14 by the parties, the ejido system – which was established in Honduras by the Agrarian Law of 1898 and remained essentially unchanged in the Agrarian Law promulgated in 1924 – did not confer full property rights; rather, the land pertaining to the State was transferred to the communities and municipalities for 35 their use and enjoyment, while the State retained the property right . Furthermore, the amount of land that could be declared communal land (ejido) was limited, so that the titles granted did not cover the full 36 extend of the Garífunas’ ancestral lands. 71. Under these provisions, on December 9, 1946, the “Deputy Mayor of the Village of El Triunfo, as the legal representative of its inhabitants,” applied to the Tax and Customs Authority 37 (Administración de Rentas y Aduana) for an ejido title to the land occupied by the Community. That application specifically requested the following: The village I represent and which was founded long ago is located on national land. Both the center and the surroundings lack communal land (terrenos ejidales), although there are more than nine hundred inhabitants… This village and its surroundings are national land, encompassing an area of approximately two kilometers bordering, to the north, with the sea shore; to the south, with land pertaining to Francisco Ewen and the Tela Railroad Company; to the east, with possessions of Marcial Blanco, today pertaining to his heirs; and to the west, with land pertaining to Francisco 38 Ewen… 72. On November 29, 1950, the President of the Republic approved the claim proceedings and the surveyor’s measurements of the land requested by the Community of Triunfo de la Cruz, totaling 380 hectares, 51 ares, and 82.78 centiares, as follows: … Resolves to approve without prejudice to the rights of third parties the claim proceedings and the surveyor’s measurements of the land requested for communal land (ejidos) by the village of Triunfo located in the district of Tela, Department of Atlántida, bordering, to the north, with the sea shore; to the south, with land pertaining to Francisco Ewen and the Tela Railroad Company; to the east, with possessions of Marcial Blanco, today pertaining to his heirs; and to the west, with land pertaining to Francisco Ewen, encompassing three hundred and eighty hectares, fifty-one ares, and eighty-two point seven eight centiares; … to grant said land as communal land (ejido) to the village of Triunfo, with that village being responsible for formally demarcating the corresponding boundaries separating that land from the surrounding lots; it being forbidden, furthermore to uproot 39 the forests that are less than twenty meters from rivers and springs sic . 35 Annex 1. The Inspection Panel of the World Bank. Investigation Report on Honduras: Land Administration Program. Investigation Report No. 39933-HN. June 12, 2007. p. 78, footnote 153. Attached to the petitioner’s written communication of October 13, 2008, received by the IACHR on October 15, 2008. 36 Annex 1. The Inspection Panel of the World Bank. Investigation Report on Honduras: Land Administration Program. Investigation Report No. 39933-HN. June 12, 2007. p. 30, footnote 61. Attached to the petitioner’s written communication of October 13, 2008, received by the IACHR on October 15, 2008. On this, the petitioner stated that: “The Agrarian Law established that those entitled to obtain land in the form of community-owned lots of one square league in size were the inhabitants of a municipality or village devoid of communal land, with a population of more than 100 inhabitants and with two houses functioning as a school (Articles, 3,4,5, and 6.)". Document containing observations of the petitioner, dated May 23, 2006, p.9. 37 According to the IACHR, said application was filed based on article 20 of the Agrarian Reform Law, and articles 35, 36, 37, 38 and 39 of the Agrarian Rules of Procedure, currently in effect. 38 Annex 6. Claim to national land for communal land of the Village of Triunfo de la Cruz, presented by the Deputy Mayor, José Martínez Lino, to the Revenue and Customs Administrator, dated December 9, 1946. Annex 2 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003; File 2000-81 addressed to the National Agrarian Institute, pp. 159160 and 2. Annex 7 of the petitioner’s writ dated May 23, 2006, received by the IACHR on May 30, 2006; and Annex 7. File certification 19 of the National Archives of Honduras, issued by the Director of the National Archives of Honduras on May 18, 2006. Appendix 5 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006. 39 Annex 8. Certification of entry No2, 402 pages 368 to 370 of volume 11 of the book of the Registry Office of Property, Mortgages and Provisional Property Registration, issued on April 13, 1993. Annex 6 of the petitioner’s written communication dated May 23, 2006, received by the IACHR on May 30, 2006; and Annex 7. Certification of File 19 of the National Archives of Honduras, issued by the Director of the National Archives of Honduras on May 18, 2006. Appendix 5 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006.

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