recognize the ownership rights of the Punta Piedra community. Later, according to
information provided by the parties, the Punta Piedra community asked the State to
recognize the ownership of their ancestral territory and its expansion; accordingly, on
October 13, 1992, and July 8, 1999, respectively, the files were opened to grant title. 65
Consequently, the State awarded two full ownership titles to the community, one in
1993 and another expanding the area in 1999.
B.1 Definitive full ownership title awarded in 1993 (800 hectares and 748
m2)
93.
On October 13, 1992, case file No. 25239 was opened and, on December 16,
1993, the National Agrarian Institute transferred to the Punta Piedra Garifuna
community “the ownership, possession, easement, accessories, uses and other real
rights” over the area corresponding to the communal title previously awarded of 800
hectares and 748 m2 by a definitive title of ownership. 66 The area titled is located in
the municipality of Iriona, Colón Department, adjacent in the north to the Caribbean
Sea. The title was recorded in the Colon Property, Mortgages and Preventive
Annotations Register on January 21, 1994. 67
94.
The Agrarian Reform Act 68 of December 1974 (hereinafter “Agrarian Reform
Act”), and the Agricultural Sector Modernization and Development Act 69 of March 5,
1992 (hereinafter the “Agricultural Modernization Act”) provided the legal grounds for
titling this territory. 70 Article 65 of the Agricultural Modernization Act, which amended
article 92 of the Agrarian Reform Act, provides that “[t]he ethnic communities that
prove that they have occupied the lands on which they are settled for the period of no
less than three years indicated in the amended article 15 of this law shall be awarded
full property titles, completely free of charge, by the National Agrarian Institute within
the time frame stipulated in the said article 15.” 71
their territory by means of a communal title” (merits file, folio 570). Cf. Statement by Doroteo Thomas: “[…]
The ancestors gave us a document for the land. […] The Government gave us this ancestral document in
1921 […].” IACHR, March 7, 2006, public hearing on “Petition 1119/03–Punta Piedra Garifuna Community,
Honduras,” 124th regular period of sessions of the IACHR (merits file, folio 15, footnote 21).
65
Cf. Definitive full ownership title awarded by INA on December 16, 1993, identified by file No.
25239 and Definitive ownership title awarded by INA on December 6, 1999, identified by file No. 5214710775 (evidence file, folios 15 and 26 respectively).
66
Cf. Definitive ownership title of December 16, 1993, supra, which provides that “[h]aving verified by
the procedures recorded in file No. 25239 opened on October 13, 1992, that the “Punta Piedra” Garifuna
community meets the legal requirements to be awarded land under the agrarian reform, hereby is granted:
the definitive title of full ownership” (evidence file, folio 15).
67
Cf. Definitive ownership title of December 16, 1993, supra (evidence file, folio 18) .
68
Cf. Agrarian Reform Act, Decree Law 170-74 of December 30, 1974 (evidence file, folios 1853 to
1905).
69
Cf. Agricultural Sector Modernization and Development Act, Decree No.31-92 of March 5, 1992,
which amended some articles of the Agrarian Reform Act (evidence file, folios 2242 to 2279) .
70
The 1993 property title also indicated as the legal grounds: “[article] 346 of the Constitution;
articles 1, 5 and 6(b), 7, 8, 135(b) and (i), and 144(a) and (g) of the Agrarian Reform Act, and 15, 79 and
92 of the same instrument amended by Decree 31-92 [Agricultural Sector Modernization and Development
Act].” Cf. Definitive ownership title of December 16, 1993, supra (evidence file, folio 15). Article 346 of the
Constitution establishes that “[i]t is the duty of the State to prescribe measures to protect the rights and
interests of the country’s indigenous communities, especially the lands and forests where they may be
settled” (merits file, folio 181).
71
This establishes that “[t]he National Agrarian Institute shall require the return of all rural lands,
whether national or communal, that are illegally occupied by private individuals. Nevertheless, anyone who
duly proves to the said Institute that they themselves have peacefully occupied national or communal lands
that are or have been exploited for a period of no less than three years, shall have the right that the
corresponding area be sold to them, provided that it does not exceed 200 hectares and is not included
among the exclusions established in article 13 of this law. The sale’s price and conditions shall be determined
27