19
the field inspection were more extensive than those for which the aforementioned title had been granted.
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It was also ascertained that numerous non-Garífuna people were occupying Community land.
90.
According to the information at the IACHR’s disposal, further field inspections were
carried out in the Community in May and June 2001 in order to “conduct the measurements and locate
the points and boundaries that the Garífunas recognize as an area in expansion.” According to the report
of June 2001, drawn up on the basis of those inspection visits, Community members identified as the land
for which they were requesting title “the entire beach area, part of the Protected Areas of Cerro Triunfo de
la Cruz and Cerro Punta Izopo, such that the outside boundaries were as follows: north: the beach on the
shore of the Caribbean Sea or Sea of the Antilles; south, the paved highway in front of Cerro El Tigre;
east, Cerro Punta Izopo; and west, Cerro Triunfo de la Cruz." The IACHR notes that, as recorded in the
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aforementioned report, at that time, there were 187 ladinos or non-Garífunas living in the Community.
The IACHR was not informed of any subsequent action taken to conclude this process.
91.
On January 22, 2001, the Community Council filed another application (numbered 57426)
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with the INA for title to the Community’s ancestral lands. The IACHR notes that this time the Community
did not mention the surface area, but instead identified the following boundaries to the expanded area
requested: “to the north, Caribbean Sea or Sea of the Antilles; to the south, telephone line behind Cerro
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El Tigre; to the east, Cerro Punta Izopo; and to the west, Cerro El Triunfo de la Cruz.” The IACHR
observes that those boundaries generally speaking coincide with the territory historically occupied by the
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Community.
92.
According to a memorandum of July 5, 2001, INA’s Department of Land Registry and
Measurement took measurements, “witnessed by… the Council, members of the Community and
persons from land bordering on the site.” According to the map that comes with that Report, the lands
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requested fall into the following four areas:
A1 Area within the urban perimeter
Covering 408 hectares, 3.9 ares, and 10.20 centiares
…
A2 Area outside the urban perimeter
Covering 155 hectares, 8.2 ares, and 74.74 centiares
…
A3 Inside the Punta Izopo National Park
Covering 33 hectares, 33 ares, and 78.98 centiares
…
A4 Inside the Punta Izopo National Park which covers part of Cerro Punta Izopo]
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Annex 5. Report prepared by the Head of Land Registry and Measurement for the Head of the Agrarian Records Office
(Catastro Agrario) of the National Agrarian Institute. Application File No. 10357 with the National Agrarian Institute, pages 367 to
371. Appendix 8 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006.
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Annex 5. Report prepared by José Joel Vásquez, tan expert in sectoral business re-engineering in Tela, for the
Regional Head of the INA's Atlantic Shore Division, dated July 26, 2001. Application File No. 10357 with the National Agrarian
Institute, pages 483 to 500. Annex 8 of the petitioner’s written communication dated May 23, 2006, received by the IACHR on May
30, 2006; and Annex 10 of the petitioner’s written communication dated May 23, 2006, received by the IACHR on May 30, 2006.
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Annex 16. Request for extension of the definitive full ownership title, dated January 22, 2001. Application No. 57426
submitted to the National Agrarian Institute, pp.1-3. Annex B to the State's writ containing its observations on the merits, dated
March 8, 2007, received by the IACHR on March 9, 2007.
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Annex 16. Request for extension of the definitive full ownership title, dated January 22, 2001. Application No. 57426
submitted to the National Agrarian Institute, pp.1-3. Annex B to the State's writ containing its observations on the merits, dated
March 8, 2007, received by the IACHR on March 9, 2007.
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Annex 2. Map developed by the Caribbean Central America Research Council as part of the study 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.
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Annex 16. Memorandum prepared by the Head of the INA's Land Registry and Measurement Department, dated July 5
2001. Application No. 57426 submitted to the National Agrarian Institute, pages 121 to 127. Annex B to the State's writ containing its
observations on the merits, dated March 8, 2007, received by the IACHR on March 9, 2007.