20
Covering 45 hectares, 32 ares, and 22.31 centiares
…
93.
Through resolution No. 213-2001 of September 26, 2001, the Executive Director of the
INA resolved “to adjudicate to the Community Council for the Improvement of the Community of Triunfo
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de la Cruz, definitively and free of charge, a nationally owned area of land consisting of three lots” .
According to the information at the IACHR’s disposal, those lots correspond to the aforementioned Areas
A2, A3, and A4 and altogether comprise 234 hectares, 48 ares, and 76.03 centiares. The IACHR further
notes that the “A1” lot, which is regarded as within the urban perimeter of the Municipality of Tela, was not
included in the expansion. Pursuant to that resolution, on September 27, 2001, the INA granted
“definitive fee simple title to the Community Council for the Improvement of the Community of Triunfo de
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la Cruz.” That title, which is in the IACHR file, establishes that:
The INA transfers ownership, possession, easement, appurtenances, uses, and other rights in
rem inherent to the real estate…. This title deed is the inalienable heritage of the beneficiary
community, except in cases in which transfer of ownership is effected for the purpose of building
housing for the members of that community who have no dwelling; likewise, transfers of ownership
by home-owners must be to members of the community. In both cases, approval by the
Management Board of the Community Council, is required and must figure in the ownership
transfer deed. The Community Council shall have first option to purchase ownership of houses put
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up for sale. .
94.
The IACHR notes that said title was granted pursuant to Article 346 of the Constitution of
the Republic, Article 92 of the Agrarian Reform Law amended by the Law to Modernize and Develop the
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Agricultural Sector, and ILO Convention 169.
95.
Subsequently, at the Community’s request, the title deed was amended with a view to it
being granted in favor of the “Garífuna Community of Triunfo de la Cruz,” rather than the Community
Council. Likewise, a phrase was added to the above-mentioned paragraph, to read as follows:
The Community Council shall have first option to purchase ownership of houses put up for sale, but
may not sell to third person individuals or juristic persons; it may only sell to members of the
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beneficiary Garífuna community.”
96.
From the above, the IACHR observes that since 1950 the State of Honduras granted fee
simple and “guarantee of occupancy” deeds to the Community and its members, recognizing its
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Annex !6. Resolution No. 213-2001 dated September 26, 2001. Application No. 57426 submitted to the National
Agrarian Institute, pages 133 and 134. 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.
69
According to that title, the lots have the following boundaries and are of the following sizes: "Lot 1, one hundred and
fifty-five hectares, eighty-two ares, seventy-four point seventy-four centiares (155 hecates, 82 ares, and 74.74 centiares). NORTH:
Mangrove swamp in the Punta Izopo National Park and the Tela urban radius. SOUTH: Cerro El Tigre EAST: Mangrove swamp in
the Punta Izopo National Park WEST: Tela urban radius. "Lot 2, thirty-three hectares, thirty-three ares, seventy-eight point ninetyeight centiares (33 hectares, 33 ares, and 78.98 centiares). NORTH: illegible SOUTH: Mangrove swamp in the Punta Izopo
National Park EAST: Mangrove swamp in the Punta Izopo National Park WEST: Caribbean Sea until the highest tide line. Lot 3
covering forty-five hectares, thirty-two ares, twenty-two point thirty-one centiares (45 hectares, 32 ares, and 22.31 centiares).
NORTH: Caribbean Sea until the highest tide line SOUTH: Río Hicaque EAST: Mangrove swamp in the Punta Izopo National Park
WEST: Caribbean Sea until the highest tide line." Annex !4. Definitive full ownership title granted by the National Agrarian Institute
on September 27, 2001. 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 14. Definitive full ownership title granted by the National Agrarian Institute on September 27, 2001. Appendix 8 of
the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006.
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Specifically, reference is made to Articles "1, 5, 8, 135.b, 144.a and g of the Agrarian Reform Law of 92 and of the same
body of law amended by Decree 31-92 of the National Congress, containing the Law on the Modernization and Development of the
Agricultural Sector." 72
Annex !4. Definitive full ownership title granted by the National Agrarian Institute on September 27, 2001. modified on
October 6, 2001. Application No. 57426 submitted to the National Agrarian Institute, pages 153 to 155. 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.