INTER - AMERICAN COMMISSION ON HUMAN RIGHTS COMISION INTERAMERICANA DE DERECHOS HUMANOS COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME ORGANIZACIÓN DE LOS ESTADOS AMERICANOS WASHINGTON, D.C. 2 0 0 0 6 E E U U October 1, 2013 Ref.: Case No. 12.761 Comunidad Garífuna Punta Piedra Honduras Mr. Secretary: I am pleased to address you on behalf of the Inter-American Commission on Human Rights in order to file Case No. 12.761 Comunidad Garífuna Punta Piedra v. Honduras (hereinafter “the State”, “the Honduran State” or “Honduras”) before the jurisdiction of the Honorable Inter-American Court of Human Right. The instant case involves Hondura’s international responsibility for the violation of the right to property against the Garifuna Community “Punta Piedra” and its members. This resulted from the breach of the duty to guarantee the right to land of the community, against the invasion, since the beginning of 1990, by non-indigenous people that were subsequently recognized by the State through the granting of a freehold title. The granting of the title was made without an adequate titling process; despite the knowledge of the occupation by a group of villagers in various parts of the Community’s land, especially in “Rio Miel” and the forest area. This situation has led to the Garifuna Community of “Punta Piedra“ to only exercise the tenure of half of State-titled land, with negative subsequent effects on their way of life, livelihoods, culture and traditional customs. Furthermore, the continued occupation by non-indigenous people has created a situation of conflict that has resulted in threats, harassment, or even the death of a member of the Garifuna Community of “Punta Piedra”. The State of Honduras has not given an effective response to this situation. So far, the initiatives have failed and the State itself has reneged on the agreements made in order to achieve an effective titling of the lands and territories of the Garifuna Community of “Punta Piedra”. This situation has deepened and exacerbated the conflict situation in the area. The Community has not had an effective remedy to achieve a peaceful possession of their lands and territories. Honduras ratified the American Convention on September 8, 1977 and accepted the jurisdiction of the Court on September 9, 1981 Mr. Pablo Saavedra Alessandri, Secretario Inter-American Court on Human Rights Apartado 6906-1000 San José, Costa Rica

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