop out of school to take care of the baby, whereas the father was not involved at all, often continuing his education.

Enforcement

The current structures in Orinoco have undoubtedly been struggling to control the rising crime in the community. Aside from the structures of the Communal Government, there are other groups looking after the community. As aforementioned, this includes the Churches, NGOs and the community itself. I will now go through the structures and analyze the difficulties they have had in maintaining the peace.

In terms of the Communal Government, the responsibility of social justice usually falls on the Communal Judge and the loosely-affiliated Board of Mediators. Felix Sinclair Colindres is the community-appointed Communal Judge. His post is an old, traditional, and widely respected one, ensured to the community by Law 445. He tells me that, a long time ago, the Communal Judge had a lash whip. He was the police and the Judge. However, this is not the case anymore, with the Nicaraguan Supreme Court ruling on the CPP (Cdigo Procesal Penal or Criminal Code of Procedures) which separated the power of the judge to make decisions and carry out those decisions. Therefore, the judge had to put down his whip.

Now, in order to enforce his decisions, the Judge must rely on two things: the compliance of the aggressor, and the police from Pearl Lagoon. Both have presented great problems in law enforcement in Orinoco. In terms of compliance, the Judge can issue all the court dates and administer all the fines he wants, but without police in the community to enforce them, the criminals know they can often get away with just not going. And in terms of relying on the police themselves, it is often difficult to bring them all the way from Pearl Lagoon for crimes such as theft, due to economic restrictions. Not to mention, as Community Leader Victoriano Sambola told me, [the criminals] know if the police are called, they will have enough time to run and hide in the bush.

The Board of Mediators can handle some crimes, but is completely optional for the victim and the criminal. If the victim decides they dont want to get the law involved, they can try and resolve the problem with the criminal themselves. Yet, once again, this relies on the compliance of the criminal in going to the Board of Mediators. And if they cannot resolve it there, it can go on to the Judge, where the aforementioned problems exist as well. Whats more, the Board of Mediators is not endowed with any legal powersit is a purely civilian structure.The Churches have historically had a large role in society in Orinoco as well. Of the four churches in Orinoco, I was denied interviews by two of them (Anglican and Roman Catholic) due to an internal conflict involving their shared Pastor while I was in the community. I did, however, have a chance to talk with Pastor Demsey Gonzales of the Pentecostal Church and Pastor Danny Rankin of the 7th Day Adventist Church, about their experiences with social justice in community, including their perceptions of the role of the churches.

Mr. Gonzales, who has had eight years with the Pentecostal Church in Orinoco, came to his position because he wanted to help [his] community through being Christian. He stressed the need to preserve the lifestyle of their Ancestors, one he characterizes as placing great importance on friendship and love. Families used to look after each other, even discipline each others kids if necessary. He leans forward and tells me, We need to take care of this way of living because it is what made us where we are right now.

In Mr. Gonzales point of view, the biggest crimes in the community are teen / pre-marital sex and the consumption of drugs and alcohol. He sees the Church as having a very important role in taking care of society and steering the people away from these vices, but as of late, the church does not have a good enough amount of people in it to really effect the community. As the community has grown, less people are attending church, thereby crippling its impact on the community. Due to this, Mr. Gonzales has decided to just focus on the groups of people he does have to try and spread messages of virtue throughout the community. A lot of focus is placed on the youth, mostly through sports teams which are sometimes coached by church members. I try to spend the first fifteen minutes before a game or practice to speak to the young people, Mr. Gonzales says, in an effort to steer the communitys future in the right direction. Me alone, Mr. Gonzales says, I cannot do it. He is preparing the church to get more involved in sports, and really try to reach the kids.In the opinion of Mr. Gonzales, one of the biggest reasons why crime has been on the rise in Orinoco is the lack of education the youth are receiving. He attributes this to the difficulty of finding a job after school, which discourages the kids from continuing their studies. If you dont have an education, than youre ignorant to everything in life, Mr. Gonzales says. This ignorance is what leads to violence, as people look for easy ways to make money, especially when they fall into drug addictionI really see education as one of the most important things to counteract violence in Orinoco, Mr. Gonzales tells me. The lack of education really comes in with teen pregnancy in Mr. Gonzales point of view. The child limits the teenager, taking them out of school. Furthermore, it complicates the already difficult economic situation of many families in Orinoco, as there are more mouths to be fed.

