community and an interinstitutional commission was set up. 121 This commission met with the mayor of Port Iriona and Rio Miel representatives on March 14, 2007, but without the participation of representatives of the Punta Piedra community or of OFRANEH, and adopted a resolution indicating that the inhabitants of Rio Miel contested the first appraisal made in 2001. However, during that meeting it was agreed to continuing taking the necessary actions to resolve the problem between the two communities in a conciliatory way. 122 121. On April 20, 2007, the INA Minister-Director, together with various state officials 123 and representatives of the Rio Miel community signed a “Special Agreement” establishing the following, inter alia: (a) INA expressed its intention of reaching a “friendly settlement” to resolve the conflict between the Garifuna and the third party occupants; (b) to this end, INA undertook “to define the area of the village, the occupants, the lands worked, the origin of possession, the number of dependents, and the value of the improvements made to the land occupied by each member of the Rio Miel community; these actions would start within ten working days at the latest; (c) it was decided to arrange a meeting with the two communities to resolve the problem, and (d) the opposition of the Rio Miel community to the intention to evict them was again recorded, and therefore, it was “reaffirmed that any action on this issue w[ould] be strictly subject to a judicial ruling or decision issued by the competent courts, that was final or res judicata.” 124 122. Owing to the actions taken to update the appraisal, the Rio Miel inhabitants agreed to a second appraisal. 125 Consequently, in May and June 2007, an INA agricultural committee inspected the area, following which it prepared the 2007 cadastral survey (supra paras. 107 and 111) and a new “Appraisal report” 126 dated July 23, 2007. The report concluded that the improvements made by the Rio Miel inhabitants consisting of houses and social infrastructure amounted to 17,108,848.58 lempira. 127 It also established that the land held by the Rio Miel inhabitants revealed “a high degree of erosion, specifically the upper parts and areas recently cleared for cattle raising (grass cultivation),” and also that “during the inspection, the clearance of land and destruction of the forest in the traditional manner (burning) was also evident.” 128 123. Based on the updated appraisal and in order to free the territory of the Punta Piedra community of encumbrances, on December 19, 2007, the INA Minister-Director asked the Ministry of Finance to allocate an additional sum to the budget of this institution of 17,108,448.58 lempiras. 129 His request was not answered; therefore, on 121 This Interinstitutional Commission was composed of representatives of INA, the Ministry of the Environment and Natural Resources (SERNA), the Attorney General’s Office, the Ministry of the Interior, the Public Prosecution Service and OFRANEH (evidence file, folios 67 to 69). 122 Cf. Special agreement of March 14, 2007 (evidence file, folio 71). The meeting was not attended by representatives of either OFRANEH or the Punta Piedra Garifuna community. 123 Including, representatives of the Ministry of Foreign Affairs, the Ministry of Security, the mayor of Port Iriona and the Supreme Court of Justice. 124 Cf. Special agreement of April 20, 2007 (evidence file, folio 87). 125 Cf. Official letter DE-099-2007 of June 7, 2007 (evidence file, folio 90). 126 Cf. Appraisal report addressed by the Agricultural Researcher to the INA Minister-Director on July 23, 2007 (evidence file, folios 93 to 102). 127 Equivalent to approximately US$786,316.86, according to the November 2015 exchange rate. 128 Cf. Appraisal report addressed by the Agricultural Researcher to the INA Minister-Director on July 23, 2007 (evidence file, folios 93 and 94). 129 Cf. Official letter No. DE-255-2007 addressed by the INA Minister-Director to the Ministry of Finance of December 19, 2007 (evidence file, folio 1336). 37

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