31
according to the petitioner, despite the Attorney General’s favorable opinion, the Municipality did not
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proceed to declare the decision null and void, an assertion the State did not contest.
131.
In addition, the IACHR notes that the INA expressly recognized the Community’s
ancestral ownership of the 22 manzanas, as attested by the “Special Act” signed on September 19, 2001
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with authorities of Triunfo de la Cruz and Garífuna Organizations,
a recognition of which the Tela
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Municipality and the Workers Trade Union were notified.
The IACHR further observes that both the
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INA135 and the Municipal Mayor’s Office undertook to take steps to help the Community recover the 22
manzanas. Likewise, on September 28, 2006, OFRANEH, representing the Garífuna Communities in
Honduras, and Government authorities, signed a “memorandum of understanding” which, with respect to
the Triunfo de la Cruz Community, reads as follows:
1.) Compliance with the Precautionary Measures in Triunfo de la Cruz, above all with regard to
annulment of the Municipality’s decision granting the 22 manzanas to its workers. After having
listened to the representatives of the Office of the Attorney General and the Deputy Attorney
General of the Republic regarding this matter, the Government undertook, through the INA, to
provide technical legal assistance for the annulment of the decision by the Municipality of Tela with
respect to the 22 manzanas granted to that Municipality’s trade union and for the judicial action for
annulment of that deed, which must be instigated by no later than Monday, October 1 of this year
[…]
OFRANEH requests that consideration be given to all the irregularities committed by the Mayor’s
Office so that it can be penalized for misuse of authority.
On the subject of security in connection with the precautionary measures imposed by the InterAmerican Commission on Human Rights, it was agreed that the Under-Secretary for Security and
representatives of the Garífuna Communities would hold a meeting to decide on mechanisms for
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complying with said measures […].
132.
Notwithstanding the above, according to information at the IACHR’s disposal, as of the
date of this report, the Community of Triunfo de la Cruz and its members do not have peaceable
possession of the 22 manzanas.
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Furthermore, the IACHR observes that in its written communication of February 4, 2008, the State asserted that the
Municipality of Tela had not ruled on the administative claim submitted to it. Written communication of the State dated January 4,
2008, received by the IACHR on January 7, 2008. For further information, see the petitioner’s written communication of January 4,
2011, received on January 11, 2011.
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As indicated in point 1 of the “Special Act” signed on September 19, 2001 by the Minister-Director of the National
Agrarian Institute, the Management Board of the Community, the Fraternal Black Organization of Honduras and the Land Defense
Committee of Triunfo de la Cruz, “in the framework of ILO Convention No. 169, the National Agrarian Institute recognizes the
ancestral property of Garífuna Community of Triunfo de la Cruz in Lot A1 (which includes the 22 manzanas claimed by the Trade
Union of the Municipality of Tela and requested in expansion by the Community)”. Annex 48. Special Act signed by the National
Agrarian Institute on September 19, 2001. Annex 68 of the petition initially dated October 27, 2003, received by the IACHR on
October 29, 2003; and Application No. 57426 submitted to the National Agrarian Institute, pages 156 and 157. Annex B to the
State's written communication containing its observations on the merits, dated March 8, 2007, received by the IACHR on March 9,
2007.
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Annex 49. Communication addressed from the National Agrarian Institute to the Trade Union of Workers of the
Municipality of Tela on July 15, 2002. Annex 69 of the petition initially dated October 27, 2003, received by the IACHR on October
29, 2003]. Similar Communications was addressed to the Mayor of the Municipality on July 17, 2002. Annex 50. Communication
from the National Agrarian Institute to the Mayor of the Municipality on July 16, 2002, received on July 17, 2002. Annex 70 of the
petition initially dated October 27, 2003, received by the IACHR on October 29, 2003].
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Annex 48. Special Act signed by the National Agrarian Institute on September 19, 2001. Annex 68 of the petition
initially dated October 27, 2003, received by the IACHR on October 29, 2003; and Application No. 57426 addressed to the National
Agrarian Institute, pages 156 and 157. Annex B containing observations of the petitioner on the merits by the State dated March 8,
2007, received by the IACHR on March 9, 2007]. Annex 51. Point 1 of the Special Act signed by the Minister-Director of the National
Agrarian Institute on July 9, 2003. Annex 78 of the initial petition dated October 27, 2003, received by the IACHR on October 29,
2003.
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Annex 52. Memorandum of Commitment signed by the Municipal Mayor’s Office in Tela. Annex 73 of the initial petition
dated October 27, 2003, received by the IACHR on October 29, 2003.
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Annex 53. Memorandum of Understanding between the Fraternal Black Organization of Honduras and the authorities
of the Honduran Government, dated September 28, 2006. Annex of the petitioner’s written communication dated October 16, 2006,
received by the IACHR on October 31, 2006.