The consumption of liquor is also an important factor to Mr. Gonzalesthe intersection of cultural values and abuse. He stresses a then-and-now point of view, contrasting the level of respect and honor in drinking Casousa in the times of their Ancestors, whereas now, the drinking has gotten out of control. Back then, you had to be twenty-five years old to hold a pint of Casousa you had to be a man it was a different system, Mr. Gonzales says. In his point of view, people use the cultural aspect of drinking Casousa as an excuse to hide behind their problems. He tells me about how it interferes with work and family life, again, furthering the difficulties of economic life in Orinoco. He feels that the Garfuna should make the drinking of Casousa part of their history, noting the necessary change in lifestyle that caused its disappearance. People go beyond the limit, he says, and the only thing to calm them down is the police.

When leaders of the church speak, people respect us, Danny Rankin, Pastor of the 7th Day Adventist Church tells me. He opines as well that the church plays a large moral role in the community, and is very concerned about the social as well as the spiritual when it comes to the lives of those in his community Most of the violence in crime that goes on has been because of a lack of knowledge, Mr. Rankin tells methe same explanation provided by Mr. Gonzales. This ignorance effects the decision making of community members, and, as Mr. Gonzales also said, all begins with the youth. Its good to work at the problems from the lowest part, before it gets too big, Mr. Rankin says. He continues, there is a phrase that says: when a tree already grow, its difficult for you to twist it, but when its small, you can get it to grow right so it will receive the sufficient light. His church provides workshops on Tuesday nights on youth themes such as courtship, matrimony and dating because, in his point of view, the pre-marital teen sex is the biggest problem in the community, if not around the whole world. He faults the lack of care parents are currently taking in the community, saying that good society comes from good family, and whenever parents are really concerned about their children, yes, we will have a better community. The most important thing to do, Mr. Rankin tells me, is to keep the mind active. When the mind is active, he says, its difficult for you to really do things out of line when you are idle, the Devil and other agents of the Devil will catch you.

Aside from sex, of course, is the consumption of drugs and alcohol, which he, as Mr. Gonzales had, attributes to the rising level of violence in the community. [Drugs] mashes up the brain, and the brain gets weak, and after the brain gets weak, it tends to do violence, says Mr. Rankin. He tells me about a brother who has a drug problem, and how he can see the difference in his attitude and level of placidity between his sobriety and inebriation. Like Mr. Gonzales, Mr. Rankin gives me a then-and-now point of view of the community:

[Before,] people would usually leave their things out, like for example ten or fifteen years ago I can remember you could leave your clothes outside all day and all night and dry your fish outside, but after the drugs came in, then people could not really take this type of chance

This includes the consumption of Gifiti, which Mr. Rankin says will not bring anything positive in life. He provides another anecdote, this time telling me of his own father, who would treat his mother very differently when he was sober than when he was drunk. He notes that the consumption of liquor is very unhealthy, telling me people have died from drinking too much Casousa. What is good tradition we should keep, and what has something to do with harm towards the soul we should stop, says Mr. Rankin, a similar answer given to me by Mr. Gonzales.

Mr. Rankin believes strongly that Orinoco needs a police force, although he wishes it wasnt so. He contributes the difficulties as well, like Mr. Gonzales had, to population growth in the town. He remembers when there were about two hundred inhabitants and the judge used to be able to handle law enforcement. But now, with over 1,500 residents, its becoming too difficult, not to mention the fact that people dont always get the response they expect [from the Judge], hinting towards the growing difficulty in maintaining the confidence of the community in the current communal structures.Mr. Rankin stresses the need, as well, for the community leaders to be closer to the community. This will be important in avoiding corruption, a problem that is abusing the trust of other communities with police forces in the area. It will be good for the communal structure, along with the regional councilmen of the community to work together with the police and by doing so I believe we can establish a really efficient job in the community. The lack of unity in the community, Mr. Rankin opines, has been the biggest problem in maintaining control of crime. He believes the Communal Judge, along with the rest of the Communal Government, need to work much more in accordance, as the lack of communication inhibits the structures from all working towards a common goal.One of the interesting things I noticed throughout my interviews with the Churches was that when I asked the Pastors what the biggest crimes afflicting Orinoco were, they both mentioned teen sex and pregnancy first and foremost. If this is the case, why was the crime placed last on the community hierarchy? This is an important distinction to make, as we need to focus on the perception of law and order in the society, and what they hope to get from the police they are trying so hard to acquire. According to statements by Sub-Commissioner Mr. Mendez Gonzales in both the community meeting and our interview, sexual intercourse and teen pregnancy is not illegal in Nicaragua between two minors. This is furthermore not a crime because the community believes that the sex is consensual.

