5 conciliation settlement,” under which arrangements were made with the INA to conduct an assessment of the improvements made by the occupants of the Rio Miel area, which assessed the total amount at 13,168,982.84 lempiras. It reports that the Chairman of the National Congressional Budget Committee forwarded the Preliminary Opinion on the Draft “Garifuna Development” Decree to the INA and that said entity issued a favorable opinion in response. It claims, nonetheless, “the line item was never incorporated into the budget of the institution for clearing of Punta Piedra’s title, which is why said compensation for clearing of title has not been paid out.” 24. The State claims that it subsequently took several steps aimed at working out the problem of land tenure. In this regard, it reports that on January 22, 2007, the INA entered into an agreement with OFRANEH to create an Inter-Institutional Commission, which held meetings with representatives of the village of Rio Miel. It notes that on July 12, 2007, the INA issued a new assessment for a total of 17,108,448.58 lempiras, which was submitted to the Secretariat of Finances on December 14, 2007, and has not been approved. 25. As for the claim of the assaults of which the Community has been the target, the State reports that the brother of Félix Ordóñez Suazo filed a criminal complaint for his murder (Complaint No. 310-07), “and therefore investigations to lead to clarification of the aforementioned death are being conducted by the General Directorate of Criminal Investigation at present.” It adds “the Office of the Public Prosecutor was aware of the incidents through the complaint received […] by the Special Prosecutor for Ethnic Groups and Cultural Assets, lodged by OFRANEH.” It notes that, as a consequence, two investigations have been opened, one by the Local District Attorney’s Office of Trujillo, and the other at the Special Office of the Prosecutor for Ethnic Groups and Cultural Assets, registered under case number 7277-2007, which are currently ongoing. 26. With regard to the arguments of law, without specifically referring to the articles that were found admissible by the IACHR, the State claims that “it considers the solution to the problem of the communities in conflict [to be] an unavoidable obligation, and that the outcome thereof requires the good will of the local communities involved, in which both parties in conflict claim to have the same or a greater right.” It notes that under Article 15 of the Law of Agrarian Reform, “anyone who occupies and exploits national or communal lands, for three years, has the right to be awarded the corresponding surface area.” It argues that this provision of the law and Article 103 of the Constitution, which provides for the right to property, protects the Community of Rio Miel and other occupants who have “legal ownership based on duly recorded public deeds.” It notes “it ratifies its commitment to continue the diligent path to seek a solution to the conflict between both communities, emphasizing the path of any negotiation, that does not violate the law on the subject matter.” IV. PROVEN FACTS 27. In keeping with Article 43.1 of its Rules of Procedure, the IACHR shall examine the arguments and evidence introduced by the parties, the information obtained during the hearing held at the th 4 5 124 regular session of the IACHR, and other information that is a matter of public knowledge. A. Garifuna People in Honduras: territory, organization and means of subsistence 28. Honduras is a multi-ethnic and multicultural nation made up of mestizos, indigenous peoples and afrodescendants. Estimates of the total population of the Garifuna people in Honduras vary widely. According to the census conducted by the National Institute of Statistics in 2001, 46,448 4 IACHR, Public Hearing on March 7, 2006 regarding “Petition 1119/03 – Garifuna Community of Punta Piedra, Honduras, 124 regular session of the IACHR. th 5 Article 43.1 of the IACHR Rules of Procedure establishes: “The Commission shall deliberate on the merits of the case, to which end it shall prepare a report in which it will examine the arguments, the evidence presented by the parties, and the information obtained during hearings and on-site observations. In addition, the Commission may take into account other information that is a matter of public knowledge.”