opinion in this regard. 113 In communications of September 4 and October 2, 2002, INA
expressed its support for approval of the budget item to pay the necessary
improvements in order to clear the communal lands of the Punta Piedra community of
encumbrances. 114
118. On October 1, 2002, and May 14, 2003, the Punta Piedra community sent
letters to the National Congress and to INA, respectively, to find out whether the
budget item had been approved. 115 On May 26, 2003, INA informed the Punta Piedra
community that the item had not been incorporated into its budget 116 and, on June 29,
2004, INA submitted a request to the President of the National Congress to adopt this
item in order to free the land of encumbrances. 117
D.2 2006 Memorandum of Understanding, Special Agreement with the
village of Rio Miel of April 20, 2007, and subsequent actions
119. To follow up on the commitments made in the 2001 Undertaking, on September
28, 2006, a “Memorandum of Understanding” was signed by the Organización Fraternal
Negra Hondureña (OFRANEH) and the government authorities (hereinafter “2006
Memorandum of Understanding”) ratifying the need to comply with the commitments
made concerning the Punta Piedra community as regards the approval of a budget
item for freeing the territory of encumbrances 118 and the need to make a new
appraisal.
120. In light of the 2006 Memorandum of Understanding, from November 30 to
December 3, 2006, representatives of INA and the Attorney General’s Office entered
into new negotiations with the Rio Miel inhabitants and visited the territory to update
the appraisal; however the inhabitants opposed this. 119 Additionally, on January 22,
February 20 and June 8, 2007, meetings were held between State authorities and
OFRANEH in order to ratify the need for a new appraisal and coordinate this. 120 The
meeting of February 20, 2007, was attended by a representative of the Punta Piedra
Cf. Letter sent by the chairman of the Budget Committee of the National Congress to INA on August
29, 2002 (evidence file, folio 44).
114
Cf. Letters of the INA Minister-Director of September 4 and October 2, 2002 (evidence file, folios 50
and 52, respectively).
115
Cf. Letter sent by OFRANEH to the National Congress on October 1, 2002 (evidence file, folios 56
and 57) and Letter sent by the INA Minister-Director to OFRANEH on May 26, 2003 (evidence file, folio 59).
116
Cf. Letter sent by the INA Minister-Director to OFRANEH on May 26, 2003 (evidence file, folio 59).
117
Cf. Letter sent by the INA Minister-Director to the President of the National Congress on June 29,
2004 (evidence file, folios 1344 and 1345).
118
On September 28, 2006, the representatives of OFRANEH, and of various Garifuna communities,
including Punta Piedra, and of the Government adopted the 2006 Memorandum of Understanding. In the
Memorandum, the parties reached different agreements to obtain the adoption of the budget item to pay
the compensations for the improvements made by the inhabitants of Rio Miel. Cf. Memorandum of
Understanding between the Organización Fraternal Negra Hondureña (OFRANEH) and government
authorities of September 28, 2006 (evidence file, folios 120, 123 and 124).
119
In this regard, the inhabitants of Rio Miel indicated that they “strongly opposed accepting it,
considering it an abuse of authority, because they [were] not invaders […] [their] rights had been violated
during previous governments, including them in an expansion granted to the Punta Piedra community in
1999 when [their] community was already settled on the said lands, and had been recognized by the
municipality of Iriona long before. A title had been granted without conducting the corresponding field
study.” Cf. Memorandum presented by the Agricultural Research and Appraisals Section to the INA MinisterDirector on December 5, 2006 (evidence file, folios 63 to 65).
120
Cf. Memorandum of January 22, 2007, on the follow-up to the commitments made in the
memorandum of understanding of September 28, 2006, and Special agreement of June 8, 2007, on the
follow-up to the commitments made under the September 28, 2006 memorandum of understanding
(evidence file, folios 74 to 83).
113
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