Of the NGOs involved in the community, perhaps one of the most apparent is AMC, who handles almost all of the communitys health education. However, aside from this, they have formed what I mentioned earlier as The Pastoral Committee. AMC Promoter for Orinoco Tisla Omeir is the representative for the committee, and travels with them to the municipal meetings. These organizations help the local churches pool together thoughts and ideas to combat crime and other social problems within their communities. Ms. Omeir says that they are striving for a Godly way of prevention, using their collective influence over the community to reach as many people as possible. According to Ms. Omeir, the committees have been fairly successful in the promotion of agendas, as she has seen the information passed along beyond congregations. The group meets for two hours (or more, if needed) every Wednesday to discuss problems. To help, AMC provides training in the area of social progress. Orinoco only sends one Pastor to save money, who returns and bestows his new knowledge upon the others.Ms. Omeir also joins the chorus of voices who say that Orinoco desperately needs a police force. If we live good with each other and be conscious, she tells me, we wont need a force. But we got plenty unconscious. She tells me that drugs and theft are the biggest problem, because the easy work is easier than the hard work. In an effort to combat these problems, the churches have agreed to have their congregations pray and fast for three days in the name of social change.

Finally, the community itself has realized that it needs to take control of the rising crime problem as well. As aforementioned, families do not tend to harbor criminals. Community Leader Victoriano Sambola tells me that neighbors watch over one another, and sometimes groups of men band together to confront people who are causing trouble. He stresses that one of the reasons why crime has not gotten as out of hand as it has in other communities is that Orinoco is extremely unified, and the people do not want the drugs in their homes. However, taking the law into ones own hand isnt always the best idea, as can be demonstrated through the crime of abigeato. Mr. Mendez Gonzales sums it up, saying, In short, the people here in Orinoco can use any kind of violence (to defend themselves / enforce the law). The only thing they cant do is kill someone.

In the end, all problems lead to the want and need to report these crimes to the National Police in Pearl Lagoon. The people really feel that what little presence of the police there has been throughout the years has made a big impact on the level of crime in the community, and that a solidified presence would eliminate their problems. However, as we will see, there are some obstacles in bringing them in.

Bringing Home Police

The people of Orinoco have spoken: they want their own police force in the community to help combat the rising crime rate. Theyve contacted the municipality and told them of their wish. But it hasnt been as easy as just having them show up. Many obstacles lay in the way and have frustrated the process over a few years now. The debates have multiplied and gained intensity: what is every Nicaraguan communitys right to justice in reality? Who bears the responsibility for providing the community that justice?The inherent problems in bringing a police force to Orinoco surfaced for me during the community meeting, so I will begin by relating the experience. During the meeting, the community began to talk about the issue of being robbed, and the difficulty of reporting the crime to Pearl Lagoon. We have to pay to get the police to come, said one upset community member.

It is necessary to dissect this sentence, however, to understand the situation completely. Literally, its as if the community must make some sort of sacrifice to get the police to come; its as if they are implying that the police need money to coerce them into coming. However, what was intended was that Orinoco community members had to pay for the petroleum to go to Pearl Lagoon and report the crime or pay for the petroleum so that the police could come to Orinocosomething out of both parties hands. Yet, in a way, its both of these things. The community does have to make a sacrifice to get a protection granted to them in the constitution. However, the police lack the federal funding to make these trips, and so someone has to pay for that petroleum. That someone is the community member, essentially paying for the pursuit of justice.

