and customs and ensure the members of the Community to be able to continue
to lead their traditional way of life, in keeping with their cultural identity, social
structure, economic system, distinct customs, beliefs and traditions.
2. Take the necessary steps to prevent that the Garifuna Community of Punta
Piedra and its members are subject to discriminatory acts and, in particular, are
exposed to violence by third parties by virtue of their ethnic origin.
3. Adopt an effective and simple remedy that protects the right of indigenous
peoples of Honduras to claim and gain access to their traditional territories and
provide for effective protection of said territories from actions of the State or
third parties that infringe their right of property.
4. Investigate and punish those responsible for the threats, harassment, acts of
violence and intimidation, and damage to the property of the Community of
Punta Piedra and its members.
5. Redress individually and collectively the consequences of the violation of the
aforementioned rights. Especially, considering the damages caused to the
members of the Garifuna Community of Punta Piedra as a result of the failure to
clear the title of their ancestral territory as well as the damages caused on the
territory itself by the acts of third parties.
6. Adopt the necessary measures to prevent similar acts from happening in the
future, in keeping with the duty to prevent and ensure the fundamental rights
recognized in the American Convention.
Apart from the need to obtain justice, the Commission considers the case presents issues of
public Inter-American order.
Specifically, the case constitutes an opportunity for the Inter-American Court to deepen its
jurisprudence on the rights of indigenous peoples in two ways. On the one hand, it relates to the
obligation to guarantee the right to property over their lands, territories and natural resources, of
indigenous peoples, against the invasion on behalf of non-indigenous third parties. Besides, the Court
will be able to pronounce itself on the obligation of the State to create the conditions so that indigenous
peoples’ properties over their lands, territories and natural resources can be exercised in a pacific and
non-threatening manner to their way of life, social organization, uses and traditional practices.
On the other hand, it refers to the right to effective judicial protection of the indigenous
peoples, when, disregarding that they have a property title in their favor, they do not have access to
coercive mechanisms to ensure that their rights be respected against invasions and threats posed by
non-indigenous third parties.
Taking into account that the said issues affect in a relevant manner the Inter-American public
interest, the Commission offers an expert witness declaration according to Article 35.1 f) of the Rules of
Procedure of the Court:
A person whose name will be informed shortly, who will give his opinion on the obligation to
guarantee the right to property of the indigenous peoples over their lands, territories and natural
resources. The expert will further develop on the scope of this obligation regarding the invasion of the