21 possession of, at least, part of its ancestral territory. According to information provided by the petitioner, and not contested by the State, the territory historically occupied by the Community and its members has 73 a total area of approximately 2,840 hectares, of which, so far, 615 hectares and 28.71 centiares have been granted in fee simple. 97. Parallel to the process of recognition of the Community’s property of its ancestral lands, provisions and programs were adopted that were aimed at regularizing and titling private property in Honduras – such as the Property Law, adopted by Decree No. 82-2004 of June 29, 2004 and the Land Administration Program in Honduras. These were opposed by the Garífuna communities in Honduras, including Triunfo de la Cruz, which considered that they ran counter to the process of recognition of their 74 territorial rights. D. Issues regarding the territory of the Triunfo de la Cruz Community and its members 98. Despite the titles granted by the State of Honduras to the Garífuna Community of Triunfo de la Cruz in recognition of its ancestral possession of its territory, all these years the Community has been unable to peaceably possess it because of lack of defined boundaries and actual demarcation, clearing of encumbrances, and effective protection by the State. As this section will show, all those defects have resulted in the gradual dispossession of the Community’s ancestral lands carried out by State authorities and, with their acquiescence, by private individuals. 99. The situation got much worse after 1990, when the authorities began granting title deeds to land possessed by the Community to tourism conglomerates and individuals, triggering a series of actions by communal and national Garífuna organizations to denounce the violations of their rights and to 75 claim their ancestral lands. 100. The denunciations focused above all on: (i) the consequences of the expansion of the urban perimeter of the Municipality of Tela in connection with the Marbella Project, the Tela Municipal Workers Trade Union, and El Esfuerzo Cooperative; (ii) the interference of the Municipality of Tela when it established and maintained a parallel Management Board of the Community Council; (iii) the planning and execution of tourism projects; (iv) the establishment of the Punta Izopo protected area; and (v) harassment, threats, and the murder of community authorities and leaders for having acted in defense of their ancestral territory. 1. Expansion of the urban perimeter of the Municipality of Tela and its consequences regarding the ancestral territory of the Triunfo de la Cruz Community and its members 73 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. IACHR, Public Hearing dated March 2nd, 2007 on “Case 12.548 – Garifuna Community of Triunfo de la Cruz, Honduras”, 127th period of sessions. Expert appraisal by Edmund Taylor Gordon. 74 The information provided indicates, specifically, that on October 18, 2003 a consultation workshop was held on the draft of Decree No. 84-2000, ni which the representatives of the Garífuna communities expressed their opposition to promulgation of the law. Likewise OFRANEH [the Fraternal Black Organization of Honduras], as a federation whose members are elected by the Garífuna people,filed a request with the Inspection Panel of the World Bank, the entity financing the Land Administration Program in Honduras (PATH). Annex 15. Request 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. 75 I/A Court H.R., López Álvarez et al v. Honduras, Provisional Measures, Resolution of the Court of September 21, 2005. IACHR, Admissibility Report 39/07, dated July 24, 2007, Petition Case 1118-03, Garífuna Community of Cayos Cochino and its members, Honduras. Honduras, Justice fails indigenous people, Amnesty International, September 1999. AI Index: AMR 37/10/99/s. Distr. SC/CO/GR.

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