4 I. INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE 1. The case submitted to the Court. – On February 21, 2013 the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to the jurisdiction of the Inter-American Court of Human Rights the case of the Garífuna Community of Triunfo de la Cruz and its members against the Republic of Honduras (hereinafter “the State” or “Honduras”). According to the Commission, the case relates to Honduras’ alleged international responsibility because the aforementioned community did not have a title deed over their traditional territory that could be considered suitable and culturally adequate; the acknowledgment of said territory took too long and up to this date they continued to be denied a single title over the entirety of the territory. Additionally, the Community was not able to maintain a peaceful occupation and possession of their traditional lands, due to (i) the alleged lack of determination and timely delimitation of the titled lands, (ii) the alleged lack of legal certainty in the titles granted, (iii) the alleged restrictions in access to areas of the traditional territory due to the creation of protected areas, and (iv) the alleged omission to effectively protect their territory against occupation and stripping by third parties. On the other hand, the case refers to the alleged lack of a prior, free, and informed consultation regarding the adoption of decisions such as the planning and execution of tourism projects and megaprojects, the creation of a protected area, and the alleged sale of community lands. Finally, the Community did not have access to an appeal that would take into consideration its specific characteristics regarding collective property, or an effective access to justice regarding the complaints for the alleged sales of traditional lands, threats and harassment allegedly suffered by the authorities of the Community because of their activities in defense of the lands, and the insecurity and violence caused by third parties in the territory. 2. Procedure before the Commission. – The procedure before the Commission was as follows: a. Petition. – On October 29, 2003, the Commission received a petition lodged by the Black Honduran Fraternal Organization (hereinafter “the petitioner” or “OFRANEH”).1 b. Admissibility Report. – On March 14, 2006, the Commission adopted Admissibility Report No. 29/06.2 c. Precautionary Measures. – On October 18, 2005, the petitioner requested the ordering of precautionary measures to protect the Community’s rights, 3 and on April 28, 2006, the Commission requested that the State adopt the measures necessary to protect and respect the property right over the traditional lands belonging to the Community of Triunfo de la Cruz.4 This petition was lodged due to alleged violations of human rights, in detriment of the Garífuna Communities of Cayos Cochinos, Punta Piedra, and Triunfo de la Cruz, and its members. On December 19, 2003, the Commission decided to divide the petition into three separate matters. 1 In this Report, the Commission declared the admissibility of the petition regarding the Garífuna Community of Triunfo de la Cruz and its members, for the alleged violation of Articles 8, 21, and 25 of the American Convention, in connection to Articles 1 and 2 of the same instrument. 2 Specifically, the petitioner requested that the State be forbidden from carrying out actions and contracts on the Community’s real estate given the alleged imminent danger of irreparable damage to its cultural and physical survival. Likewise, it mentioned the alleged lack of action by the State regarding the Community’s complaints, the enactment of a property law in detriment of the Community’s rights, and new tourism projects in the area. 3 4 The Commission informed, in its Merits Report, that it continues to follow-up on the situation.