What makes matters worse is that, if a community member decides to go far enough to bring the police all the way from Pearl Lagoon, often times theres not enough evidence or testimony to make an arrest. So, after paying for the police to come all the way out there, enough time has passed that any relevant evidence and testimony that may have been there is no longer available. A good example would be the crime of abigeato. It wouldnt be worth the money to travel all the way to Pearl Lagoon to file a damage claim to receive moneythe victim would most likely lose money or break even. And if they have cattle stolen through branding, what evidence can they possibly provide days later? Also, the response they often get from the police is not perceived as adequate enough. Mr. Mendez Gonzales told me:

The people think that the police should be violent with the criminals, but the Criminal Code of Procedures doesnt permit it, and the punishment that the criminal receives on the behalf of the community is his repentance

The community then wonders if its worth calling upon the police to solve their crimes or if they should enforce law on their own and arm themselves.Indeed, one of the biggest limitations of the police is the petroleum. The department receives funds for calls relating to drugs, but not to any other crime. According to Mr. Mendez Gonzales, it takes about one hundred and fifty liters of petroleum to go to Orinoco from Pearl Lagoon on a panga. If there was a road to Orinoco, the expense would be much smaller. But due to this lack of funding, their hands are tied. The police say that the community needs to realize the limitations they have to work under, and that they need to contribute in order to make the system work. Mr. Mendez Gonzales told me during an interview that it is a right that all citizens haveto have the ability to call the policebut in this particular case of Orinoco, the people have to contribute economically with the police to be able to enjoy that right.

The response of a community member during the meeting sums up the conflict: The police need to tend to our needs regardless. This is indeed the major obstacle in Orinocothe one thing really standing in their way. With a potential police force of one National Police officer (mestizo) and two volunteers (Garfuna), Orinoco would only have to pay C$ 400 a month. Ms. Rebecca Arana, community member and owner of Hospedaje Arana, is feeding the National Police officer for six months free. Theyve managed to pay the other C$ 300 via the Mayor of Pearl Lagoon.

Even so, the police officer will only be making a half salary, something the Pearl Lagoon department agreed to do to help facilitate the process. Orinoco is ours, one community member exclaimed at the pinnacle of the argument. It should be about what I should do to maintain peace in my home. Lets look on ourselves to put something in. But the pessimism remained. Is it worth it? one asked. These [crimes] still happen in communities whether police are there or not. After Mr. Sambola asked if anyone was willing to make a donation to the cause, nobody stepped forward, so the community decided to put a donation box at La Casa Gubernamental.

One thing Orinoco attempted to do to facilitate a police force in their community was to find two volunteers. In order to avoid the corruption that has plagued other communities in a similar position, Orinoco will rotate the Garfuna members every fifteen days to Pearl Lagoon and back, effectively training them while making sure they dont get too comfortable or that the National Police officer doesnt get too comfortable with them. I asked several people from all different sectors of society why they thought it has been so hard to find volunteers to train as police and protect their community. It seemed especially odd to me due to the immense amount of pride the Garfuna take in their village.

I first asked Johnny Hodgson, General Secretary of the RAAN (Regin Autnomo del Atlntico Norte or Autonomous Region of the Northern Atlantic) and RAAS (Regin Autnomo del Atlntico Sur or Autonomous Region of the Southern Atlantic) for the FSLN (Frente Sandinista de la Liberacin Nacional or Sandinista National Liberation Front). He is one of the premier scholars on the Autonomous Atlantic Coast of Nicaragua, and I spoke with him about his thoughts on the social justice situation in Orinoco.When I asked him about why its been difficult for Orinoco to put forth volunteers, he simply said, the Garfuna have no attraction to police. He told me it wasnt in their vocation to have military tendencies, especially after the Revolution. For them, Mr. Hodgson tells me, its a job, not a conviction. He told me the Garfuna werent used to the military rigidity of the police forcetheyre a very free people. He also cited the possible feeling of alienation in such a position. For instance, during the Garfuna celebration, the volunteer police officer wouldnt really get to participate (i.e. consume alcohol) because hed be working.

Communal Judge Felix Sinclair Colindres had some similar reasons, focusing mostly on the military aspect. The mostly mestizo military structure of the National Police seemed intimidating to the people. As Mr. Sinclair Colindres put it, they know that joining up with them is attempting to die quick.

Community Leader Victoriano Sambola says that the volunteers are scarce because they would be just thatvolunteers. With economic life difficult enough in Orinoco, taking time from fishing to work as a police officer is something many members of the community arent willing to do.Registro Civil Delia Sambola Colindres says its much more than the rigidity of military and police life. The demands of being a police officer are great. The classes and training are intimidating due to the limited education offered in Orinoco. Its also been difficult for the community to recommend anyone because everyone knows everyone elses business too well.

