13
Land was assigned by inheritance. Parents passed it on to their children. Lots were not sold. If
someone wanted to work, he was given a piece to cultivate, growing cassava on a large scale, and
to build his dwelling. They planted crops close to the River Plátano and in Cerro El Tigre, mainly
32
cassava, banana, sugar cane and pineapple for their own consumption.
67.
The culture and tradition of the Garífuna Community of Triunfo de la Cruz are essentially
oral. However, given third parties’ interest in their territories, they had to make arrangements for titling
their lands and documenting their rights. In that way, they were obliged to alter their oral tradition and
adopt the legal mechanisms found in Honduras to support and document their claims.
68.
The Triunfo de la Cruz Community practices the following forms of social organization:
a.
The Community Council for the Improvement of the Community of Triunfo de la Cruz: Its
responsibility is to promote and organize projects, plans, and programs designed to further the
physical, environmental, and cultural development of the Community and to contribute to the
maintenance and security of communal property – the Community’s land –, through the rational
use of existing natural resources. The Community Council was granted legal standing as an
asociación civil (legally incorporated body for other than commercial purposes) and its Statute
was approved through Resolution No. 231-96, adopted by the Secretariat of the Interior and
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Justice on January 27, 1997.
b.
The General Assembly of the Community of Triunfo de la Cruz: The Assembly comprises
all [male and female] members of the Community and is the Council’s supreme deliberating and
decision-making body.
c.
The Council of Elders: This traditional body advises and guides the Community and its
organizations.
d.
The Committee to Defend the Land of Triunfo de la Cruz (CODETT): This Committee is
responsible for matters to do with the land and its officers are appointed by the General Assembly
of the Community. CODETT was established as a result of the need to defend the Community’s
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land.
C.
The process of recognizing and titling the territory of the Triunfo de la Cruz
Community and its members
69.
Starting in the mid-1900s, the Triunfo de la Cruz Community began taking steps to obtain
recognition of its rights over the lands it has occupied since ancestral times. That involved undertaking a
series of administrative and judicial actions to elicit recognition from the Honduran State and effective
guarantees to the Community’s traditional lands, within the domestic regulatory framework. According to
the evidence presented by the parties, the procedures carried out and the titles obtained by the
Community are as follows:
1.
The granting of ejido title to 380 hectares, 51 ares, and 82.78 centiares (1946 –
1950)
70.
The first action undertaken by the Community to obtain recognition of its communal lands
it occupied was the request filed with the State for an “ejido title.” According to the information provided
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Annex 2. Study by the Caribbean Central America Research Council on the “Ethnography of the Triunfo de la Cruz
Community”. Appendix 1 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006.
33
Annex 5. Certification of Resolution No. 231-96 dated January 27, 1997. Files for application with the National Agrarian
Institute No. 47891, pp.5-11. Appendix 8 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May
30, 2006.
34
Testimony of Gregoria Flores Martínez in the Alfredo Lopéz v. Honduras Case provided at the public hearing held
before the Inter-American Court on June 28, 2005.