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