“The Garifuna people share many of the same characteristics as those other groups that are, undoubtedly, original indigenous peoples […] [and,] to the extent that the Garifuna people share the characteristics of those groups generally recognized as indigenous peoples, the same standards for the protection of property should be applied […] as those applicable to the indigenous peoples under international law. [He also indicated that] even if the Garifuna people could not be considered an original people in Honduras, […] in any case, [it] could be considered a tribal people […] [and the protection and standards of ILO Convention No. 169], including those relating to property, are equally applicable to both indigenous and tribal peoples.” 58 90. Specifically, the Punta Piedra Garifuna community is one of the communities that form part of the Garifuna people and its members are located in the municipality of Iriona, department of Colon, on the shores of the Caribbean Sea. 59 The Punta Piedra community constituted the first settlement of the Garifuna people in the region, and the founding members first settled in Uraco, near the River Mabougati (ancestral name of Rio Miel), and then to the east of Rio Miel, in its current location. 60 The parties agree that the Punta Piedra community dates back to 1797. 61 During the public hearing in this case, a member of the community stated that the Punta Piedra population was approximately 5,000 62 at that time, while the State indicated that the community consisted of 64 families, equivalent to 385 inhabitants. During the on-site visit to the territory of the community, Eduarda Ávila stated that the community consisted of 6,000 individuals, including 400 school-age children. 91. The Court recalls that the right to communal property recognized in Article 21 of the Convention and the series of rights embodied in ILO Convention No. 169 apply indistinctly to both indigenous and tribal peoples; therefore, the State’s failure to recognize the community as an original people has no impact whatsoever on the rights to which the community and its members are entitled or the corresponding State obligations. 63 Consequently, and based on the decision already made by this Court (supra paras. 54 to 57) the Court will analyze the case bearing in mind the nature of indigenous or tribal people of the Punta Piedra Garifuna community. B. State recognition and titling of the territory of the Punta Piedra Garifuna community 92. During the 1920s, the State of Honduras granted the Punta Piedra community, through a communal title (título ejidal), the right to the use and enjoyment of a piece of land of slightly more than 800 hectares under the agrarian laws in force. There is no exact information about the year in which it was granted. 64 The communal title did not Cf. Affidavit made by expert witness James Anaya on September 11, 2014 (merits file, folio 531). Cf. Map with the geographical location of the Punta Piedra community prepared by INA on July 12, 2007 (evidence file, folio 11). 60 Cf. Affidavit made by expert witness Christopher Loperena on August 22, 2014 (merits file, folios 433 and 434). 61 Christopher Loperena, expert in anthropological studies of the Garifuna culture and territoriality, indicated that Punta Piedra was founded in 1799. Cf. Affidavit made by expert witness Christopher Loperena on August 22, 2014 (merits file, folio 433). 62 Cf. Statement of Doroteo Thomas Rodríguez during the public hearing held before the InterAmerican Court on September 2, 2014. 63 Honduras ratified ILO Convention No. 169 and voted in favor of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (supra, para. 84). 64 Cf. OFRANEH, press release of June 12, 2007, indicating that the Punta Piedra community had a communal title dating back to 1921 (evidence file, folio 13). The State affirmed that, “on December 26, 1922, [the State of Honduras] awarded the Punta Piedra community a right to the use and enjoyment of 58 59 26