43
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based on an environmental management plan.
According to OFRANEH, 28 of the 46 Garífuna
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communities existing in Honduras are located in the nucleus of protected areas or in their buffer zone.
165.
The State has signed co-administration agreements with nongovernmental organizations,
giving them responsibility for supervising implementation of the environmental management plan. For its
part, the State remains responsible for overall management through the Administración Forestal del
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Estado-Corporación Hondureña de Desarrollo Forestal (hereinafter, AFE-COHDEFOR).
166.
Through Executive Decision No. 1118-92, of June 1, 1992, published on August 7, 1992,
the President of the Republic instructed the Corporación Hondureña de Desarrollo Forestal to “begin the
procedures established in the applicable laws, with a view to declaring 22 natural zones, including the
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‘Punta Izopo Wildlife Refuge’ as protected forest areas in their specific category.”
167.
On December 29, 2000, through Decree No. 261-2000, the National Congress gave
instructions to establish the “Punta Izopo” Natural Protected Area, in the national park category and to
integrate it with the National Protected Areas System of Honduras. According to that Decree, the Punta
Izopo National Park covers an area of eighteen thousand eight hundred and twenty hectares (18,820.00
hectares) and is located in the extreme north-west of the Department of Atlántida, in the Municipality of
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Arizona, Tela and Esparta.
168.
Decree No. 261-2000 establishes that “those who live in the Punta Izopo protected
Natural Area, as well as in a buffer zone and own or possess real estate shall conserve their rights but
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must strictly abide by the management plans” and that “in the event of sale the State shall have the
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right of first refusal.” For its part, Article 13 provides for “instructing the National Agrarian Institute (INA)
to grant full ownership to those currently possessing properties that are not legalized, that do not pose a
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risk to this law’s objectives and are not included in the central zone of the Punta Izopo National Park.”
Regarding the use of natural resources, Decree No. 261-2000 establishes that “the extraction of marine
and terrestrial fauna and flora and other natural resources shall be regulated” in the buffer zone of the
National Park in accordance with the management plan and objectives pursued by regulations on the
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subject.
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Annex 1. The Inspection Panel of the World Bank. Investigation Report on Honduras: Land Administration Program.
Investigation Report No. 39933-HN. June 12, 2007. pp. 85-86. Annex of the petitioner’s written communication of October 13, 2008,
received by the IACHR on October 15, 2008.
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Annex 15. Application for inspection addressed to the Inspection Panel of the World Bank. Appendix 2 of the
petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006. In addition, the petitioner’s written
communication dated August 16, 2007, received by the IACHR on August 17, 2007.
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Annex 1. The Inspection Panel of the World Bank. Investigation Report on Honduras: Land Administration Program.
Investigation Report No. 39933-HN. June 12, 2007, p.86. Annex of the petitioner’s written communication of October 13, 2008,
received by the IACHR on October 15, 2008.
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Article 1. j of Executive Agreement No. 1118-92, dated June 1st, 1992, published on August 7, 1992.
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Annex 122. Articles 1 and 4 of Decree No. 261-2000 published in the Gaceta, official journal, on March 13, 2001.
Annex of the written communication of the State dated February 6, 2009. According to the second “Whereas” paragraph of Decree
No. 261-2000, Punta Izopo “constitutes a coastal wetlands ecosystem comprising flood plains, flooded tropical forests, fresh water
swamps, peat bogs, and estuaries, which perform a function in the water cycle, absorb overflows and control the periodic flooding
from the River Lean, thereby helping to ensure water supplies throughout the year. The area also constitutes an important wildlife
refuge for many species that are threatened and in danger of extinction, as well as being a place of recreation and a tourist
attraction.” It is located just a few kilometers from the Cuero y Salado and Jannette Kawas wetlands, categorized, respectively, as a
Wildlife Refuge and a National Park. Protection of Lancetilla, Punta Sal and Texsiguat Foundation. Diagnóstico de la situación legal
y tenencia de la tierra en el Parque Nacional Punta Izopo Honduras [Diagnostic Assesmment of Legal Status and Land Tenure in
the Punta Izopo National Park, Honduras], 2000. Available at: http://pdf.usaid.gov/pdf_docs/PNACM703.pdf.
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Article 10 of Act No. 261-2000. Annex 122. Annex of the written communication of the State dated February 6, 2009.
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Article 10 of Act No. 261-2000. Annex 122. Annex of the written communication of the State dated February 6, 2009.
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Article 13 of Act No. 261-2000. Annex 122. Annex of the written communication of the State dated February 6, 2009.
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Article 9 of Act No. 261-2000. Annex 122. Annex of the written communication of the State dated February 6, 2009.
Regarding this matter, article 14 states: “Without prejudice to the laws in effect for environmental conservation of natural resources,
it is forbidden to use areas in the buffer zone in ways that pose a risk for the central area; for that reason, the Secretariat of State for