community and, if appropriate and as agreed, by the payment of the improvements
made by the third-party occupants and their relocation with due guarantees.
324.
To this end, the State must:
a) Take all the necessary administrative, legislative, financial, and human
resource measures to fully restore the titled territory to the Punta Piedra
community, ensuring peaceful, full and effective use and enjoyment of the
territory, 334 within no more than 30 months of notification of this judgment.
b) Ensure, immediately and effectively, that the territory currently in the
possession of the Punta Piedra community does not undergo any invasion,
additional expansion, interference or adverse effects by third parties or State
agents that could impair the existence, value, use or enjoyment of its territory. 335
c) Proceed to pay for the improvements and relocate the third-party settlers with
due guarantees, within no more than two years of notification of this judgment.
d) If it is proved that legitimate property titles existed in the village of Rio Miel
prior to the award of the second title to the Punta Piedra community, pursuant to
the Court’s case law, the State must assess the possibility of purchasing or
expropriating those lands, for public purposes or social interest. 336
325. If, for objective and well-founded reasons, 337 all or partial return of the territory
occupied by third parties is not possible, the State must, exceptionally, offer the Punta
Piedra community alternative lands of the same or greater physical quality, adjacent to
the titled territory, free of any tangible or formal defects, and duly titled in its favor.
The State must deliver the lands, chosen consensually with the Punta Piedra
community in keeping with the community’s own forms of consultation and decisionmaking, values, practices and customs. 338 When agreement has been reached, this
measure must be executed within one year of notification of the Punta Piedra
community’s consent. Also, when these lands are handed over, the State must include
an integral development plan for the alternative territory drawn up by mutual
agreement with the community, which is additional to the development fund ordered
below (infra paras. 332 to 336). The State must bear the costs of the relocation, and
any expenses corresponding to loss or damage suffered as a result of the granting of
the said alternative lands. 339
326. Notwithstanding the foregoing, the State must draw up, with the mutual
agreement of the Punta Piedra community and the village of Rio Miel, rules for peaceful
and harmonious coexistence in the territory in question that respect the practices and
customs of the Punta Piedra community, and also the preventive mechanisms required
to avoid any third-party interference in the Garifuna territory.
Cf. Case of the Sawhoyamaxa Indigenous Community, supra, para. 210; and Case of the Xákmok
Kásek Indigenous Community, supra, para. 281
335
Cf. Case of the Mayagna (Sumo) Awas Tingni Community, supra, para. 164.
336
Cf. Case of the Yakye Axa Indigenous Community, supra, para. 217; and Case of the Xákmok Kásek
Indigenous Community, supra, para. 286.
337
Cf. Case of the Yakye Axa Indigenous Community, supra, para. 217; and Case of the Xákmok Kásek
Indigenous Community, supra, para. 286. See also, Article 16 of ILO Convention No. 169.
338
Cf. Case of the Yakye Axa Indigenous Community, supra, para. 217; and Case of the Xákmok Kásek
Indigenous Community, supra, para. 286.
339
Cf. Article 16.5 of ILO Convention No. 169.
334
91