9
Notwithstanding the dispositive nature of this cession of property rights, the instant title is subject to
the following conditions: A) That should sale or donation of lots of the awarded tract of land be
permitted, it may only be authorized for tourism projects duly approved by the Honduran Institute of
Tourism and to descendants of the beneficiary Ethnic community. B) That the integrity of the
forests be respected in order to ensure the existence of the sources of water, the quality of the
beaches, as well as the stability of the slopes of the watershed and the habitat of the local fauna,
24
thus preserving the natural conditions of the location.
43.
The title was granted under the Law of Agrarian Reform, approved under Decree-Law
No. 170-74 of December 30, 1974, in force as of January 14, 1975, which was amended by the Law for
the Modernization and Development of the Agricultural Sector, approved under Decree No. 31-92 of
25
March 5, 1992, in force as of April 6, 1992. As it pertains to the Garifuna communities, amended Article
92 establishes that:
Article 92. … The ethnic communities that prove occupation of the lands where they are settled,
for a period of time no less than three years as set forth in amended Article 15 of this Law, shall
receive the property titles in fee simple absolute totally for free, [which shall be] extended by the
26
National Agrarian Institute within the time period stipulated in Article 15 above.
3.
1999 Final Title in Fee Simple to 1,513 Hectares and 5,445.03 Square Meters
27
44.
The Punta Piedra Community requested the INA to expand the awarded area and on
December 6, 1999, said institution granted it final property title in fee simple to the rural land legally
belonging to the nation with a surface area of 1,513 hectares and 5,445.03 square meters, which was
recorded in the Register of Property, Mortgages and Preemptive Entries on January 3, 2000. The new
area awarded was adjacent to the following: North: private lands of the Punta Piedra Community; south:
national government-owned lands or reservation areas; east: lands of the Cusuna Community; and west:
28
national government-owned land. Pursuant to the title, the “right of ownership, possession, easement,
accessory rights, uses and other in rem rights inherent to the property were ceded.”
45.
The 1999 title was granted under Article 346 of the Constitution of Honduras, Article 92
and others of the Law of Agrarian Reform and Article 14 of ILO Convention 169 on Indigenous and Tribal
29
Peoples in Independent Countries.
24
Annex 4. Final property title granted by the INA on December 16, 1993, identified with Case file No. 25239. Annex to
submission introduced by the State on July 19, 2007, during the working meeting of the 128 th regular session.
25
Law for the Modernization and Development of the Agricultural Sector. Source: INA, Legal framework. Available at:
http://www.ina.hn/userfiles/file/nuevos/ley_para_la_modernizacion_y_desarrollo_del_sector_agricola_lmdsa.pdf.
26
Based on the available information, pursuant to this legislation, “between 1993 and 2004, 36 Garifuna communities and
6 Garifuna Peasant Community Partnership Entreprises in the Departments of Atlántida, Colón, Cortés, Gracias a Dios and Islas de
la Bahía obtained communal fee simple property title.” See World Bank Inspection Panel. Investigation Report on the Honduras
Land
Administration
Project.
Report
No.
39933-HN.
Available
at:
http://siteresources.worldbank.org/EXTINSPECTIONPANEL/Resources/HondurasFINALINVESTIGATIONREPORTSpanishTrad.pdf
.
27
“[…] Attorney ANIBAL DELGADO FIALLOS acting in his capacity as legal representative states that on the basis of the
Request for lands submitted by the Patronato Pro-Mejoramiento de La Comunidad Punta de Piedra [Punta Piedra Community ‘ProImprovement Civic Association’], corporate legal status number 274-96, in case file number 10775-52147, FINAL PROPERTY
TITLE IN FEE SIMPLE ABSOLUTE was granted to them […]”. Annex 5. Rectification of final property title in fee simple granted by
the INA on January 11, 2000. Annex to the initial petition dated October 29, 2003, and Annexes to the submission introduced by the
State on July 19, 2007, during the working meeting of the 128th Regular Period of Sessions.
28
Annex 6. Final property title granted by the INA on December 6, 1999, identified with Case file No. 52147-10775.
Annexes to the submission introduced by the State on July 19, 2007, during the working meeting of the 128th regular session.
29
Annex 6. Final property title granted by the INA on December 6, 1999, identified by Case file No. 52147-10775.
Annexes to the submission introduced by the State on July 19, 2007, during the working meeting of the 128th regular session.