41 and execution of tourism projects and mega projects that would allegedly directly affect the Community and were even being executed in its ancestral territory. 159. As attested in foregoing paragraphs, ancestral lands of the Community were sold by the Municipality to IDETRISA for the “Club Marbella” tourism project. According to information provided by the 197 198 parties, that company arranged with the IHT, the Secretariat of State for the Environment, and the 199 Tela Municipality, to obtain the permits needed to execute the project. Furthermore, as the IACHR previously ascertained, following a contract entered into with the Municipality, construction has resumed in the area inside the ancestral territory of the Community. 200 160. At the same time, according to information provided by the parties, as of August 2005, a tourism mega project was being implemented in Tela Bay called “Los Micos Beach & Golf Resort” or 201 “Tela Bay.” On August 4, 2005, Executive Decree No. PCM-022-2005 was published, containing the President of the Republic’s order to establish and demarcate the “Tela Bay Special Treatment Area,” 202 “with a primarily tourism-oriented approach,” in order to improve implementation of the project. 161. In that regard, the State asserted that the tourism development master plan for the area, worked out in the 1970s, was “shown to and agreed upon by the main stakeholders in the area,” which include the Triunfo de la Cruz Community. It added that one of the commitments undertaken was to grant the Garífuna communities a 7% share and to allow the Community Councils representation as partners of 203 the project. The State affirmed that an environmental impact assessment (hereinafter, “EIA”) had been prepared and that it “went through a [series] of consultations, reviews, and environmental audits, which 204 meant that the EIA improved to a point at which it was acceptable.” The State also pointed out that the “communities affected” by the project participated in the EIA consultation process and “they reached the conclusion that the EIA covered the most important aspects to be considered, so that they agreed to 205 accept it.” groups and social level are unforeseeable, unless there is respect for the right of said communities to life and respect for their ancestral habitat.. Annex 5. Application for full ownership title to 600 hectares, dated August 28, 1997. Application file No. 47891, with the National Agrarian Institute, pp.1 and 2. Appendix 8 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006. 197 Annex 10. “Analysis of the Garífuna Communities Applications for Full Ownership” produced by the Honduran Tourism Institute on April 23, 1996. Annex 24 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 198 According to a certificate issued by the Secretariat of State for the Environment, dated June 21, 1996, an application was being processed for an environmental permit for “Club Marbella” project. Annex 114. Evidence from Secretariat of State for the Environment dated June 21, 1996. Annex 28 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. Annex 115. Technical Report No. 186/95 from the Secretariat of State for the Environment dated August 25, 1995. Appendix 17 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006. 199 According to the information at the IACHR’s disposal, on January 15, 1996 the Municipality of Tela granted that company a construction permit, which was later cancelled. Annex 116. Communication from the Mayor of the Municipality of Tela to El Triunfo Investments and Development Ltd on June 12, 1996. Annex 27 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 200 According to the fourth “Whereas” paragraph of Executive Decree No. PCM-022-2005 of August 4, 2005, project execution began that year. Annex 117. Executive Order No. PCM-022-2005 published on August 4, 2005. Annex 7 of the petitioner’s written communication in the precautionary measures proceedings dated August 1 st, 2005, received by the IACHR on October 21, 2005. 201 According to the information provided, because prior to the “Los Micos Beach & Golf Resort Project” there was an earlier Bahía de Tela Project for which a “Master Plan” had been presented in 1994. The petitioner’s written communication dated October 13, 2008, received by the IACHR on October 15, 2008. In addition, see Annex 118. Environmental Impact Assessment Study of the Los Micos & Golf Resort, produced by ECOMAC-CINSA. p. 1. Annex of the petitioner’s written communication in the precautionary measures proceedings dated August 1st, 2005, received by the IACHR on October 21, 2005. 202 Annex 117. Executive Order No. PCM-022-2005 published on August 4, 2005. Annex 7 of the petitioner’s written communication in the precautionary measures proceedings dated August 1st, 2005, received by the IACHR on October 21, 2005. 203 Written communication of the State dated January 4, 2008, received by the IACHR on January 7, 2008. 204 Written communication of the State dated January 4, 2008, received by the IACHR on January 7, 2008. 205 Written communication of the State dated January 4, 2008, received by the IACHR on January 7, 2008.