44 169. The Punta Izopo National Park is administered by the nongovernmental organization “Protection of Lancetilla, Punta Sal, and Texiguat” Foundation (PROLANSATE), under an agreement 220 signed with COHDEFOR on November 20, 1996. 170. According to the information at the disposal of the IACHR, the area making up the Punta Izopo National Park overlaps with part of the territory historically occupied by the Garífuna Community of Triunfo de la Cruz, located in the far eastern section, and that it constitutes an area traditionally used for 221 hunting and gathering activities. Furthermore, it is adjacent to a major fishing area for the Community. 171. The petitioner claimed that the Triunfo de la Cruz Community was not consulted 222 regarding the establishment of the Punta Izopo Park. In support of that statement, she presented a document drawn up by CODETT stating: We have become aware thanks to investigations by the Committee [in Defense of the Land of Triunfo –CODETT, that Cerro Punta Izopo will be declared a wildlife protection area, when in the study carried out by the UNAH, they treat Garífunas like some kind of species of animal to be 223 researched. 172. For its part, the State pointed out that, for the establishment of Jeannette Kawas, Punta Izopo, and Cuervo y Salado National Parks a “consensus building and sharing process” was conducted, 224 especially with the communities neighboring the park. . However, the State presented no evidence to support that claim. 173. According to information provided by the parties, many zones in the protected area have been fenced off and access has been denied to members of the Community, many of whom have not 225 even tried to enter for fear of the security guards. That fear is allegedly related to the occurrence of acts Natural Resources and the Environment will rule on any form of future development in accordance with the laws in effect, regulations and other provisions of the competent authorities.” 220 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 Assessment of Legal Status and Land Tenure in the Punta Izopo National Park, Honduras], 2000. Available at: http://pdf.usaid.gov/pdf_docs/PNACM703.pdf and http://www.prolansate.org/dondetrabajamos/parque-nacional-punta-izopo; and Annex 119. Technical report by the Protection of Lancetilla, Punta Sal and Texsiguat Foundation for the study on the environmental impact of the Los Micos Beach & Golf Resort Project. September 28, 2005. Annex of the petitioner’s written communication of October 13, 2008, received by the IACHR on October 15, 2008. 221 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. 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. 83-84. Annex of the petitioner’s written communication of October 13, 2008, received by the IACHR on October 15, 2008. Annex 122. Article 6 of Act No. 261-2000 published by the Gaceta, official journal, dated March 13, 2001. Annex of the written communication of the State dated February 6, 2009. 222 Writ containing observations of the petitioner dated May 23, 2006, received on May 30, 2006 and the petitioner’s written communication dated August 16, 2007, received by the IACHR on August 17, 2007. 223 Annex 20. Document produced by the Land Defense Committee of Triunfo de la Cruz titled “La Comunidad histórica del Triunfo de la Cruz fundada el 3 de mayo de 1524 lugar donde se encuentra el histórico Cerro Triunfo de la Cruz” [The historic Community of Triunfo de la Cruz, founded on May 3, 1524 where the historic Cerro Triunfo de la Cruz site is located]”. Annex 12 of the petition initially dated October 27, 2003, received by the IACHR on October 29, 2003. p. 9. 224 225 Written communication of the State dated January 4, 2008, received by the IACHR on January 7, 2008. On this, the information provided by the parties states: “The Panel was informed by the local communities, and has found confirmation of these allegations in the Central American and Caribbean Research Council (CACRC) study, financed by the Bank, that many parts of this protected area have been fenced off and access prohibited. The members of the community of Triunfo have no access to this area, except to the ocean areas, although they claim this is land that belongs to the community. Many Garífuna residents of Triunfo de la Cruz have not visited this section of their territory for years because they are afraid of security guards. 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. 83-84. Annex of the petitioner’s written communication from October 13, 2008, received by the IACHR on October 15, 2008.