3
should be adopted, the Secretariat of Security is consequently being asked to implement those
4
measures .
12.
On April 28, 2006, the Commission requested the adoption of precautionary measures on
behalf of the Garífuna Community of Triunfo de la Cruz and requested that the State
[a]dopt any measures needed to protect and respect the Triunfo de la Cruz Community’s property
rights over ancestral lands pertaining to it. In particular, [that] it take any necessary measures to
avoid or suspend execution of any judicial or administrative action that might affect the Triunfo de la
Cruz Community's ancestral property rights until such time as the organs of the inter-American
human rights system reach a final decision in Case No. 12.548.
13.
On May 17, 2006, the State informed the IACHR that, pursuant to the request for
precautionary measures, the Office of the Special Prosecutor for Ethnic Groups and Cultural Heritage
had consulted with the petitioner with a view to agreeing on and adopting those measures and asking the
Mayor's Office in the town of Tela, in the department of Atlántida, not to issue resolutions affecting the title
of the Community of Triunfo de la Cruz and to urge the local Property Registry not to make entries
affecting the Community's property rights. The State also announced that it would coordinate with other
government entities regarding the possibility of asking the respective Court to issue a ban on entering into
acts or contracts concerning the Community's property titles.
14.
Both parties informed the IACHR regarding implementation of the precautionary
measures granted. The petitioner presented information on the following dates: October 21, 2005;
January 24, April 6, June 2, June 9, August 17, and August 23, 2006; May 19, 2008; May 26, June 3,
June 19, and November 17, 2009; January 11, March 17, July 19, and September 21, 2010; July 19 and
September 21, 2010; January 11, January 13, March 28, April 15, August 5, and October 3, 2011; and
March 9, 2012. For its part, the State presented additional information on the following dates: January 25,
March 30, May 17, June 30, August 10, and September 1, 2006; July 8, August 17, and October 1, 2010;
February 15, April 6, April 14, and June 21, 2011; and January 27, 2012. The IACHR continues to monitor
the situation.
III.
POSITIONS OF THE PARTIES
A.
The petitioner
15.
According to the petitioner, the Garífuna people have been living in Honduras since 1797.
The petitioner adds that by 1805 the Triunfo de la Cruz Community, made up of Garífunas from various
parts of the Department of Colón, was living in what is now know as the town of Tela. In 1885, the Triunfo
de la Cruz Community was displaced by the Cuyamel Fruit international company, which forced it to
resettle in Cerro Triunfo de la Cruz, where it is now located, in the municipal district of Tela, Department
of Atlántida.
16.
The petitioner asserts that the Garífuna Community of Triunfo de la Cruz has historically
occupied a territory of approximately 2,840 hectares, comprising areas that constitute its functional
habitat, such as Punta Izopo, Río Plátano and Cerro El Tigre, where a number of exotic animals are to be
found and where "manaca" -- a material they use to build their traditional dwellings -- is extracted. The
petitioner says that the Garífuna of Triunfo de la Cruz typically live off agriculture, using the "barbecho"
slash and burn crop rotation method, hunting , fishing, and tourism-related activities.
17.
Actions to obtain legal recognition of the Community's ancestral lands began with a claim
to a national allotment for communal land filed on December 9, 1946, pursuant to the Agrarian Law of that
time. The petitioner goes on to say that, based on that application, in 1950 the President of the Republic
resolved to grant an area of 380 hectares, 51 ares, and 82.68 centiares as communal lands (ejidos). The
4
Written communication of the State in the precautionary measures proceedings of March 30, 2006, received by the
IACHR on March 31, 2006.