95.
The award of titles was free of charge. However, the title deed established
that: “[d]espite the definitive nature of this transfer, this title is subject to the
following conditions: (a) that should sale or donation of lots of the awarded piece of
land be permitted, [this] is only 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 must be respected to safeguard the
existence of the water sources and the quality of the beaches, the stability of steep
slopes, and the habitat of local fauna, thus preserving the site’s natural conditions.” 72
B.2 Definitive ownership title awarded in 1999 (1,513 hectares and
5,445.03 m2)
96.
On July 8, 1999, file No. 52147-10775 was opened based on the Punta Piedra
community’s request to expand the area originally awarded. Consequently, on
December 6, 1999, INA granted the community a definitive ownership title awarding it
“ownership, possession, easements, accessories, uses and other inherent real rights”
over an additional area of 1,513 hectares and 5,445.03 m2, 73 also located in the
municipality of Iriona, department of Colon, on the northern border of the lands titled
to the Punta Piedra community in 1993. This title deed was recorded in the Colon Real
Estate and Commercial Property, Mortgages and Preventive Annotations Register on
January 3, 2000. 74
97.
The title was granted free of charge and based on the previously mentioned
laws (supra para. 94), as well as article 14 of ILO Convention No. 169. 75 The title
expressly established that it constituted an inalienable asset of the community, with
the exception of ownership transfers among its members, and that sales to natural or
legal third parties was not possible. 76
by the National Agrarian Institute pursuant to article 92 of this law; if the full price is not paid, the balance
shall be guaranteed with a mortgage calculated on the sale’s price. In any case, title of full ownership shall
be granted and recorded in the corresponding Property Register no later than six months after the date of
the sale. The benefit granted in this article shall not be accorded to those persons who are owners of one or
more rural lots when their area is equal to or greater than the area indicated in the second paragraph of this
article; if the area is less, they shall have the right to be awarded and granted title to that portion of national
or communal lands that they were occupying that completes the area indicated. In addition, anyone against
whom it is proved that, since the Agricultural Modernization Act came into force, they have carried out
logging, clearing or other activities that deplete forested lands to convert them to agricultural uses contrary
to the rational use, conservation and management of forested areas, shall be excluded from the benefit
established in this article. The provisions of this law shall also apply to those who occupy national or
communal rural land with a title by adverse possession. In the case of forested lands, the National Agrarian
Institute shall act in accordance with the State Forestry Administration to ensure that they are conserved as
such.”
72
Cf. Definitive ownership title of December 16, 1993, supra (evidence file, folio 16).
73
Cf. Definitive ownership title of December 6, 1999, supra, establishing that: “Having verified by the
procedures on record in File No. 52147-10775 opened on July 8, 1999, that the Punta Piedra Garifuna
community meets the legal requirements to be awarded land under the Agrarian Reform, hereby grants:
“definitive ownership title” (evidence file, folio 26).
74
Cf. Definitive ownership title of December 6, 1999, supra (evidence file, folio 28). Additional
regulations indicated in the title deed were article 346 of the Honduran Constitution; articles 1, 5, 8, 135(b),
144(a) and (g) of the Agrarian Reform Act and also article 92 amended by the 1992 Agricultural
Modernization Act.
75
Cf. Definitive ownership title of December 6, 1999, supra (evidence file, folio 26).
76
“This ownership title constitutes an inalienable asset of the beneficiary community, except in those
cases in which transfer of ownership is effected for the purpose of building housing and public works for the
members of the said community who require this; also, any transfer of ownership made by the owners of the
houses must be to members of the community. In both instances, the approval of the Board of Directors of
the Development Association must be obtained, and this must be recorded on the deed transferring
28