The facts of the petition refer to the right of the Garifuna Community of Punta Piedra to peaceful possession of their traditional territory free of third party interference. Since 1993 and for over 20 years, the community has not been able to effectively and peacefully control the territory that historically belongs to them due to the gradual increased occupation by third parties who are not part of the community.

The Inter-American Court develops standards to define the relevance and scope of the effective guarantee over the use and enjoyment of collective property in relation to the interference of third parties, as well as the characteristics of an adequate and effective process to guarantee the right to consultation.