property ownership based on ancestral occupation,” disappeared while under the control of the Honduran
Corporation for Forestry Development (hereinafter, “COHDEFOR”), the protected areas foundation
PROLANSATE and the Municipality of Tela. It argues that said case file entered COHDEFOR on April 18, 1997,
so the title could be validated, due to the fact that the land was located in protected areas, and that “that was
the last time anyone could account for the case file.”
11.
The petitioner contends that the disappearance of the case file was reported on August 25,
1997 to the General Directorate of Criminal Investigation (hereinafter, the “DGIC,” its Spanish Initials) of the
Office of the Public Prosecutor and that, among other steps it took, the community sent public communications
to the institutions involved demanding that the case file be handed over. It also claims that, despite these
efforts, “it still has not found a solution.” It notes that the misplacement of the documentation contained in the
aforementioned case file has created further roadblocks to the community’s attempts to defend its rights over
the territory it has historically occupied.
12.
The petitioner reports that on July 6, 2000, the INA granted the Community of San Juan final
title over a rural property with a total surface area of 328 hectares. It also contends that, notwithstanding, in
said title, it is established that “of the property described, two hundred and sixty five hectares, sixty five
hectares and eight square meters are excluded,” which belong to private individuals. It emphasizes that, as a
result of this, only 65 of the 1,775 hectares of the ancestral territory claimed by the community were
recognized. It notes that in August 2002, it filed a “request for title in accordance with the ancestral boundaries
of the Garifuna Community of San Juan, Tela” with the INA.
13.
Additionally, the petitioner alleges that the authorities carried out acts that affected
ownership and possession of the ancestral territory, through sales to private individuals and to companies for
tourism projects. Particularly, it contends that in 1992, “without consulting or informing the affected Garifuna
Communities,” including those of San Juan, the expansion of the Municipality of Tela was approved, giving rise
to the unlawful sale and dispossession of the community land. It claims that, at the time of the filing of the
petition, the ongoing process of unlawful dispossession had reached 265 hectares, handed over by the
Municipality to private individuals and tourism companies. With regard to tourism projects, it mentions the
“Bahia de Tela” project, later known as “Laguna de Micos,” which it alleges is slated to be executed by the
company PROMOTUR on ancestral territory of the community, despite the opposition to it and that it poses a
serious environmental hazard. The petitioner reports that multiple complaints were filed with the Office of the
Public Prosecutor for acts violating the Community’s right to property ownership.3
14.
The petitioner also notes that the State established Jeanette Kawas National Park and in so
doing, adversely affected the “activities essential to the subsistence and culture, such as fishing” and restricted
access to part of the ancestral territory. According to the petitioner, the State has been promoting the tourism
megaproject of Bahia de Tela right in this protected area. It reports that, concurrently with the struggle to gain
recognition of the ancestral property of the community, laws and programs to regularize and title private
property ownership in Honduras were approved, such as the Law of Property, approved under Decree No. 822004 on June 29, 2004 and the Land Administration Program in Honduras, which were both opposed by the
3 Concretely, the petitioner reports filing the following complaints: (i) February 25, 2002 note of the Office of the Special
Prosecutor for Ethnic Groups and Cultural Heritage, in the context of a complaint for usurpation to the detriment of the Community of San
Juan, requesting information from the Director of the INA regarding the awarding of community lands to private individuals (Initial
Petition, Annex 6); (ii) numberless complaint filed on April 26, 2005 with the DGIC for construction of human waste oxidation pools, which
pollute Los Micos lake (Initial Petition, Annex 10); (iii) complaint 078-06 for the crime of attempted homicide filed by Wilfredo Guerrero
Bernandez on January 16, 2006 with the DGIC against security guards of the company PROMOTUR to the detriment of the Community of
San Juan [Initial Petition, Annex 12]; (iv) complaint 545-06 for the crime of usurpation of public roads filed by Wilfredo Guerrero Bernandez
on March 24, 2006 to the detriment of the Community of San Juan against employees of the company PROMOTUR [Initial Petition, annex
14]; (v) complaint 598-06 for the crime of damages filed by Jessica García, President of the Civil Association of San Juan, on March 31, 2006
to the detriment of the Community of San Juan against the company PROMOTUR [Initial Petition, annex 14]; (vi) complaint 0148-08 filed
in January 2008 for threats and harassment inflicted on the residents of the community of San Juan by businessmen, who were
accompanied by armed men, coerced the residents into selling their lands, (information provided by the petitioner on February 6, 2008];
(vii) complaint 725-08 filed on May 27, 2008 by Jessica García for the crime of usurpation perpetrated by members of the investment
company Empresa Investiones Ullua, to the detriment of the Community of San Juan, “they came into the community of San Juan to survey
the land, which according to them they were sold by a some members of the community” (information provided by the petitioner on July
8, 2008).