19
VII
Proven Facts
54.
Based on the evidence presented and considering the statements made by the
parties, the Court finds that the following facts have been proven:
BACKGROUND – GENERAL CONTEXT
Regarding the Garifuna Community and the problems surrounding the land
54(1) Honduras has a multiethnic and pluricultural composition. It is made up of
people of mixed blood, indigenous, and afro descendents. The Garifunas are afro
descendents mixed with indigenous people, whose origin goes back to the XVIII
century and whose Honduran villages were developed in the North Coast of the Atlantic
littoral region. Their economy is based on, among others, traditional fishing, cattle
raising, the cultivation or rice, banana, and yucca, and the traditional production of
fishing instruments. Male polygamy is admissible within the Garifuna culture. The
Garifunas, as an ethnical minority, have their own culture, which has had great
influence of the development of the Honduran culture.19
54(2) There have been divergences regarding the rights over the lands that had been
given in property to members of the Garifuna communities.20
19
Cf. Republic of Honduras, “Perfil de los Miembros Indígenas de Honduras”, preliminary document,
December 1999 (dossier of appendixes to the petition, appendix 6, folios 689, 690, 705 through 707);
United Nations, United Nations Development Program, Honduras Office. National Report on Human
Development 2003, ISBN 99926-676-0-5, page 142, and UNESCO, Master works of the oral and abstract
patrimony of humanity - “La lengua, la danza y la música de los garífunas”, available in:
accessed
on
http://www.unesco.org/culture/intangible-heritage/masterpiece_appendix.php?lg=es&id=1,
October 13, 2005.
20
Cf. statements of members of the Garifuna Community of Triunfo de la Cruz presented to the Local
Office of the Public Prosecutor of Tela, Atlántida (dossier of appendixes to the petition, appendix 3, folios 332
through 349); official letter forwarding the complaint sent on July 8, 1999 by the Head Prosecutor of Tela,
Mrs. Edith Rodríguez Valle, to the Special Prosecutor of Ethnic Groups and Cultural Heritage, Mr. Gilberto
Sánchez Chandias (dossier of appendixes to the petition, appendix 17, folio 815); official letter sent on
February 1, 2000 by the Special Prosecutor of Ethnic Groups and Cultural Heritage, Mr. Gilberto Sánchez
Chandias, to the Executive Director of the National Agricultural Institute, Mr. Aníbal Delgado Fiallos (dossier
of appendixes to the petition, appendix 18, folio 816); Title of “Guarantee of Occupation” granted by the
Executive Director of the National Agriculture Institute on September 28, 1979 to the Garifuna Community of
“Triunfo de la Cruz”, Municipality of Tela, Department of Atlántida (dossier of appendixes to the petition,
appendix 7, folio 788); “Definitive title deed in complete domain” granted by the Executive Director of the
National Agriculture Institute on October 29, 1993 to the Garifuna Community of “Triunfo de la Cruz”,
Municipality of Tela, Department of Atlántida (dossier of appendixes to the petition, appendix 8, folios 789);
“Definitive title deed in complete domain” granted by the Executive Director of the National Agriculture
Institute on July 6, 2000 to the Garifuna Community of “Triunfo de la Cruz”, Municipality of Tela, Department
of Atlántida (dossier of appendixes to the petition, appendix 3, folios 294 through 297); official letter sent on
June 26, 2000 by the Secretary General of the National Agriculture Institute, Mr. José Adolfo Guzmán
Herrera, to the Mayor of the Municipality of Tela, Department of Atlántida (dossier of appendixes to the
petition, appendix 19, folio 817); United Nations. Human Rights Committee. Considerations of Reports
submitted by States parties under article 4º of the Covenant. Inicial Report, Honduras. UN Doc.
CCPR/C/HND/2005/1, of April 26, 2005, and United Nations, “El Racismo, la Discriminación Racial, la
Xenofobia y todas las Formas de Discriminación”, report of Mr. Doudou Diène, Special Rapporteur on the
contemporary forms of racism, racial discrimination, xenophobia, and related forms of intolerance. Addition –
MISSION TO HONDURAS. UN Doc. E/CN.4/2005/18/Add.5, of March 22, 2005. para. 28.
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