3
11.
Within this context, the petitioner asserts that in December 1993, a group of peasants
forcibly took possession of traditional crop-production lands or “trabajaderos” (‘work lands’) located on the
banks of the Miel River (hereinafter “peasants or settlers of the Miel River”), which are part of the
ancestral territory of the Garifuna Community of Punta Piedra. It alleges that this posed serious threats to
the physical and cultural survival of the community. It claims that the National Agrarian Institute had
granted legal title to the intruders for plots of land and these plots were then conveyed to a member of the
armed forces, who in turn sold them to a palm tree processing company owner.
12.
The petitioner emphasizes that the land encroachment has given rise to a situation of
ongoing violence and insecurity in the Community, which has manifested itself in the form of threats and
assaults against the Garifuna of Punta Piedra. As an example of the climate of conflict, it reports the
murder of Félix Ordóñez Suazo in June 2007, allegedly at the hands of Rio Miel settlers, which was
reported to the competent authorities and has allegedly gone unpunished. In this same context, it notes
that Marcos Bonifacio, a member of the Community and witness to the aforementioned murder, has been
the target of continuous death threats, which made it necessary to seek precautionary measures from the
IACHR.
13.
The petitioner asserts that the Punta Piedra Community has taken numerous actions with
the State in order to recover the lands from encroachment. As a result of these efforts, it reports that on
December 13, 2001, a “Commitment Agreement” (acta de compromiso) was entered into between the
representatives of the Punta Piedra Community, Rio Miel peasants, the INA, the Garifuna organizations
OFRANEH and the Organization for Ethnic Community Development (hereinafter “ODECO”) in order to
work out a final solution to the conflict. It notes that in said document, the INA undertook to relocate the
peasants of Rio Miel and compensate them for improvements made on the Garifuna lands they
encroached upon, in the amount of 13,168,982.84 lempiras, based on the assessment conducted by the
INA itself. It contends that, in order for the INA to honor said commitment, the Community itself requested
the National Congress to grant the necessary funding and, consequently, the Congress approved a
motion to create the appropriate budget item. It contends that even though “the Ministry of Finance
apparently provided the money,” the INA did not move forward in resolving the situation, but used the
resources instead for purposes other than payment of compensation.
14.
The petitioner adds that in light of the breach of commitment, the Community and the
petitioner subsequently had to engage in efforts to reach a new agreement with the State, which
crystalized in the “Agreement of understanding” of September 28, 2006 wherein the INA once again
made the commitment to clear the title to the ancestral lands of the Garifuna Community of Punta Piedra,
but this commitment has not been honored. It further asserts that on March 14, 2007, representatives of
the INA and other state agencies conducted an on-site visit to the area for the purpose of “restarting the
negotiation process with the individuals of Rio Miel without the participation of the Punta Piedra
Community.” It notes that on this occasion, the Rio Miel peasants opposed conducting a new assessment
of the value.
15.
In short, the petitioner asserts that despite numerous efforts made by the petitioner and
the Punta Piedra Community, the State has not as yet complied with its commitments, which “has led to a
resurgence of outbreaks of violence in the area” and “has intensified the existing racism by mestizos
toward the Garifuna.” The petitioner stresses that “the constant lack of effective protection by the State in
order to safeguard the rights of the Punta Piedra Community and the lack of response to the incessant
conflict over the ancestral territory of the Community has led to increased insecurity and violence in the
area and has provoked violent threats, confrontations and deaths.”
16.
Concerning the alleged violation of Article 21 of the American Convention, the petitioner
contends that the issue of land tenure stems from the impediment to peaceable possession of the territory
historically occupied by the Garifuna Community as a result of encroachment of third parties. It claims that
even though titling of collectively-owned lands constitutes the essential starting point, the formal titles are
not in and of themselves enough to ensure in practice “the culture, economy, land and a social security
for the Garifuna.”