When that stage was completed, an environmental impact assessment would be
prepared in order to obtain the environmental permit for the exploitation project. 136
128. According to the information received during the on-site procedure, the risks
associated with potential mining activities related to the contamination of a
hydrographic micro-basin that supplies both the Punta Piedra community and the
Cosuna community. 137
129. Additionally, during the on-site procedure, the Court’s delegation was informed
that the members of the Punta Piedra and Cosuna communities had not been consulted
about the mining exploration project because, according to the State, pursuant to
domestic law, in particular article 82 of the Regulations to the General Mining Law,
such consultations are carried out when exploitation activities are about to start, but
not prior to exploration activities 138 (infra para. 221).
F. Complaints filed at the domestic level as a result of the conflict
130. The occupation of part of the territory belonging to the Punta Piedra community
by the inhabitants of Rio Miel gave rise to a land tenure dispute between the two
communities and, consequently, to a conflictive situation that then resulted in violence
in the area, characterized by threats and harassment by the peasant farmers. 139 This
conflict led to the death of a member of the Punta Piedra Garifuna community, Félix
Ordoñez Suazo, on June 11, 2007. The State was informed of this situation in
documents issued by INA and other authorities, as will be described in the
corresponding section of this judgment (infra paras. 271 and 276).
131. Furthermore, even though, during the on-site procedure, the inhabitants of Rio
Miel indicated that their relations with the “Punta Piedra brothers” were peaceful, the
representatives indicated in their observations on the visit that “it [was] not true that
there [was] harmony between the communities” and that “the sense of security during
Cf. “Consolidated Annual Financial Statement, DAC-2014,” prepared by CAXINA S.A., mining
corporation, on January 27, 2015 (merits file, folio 760).
137
Cf. Video of the on-site procedure of August 25, 2015, third segment, 14:00 min.
138
Cf. Video of the on-site procedure of August 25, 2015, fourth segment, 01:00 min.
139
In this regard, during the public hearing in the case, Lidia Palacios, member of the Punta Piedra
Garifuna community, stated that “[the threats were] made by the invaders, the death threats and the
constant threats, are from invaders, outsiders. Several friends and people in the community have been
threatened. Our children also, because they are armed; they shoot at us and make us nervous […]”; there
were constant [threats], since they passed by and shot at us in order to scare us; therefore, we feel
threatened, because they do not threaten us verbally, but use their weapons and for us, that is a direct
death threat; that’s why we say this, also this is why we are afraid and can no longer use our lands.” Cf.
Statement by Lidia Palacios during the public hearing held before the Inter-American Court on September 2,
2014. Also, Doroteo Thomas Rodriguez, member of the Punta Piedra Garifuna community, stated during the
public hearing that, “as a result of that invasion, we lost the harmony we used to have in our community,
because before the invasion, we lived peacefully, there were no problems. But, with the invasion, the
community began to feel afraid due to the threats and intimidation […].” Cf. Statement by Doroteo Thomas
Rodriguez during the public hearing held before the Inter-American Court on September 2, 2014. Similarly,
various members of the Punta Piedra Garifuna community stated in affidavits that they continued to receive
threats from third party occupants, who harassed them and kept them in a constant state of fear because
the latter were always armed. Cf. Affidavits provided by Dionisia Ávila Castillo and Antonia Bernárdez Suazo
on August 20, 2014, and by Santos Ávila Castillo, Santos Celi Suazo Castillo, Edito Suazo Ávila and Paulino
Mejía Castillo on August 21, 2014 (merits file, folios 465, 481, 476, 478, 479, 489, 494 and 495,
respectively). In addition, in a public statement, OFRANEH indicated that “[t]he conflict has lasted over 15
years, exacerbating race relations and fostering violence, without the Honduran State having taken any
relevant steps to date to resolve the territorial problem that afflicts the Garifuna community […].” Cf. Public
statement by OFRANEH of June 12, 2007 (evidence file, folio 13).
136
39