Sub-Commissioner Facundo Alejandro Mendez Gonzales told me the problem wasnt getting volunteers. The problem was that there werent enough National Police to begin with. He attributed this back to the lack of resources:

The policemans pay is less than the minimum salary authorized by MITRAB [Ministerio de Trabajo or Department of Labor]; they make C$ 1,700. The people dont want to work for that salary because it wouldnt be sufficient to survive. They also complain about the distances theyre sent to work, which are very far.

However, in terms of volunteers, he feels that the language factor would be the most difficult thing, as the classes are in Spanish, and the people of Orinoco mainly speak Creole.

Thus, the problem in Orinoco boils down to the conflict between rights and reality. They have the right under the constitution to the protection of justice. But the reality of the situation is that economic circumstances have prohibited direct access to this right. Orinoco is thus at an interesting crossroads, where they need to decide whats more important: principal or protection? ORINOCO OF TODAY & THE FUTURE CONCLUSIONAs I mentioned before, Orinoco is now waiting for the C$ 400 that stands between it and police presence. Two volunteers have been found and a National Police Officer is standing by, waiting for word. The community has fixed up La Casa Gubernamental for the police to live in, adding a new latrine outback. The jailhouse has been cleaned out, although it looks as though it could fall over any day now, crumbling in disuse.Orinoco has proven the effectiveness of police presence in controlling community behavior. When the police came for the Garfuna festival, despite the large amount of alcohol consumed, the people contained themselves. Only one man was arrested and put in the jailhousea mestizo man who got drunk and hit his wife. He was let out the next morning. Other than that, no one was held in custody. Both the Police and community reported no visible drug use. And with the sondeos, drugs are slowly being erased from the community. Mr. Mendez Gonzales hopes that, if there are police in the community, it will be easier to get deep into the cartels and break them up further, from another angle. It would be hard for me to imagine a community as unified as Orinoco to not work this conflict out. In all my conversations, formal and informal interviews, people expressed the fact that one day there will be a police force in Orinoco. The terms are the problem.However, the perception of crime is going to be an important consideration in the potential betterment of the community. The rising rate of teen pregnancy seems to be largely excused as the fault of lustful young girls. This refusal to go deeper into the problem will foment sexual and interfamilial violencea difficult problem to root out. If this is the case, the presence of police will not change the rate of teen pregnancy as it will not be denounced. The community doctor currently is working with Ms. Sambola Colindres to not only educate the youth as well as the parents about their personal rights, but to also improve sex education, as that which is provided by the school is not considered to be adequate.

What Orinoco does seem to have together is well thought out defense against corruption, a problem that has severely compromised the effectiveness of social justice in other communities in the Pearl Lagoon Municipalitya surprisingly organized measure to take considering they havent even cemented the police presence in the community. When interview subjects were asked about their opinion of the possibility of corruption happening in the community, many were unconcerned because they had pre-empted it and placed a lot of trust in the unity of the community. Through the Comisin de Delitos which includes many watchdog groups like CEDEHCA and MARENA, as well as the fifteen day rotation of police and the close working relationship they would have with the Communal Government, a lot of thought has been put into the defense. The community seems to have everything together; all they are missing is the police force itself.Indeed, this problem is one that is affecting other communities on the coast, in Nicaragua, and in other countries around the world. It is a governments responsibility to prioritize, allocate resources efficiently and provide for its constituents. It will surely be interesting to see if, in the future, Orinoco receives a police force and how it will farewill it control the problems that afflict the community, or will corruption set in like it has in other communities in the Pearl Lagoon Municipality? Hopefully, further studies will expand on struggles for social justice such as this one.Id like to thank the wonderful community of Orinoco, Miss Rebecca Arana & Hospedaje Arana, Johnny Hodgson, Judge Felix Sinclair Colindres, Pastor Demsey Gonzales, Pastor Danny Rankin, Sub-Commissioner Facundo Alejandro Mendez Gonzales and the Pearl Lagoon Municipal Police, Tisla Omeir, Registro Civil Delia Sambola Colindres, Jerry Sambola, Aynn Setright, Guillermo Prez Leiva & SIT, Rachel Kennemore for taking care of me when I was sick, and anyone else who so generously went out of their way to help me put this work together.

