111. As a result of these measures, the State, through INA and the National Congress, took various actions aimed at freeing the territory titled to the Punta Piedra indigenous community of encumbrances. Among the actions taken by the State, two interinstitutional commissions were created (2001 and 2007); a memorandum of understanding (2006) and two special memoranda (2007) were adopted, and working meetings were held during which some agreements were signed between the state authorities, the Punta Piedra community and the inhabitants of Rio Miel. In this regard, INA undertook to assess the territory occupied by third parties to identify who was occupying the territory, the area they occupied, and the amount represented by thirdparty improvements in order to pay for these. Based on these agreements, INA carried out two appraisals of the improvements made in Rio Miel, in 2001 and 2007, 102 and tried to carry out a third appraisal in 2013; however, this could not be carried out due to opposition by the inhabitants. 103 INA also submitted requests to the National Congress and the Finance Ministry for the creation of a budget item in order to compensate the improvements established by the appraisals; however, this was not adopted. 112. Based on the above, in the following sections, the Court will analyze the steps taken to obtain clear title. D.1 Ad Hoc Interinstitutional Commission and Undertaking signed on December 13, 2001 113. On April 7, 2001, an Ad Hoc Interinstitutional Commission was established composed of INA representatives, the National Human Rights Commissioner and the Social Outreach Program of the Diocese of Trujillo, “as a conciliation and consensusbuilding body in the effort to reach a peaceful solution to the conflict” 104 between the Punta Piedra and Rio Miel communities. Accordingly, on December 13, 2001, the Ad Hoc Interinstitutional Commission, the representatives of the Punta Piedra community, the village of Rio Miel, OFRANEH and the Organización de Desarrollo Étnico Comunitario (ODECO) met in order to seek a solution to the existing conflict, and this resulted in the “Undertaking signed on December 13, 2001” (hereinafter “the 2001 Undertaking”) 114. During the above meeting, the participants acknowledged the existence of a problem between the communities of Rio Miel and Punta Piedra, a situation that no longer related solely to the land “but that now jeopardize[d] the physical integrity and property of the inhabitants of the two communities present.” Furthermore, it was recognized “that the problem [materialized] when [INA] granted a title of full ownership of 1,513 hectares to the Punta Piedra Garifuna community without having freed the land of encumbrances; in other words, paying the occupants from the Rio Miel community for improvements.” 105 Therefore, an undertaking was signed stipulating the following: (a) a peaceful and out-of-court solution to the conflict would be sought; (b) the State would be required to comply with its obligation to the Punta Piedra community to clear the land of encumbrances, paying for the improvements and Cf. Appraisal addressed by the Agricultural Researcher to the INA Minister-Director on July 23, 2007 (evidence file, folio 93). 103 Cf. INA Field report of May 9, 2013 (evidence file, folio 1454). 104 Cf. Undertaking signed on December 13, 2001, supra (evidence file, folio 31). 105 Cf. Undertaking signed on December 13, 2001, supra (evidence file, folios 30 and 31). 102 34