18 53. The Garífuna economy is made up, among others, by traditional fishing, the cultivation of mandioc, banana, yuca, and avocado, as well as the hunting of small sea and forest animals, such as deer, agouti, turtles, and manatees. 47 54. The Garífuna Community of Triunfo de la Cruz is located in the Department of Atlántida, Municipality of Tela, on the shores of the Caribbean Sea. According to the information included in the case file, we can see that on May 3, 1524 “Triunfo de la Cruz” was founded by Spaniards where the city of Tela is currently located. In 1805 this area was populated by Garífunas, who as of 1880 were displaced and formed the “Triunfo de la Cruz” Community again at the location currently occupied by them. 48 It has a rural nature and has an approximate population of 10,000. The Garífuna of Triunfo de la Cruz practice activities such as agriculture, traditional fishing, and tourism activities. 49 55. Regarding the ancestral territory of the Community, there are two different versions, on one hand the representatives and the Commission argued that it is located in the area demarcated as follows, to the North with the Caribbean Sea, to the South with the El Tigre mountain, to the East with the Punta Izopo national park, and to the West with the Triunfo de la Cruz mountain, covering 2,840 hectares that include “the housing area […] [and] the functional habitat,” acknowledging as such the areas around the El Tigre mountain, the Punta Izopo mountain, and the Plátano river.50 On its part, the State rejected that the Garífuna territory was the one indicated, since the report prepared by the Central American and Caribbean Research Council (CACRC), which includes a map based on which the representatives and the Commission made their arguments regarding the ancestral territory “is not a final document, but an approximation whose content is based on the unilateral version of the interested parties.”51 56. The Community of the Triunfo de la Cruz is constituted through the following forms of social organization: A) Board for the Proactive Improvement of the Community of Triunfo de la Cruz: its responsibility is to promote and manage projects, plans, and programs oriented toward the development of the community, as well as contribute to maintenance and improvement of communal goods; B) the General Assembly of the Community of Triunfo de la Cruz made up by all members of the Community and it is the maximum deliberation and decision body of the Board; C) the Council of the Elderly: traditional structure and advising and guiding entity of the community and its organizations, and D) the Committee for the Defense of the Lands of Triunfo de la Cruz (hereinafter “CODETT”), in charge of matters regarding the land and its board of directors is appointed by the Community’s general assembly.52 57. On the other hand, this Court recalls that the protection offered with regard to the right to collective property in Article 21 of the Convention and Convention 169 of the ILO, is the same regardless of the classification of the holders of said right as indigenous or tribal peoples or Community, reason for which the lack of acknowledgment by the State of the Community as a native community has no incidence on the rights it and its members are Cfr. World Bank Inspection Panel. Research Report – Honduras Land Administration Program. Report No. 39933- HN, June 12, 2007 (evidence file, folios 119 to 120). 47 Cfr. Central American and Caribbean Research Council, “Ethnography Triunfo de la Cruz Community” (evidence file, folio 278). 48 Cfr. Central American and Caribbean Research Council, “Ethnography Triunfo de la Cruz Community” (evidence file, folio 276). 49 50 Cfr. Merits Report (merits file, folios 20 to 22); Cfr. Brief of Pleadings and Motions (merits file, folio 192). 51 State’s Final Written Arguments (merits report, folio 934). 52 Cfr. Merits Report (merits file, folios 22 to 23).