APPENDIX (A) Map of Government Structure in OrinocoCommunal GovernmentPresident / Community Leader

Vice President

Secretary

Treasurer

Vocal (1&2)

Fiscal

Communal Judge

Board of MediatorsAPPENDIX (B) PhotographyAll photos taken by Brian Sonenstein

Title page photo: Welcome Sign for 19th of November.

Orinoco Jailhouse

The Rights of Indigenous People and Ethnic Communities

(Posted at end of wharf)

Boat arrives with visitors for Garfuna Festival

Panga next to the wharfAPPENDIX (C) Map of Pearl Lagoon Basin

Image From: The International Development Research Centrehttp://www.idrc.ca/IMAGES/books/925/taking_care_15_0.jpg

BIBLIOGRAPHYPrimary Resources

Asamblea Nacional de Nicaragua. Constitucin Poltica de la Repblica de Nicaragua. 1985. Authors translation from Spanish.Ayuda Popular Noruega (NPA). Orinoco, Cuenca de Laguna de Perlas, Regin Autnoma Atlntico Sur: Programa de Rescate Cultural Garfuna. Bluefields: La URACCAN.Community of Orinoco. Orinoco. Managua: La URACCAN, 2007.

Davidson, William V. The Garfuna of Pearl Lagoon: Ethnohistory of an Afro-American Enclave in Nicaragua, Ethnohistory 27, no. 1 (1980): 31-47, http://www.jstor.org.

National Assembly of the Republic of Nicaragua. Law 445: Law of Communal Property Regime of the Indigenous Peoples and Ethnic Communities of the Autonomous Regions of the Atlantic Coast of Nicaragua and of the Rivers Bocay, Coco, Indio and Maiz. Office Daily No. 16 "La Gaceta", Managua, 2003.

Repblica de Nicaragua. Garfunas en Nicaragua. Ministerio de Relaciones Exteriores. 11-13 November 2005. http://www.cancilleria.gob.ni/garifuna/documentos/Garifunas%20en%20nicaragua.doc (28 November 2007). Authors translation from Spanish.

Secondary Resources

Colindres, Felix Sinclair, Communal Judge, interview by Brian Sonenstein. Crime and the Judge (11 November 2007).

Gonzales, Demsey, Pastor of the Pentecoastal Church, interview by Brian Sonenstein. Crime and the Church (14 November 2007).

Hodgson, Johnny, General Secretary of the RAAN/RAAS for the FSLN, interview by Brian Sonenstein. The Struggle for Social Justice in Orinoco (8 November 2007).

Mendez Gonzales, Facundo Alejandro, Sub-Commisioner for Pearl Lagoon Municipal Police, interview by Brian Sonenstein. The Limitations of Social Justice in Orinoco (22 November 2007). Authors translation from Spanish.Omeir, Tisla, Promoter for Accin Medica Cristiana, interview by Brian Sonenstein. The Pastoral Committee (21 November 2007).

Rankin, Danny, Pastor of the 7th Day Adventist Church, interview by Brian Sonenstein. Crime and the Church 2 (15 November 2007).

Sambola Colindres, Delia, interview by Brian Sonenstein. Sexual and Interfamilial Violent Crime (21 November 2007).

Sambola, Victoriano, Community Leader, interview by Brian Sonenstein. Justice Structure in Orinoco (20 November 2007).Participant Observation19th of November Garfuna Festival. 16-19 November 2007, Orinoco, Nicaragua.

Community Meeting with Sub-Commissioner of Pearl Lagoon Municipal Police, Facundo Alejandro Mendez Gonzales. 22 November 2007, 7:00pm on the Cancha, Orinoco, Nicaragua.Directive Board (Assembly)

Nicaragua. Ministerio de Relaciones Exteriores. Garfunas en Nicaragua. (Corn Island, RAAS: Jefe de Estado y de Gobierno de Centroamrica y del Caribe, 2005), 2. http://www.cancilleria.gob.ni/garifuna/documentos/Garifunas%20en%20nicaragua.doc.

See Appendix C for a map of the region.

Ayuda Popular Noruega (NPA), Orinoco, Cuenca de Laguna de Perlas, Regin Autnoma Atlntico Sur: Programa de Rescate Cultural Garfuna (Bluefields: La URRACAN). Authors translation.

William V. Davidson, The Garfuna of Pearl Lagoon: Ethnohistory of an Afro-American Enclave in Nicaragua, Ethnohistory 27, no. 1. (1980): 33, http://www.jstor.org.

Ibid., 34.

Ibid.

Ibid., 38.

Community of Orinoco. Orinoco. (Managua: La URACCAN, 2007).

All translations throughout this work were done by the author.

Ibid.

National Assembly of the Republic of Nicaragua, Law 445: Law of Communal Property Regime of the Indigenous Peoples and Ethnic Communities of the Autonomous Regions of the Atlantic Coast of Nicaragua and of the Rivers Bocay, Coco, Indio and Maiz (Managua: La Gaceta Office Daily. No. 16, 2003), 83.

Asamblea Nacional de Nicaragua, Constitucin Poltica de la Repblica de Nicaragua (Managua: Asamblea Nacional), 10. Authors translation.

See Appendix A for a diagram of the Communal Government structure.

Sambola, Victoriano, Community Leader, Interview re: Justice Structure in Orinoco. November 20, 2007, Hospedaje Arana, Orinoco.

Sinclair Colindres, Felix, Communal Judge, Interview re: Crime and the Judge. November 11, 2007, his house, Orinoco.

Pangas are small passenger motor boats used for transportation from port to port in the lagoons and rivers. See Appendix B for an image.

Mendez Gonzales, Facundo Alejandro, Sub-Commissioner of the Pearl Lagoon Municipal Police, Interview re: The Limitations of Social Justice in Orinoco. November 22, 2007, La Casa Gubernamental, Orinoco

Ibid.

Ibid.

Ibid.

Sambola Colindres, Delia, Registro Civil, Interview re: Sexual and Interfamilial Violent Crime. November 21, 2007, La Casa Gubernamental, Orinoco.

Omeir, Tisla, Promoter for Accin Medica Cristiana, Interview re: The Pastoral Committee. November 21, 2007, Hospedaje Arana, Orinoco.

Mendez Gonzales.

Sambola Colindres.

Ibid.

Mendez Gonzales.

Ibid.

Mendez Gonzales.

Rankin, Danny, Pastor of the 7th Day Adventist Church, Interview re: Crime & the Church. November 15, 2007, Hospedaje Arana, Orinoco.

Sambola Colindres.

Ibid.

Sambola, Jerry, Community Youth, Interview re: The Youth and the Police. November 22, 2007, Hospedaje Arana, Orinoco.

Sambola Colindres.

Ibid.

Sinclair Colindres.

Ibid.

Sambola.

Gonzales, Demsey, Pastor of the Pentecostal Church, Interview re: Crime and the Church. November 14, 2007, his house, Orinoco.

Ibid.

Ibid.

Ibid.

Ibid.

Ibid.

Ibid.

Ibid.

Ibid.

Ibid.

Ibid.

Ibid.

Rankin.

Ibid.

Ibid.

Ibid.

Ibid.

Ibid.

Ibid.

Ibid.

Ibid.

Ibid.

Ibid.

Ibid.

Mendez Gonzales.

Omeir.

Ibid.

Ibid.

Sambola.

Mendez Gonzales.

Mendez Gonzales.

Ibid.

The community members of Orinoco, along with MARENA (Ministerio de Ambiente y Recursos Naturales / Ministry of Environment and Natural Resources), three Pearl Lagoon officers, CEDEHCA, Comisin de Drogas (Drug Commission) the Promotor de Gestin Publica (Public Management Promoter), has contributed two community members to a home-grown board called the Comisin de Delito (Crime Commission) in order to oversee and combat cases of corruption involving the police.

Hodgson, Johnny, General Secretary of the RAAN/RAAS for the FSLN, Interview re: The Struggle for Social Justice in Orinoco. November 8, 2007, his house, Bluefields.

Ibid.

Ibid.

Sinclair Colindres.

Sambola.

Sambola Colindres.

Mendez Gonzales.

See Appendix B for image.

Ibid.

Sambola Colindres.

SONENSTEIN | 40