51
194.
In addition to their collective notion of property, the indigenous peoples have a special,
unique, and internationally protected relationship with their ancestral territories, which is not found in nonindigenous peoples. This special and unique relationship between indigenous peoples and their
traditional territories is protected under international law. As the IACHR and the Inter-American Court
have affirmed, preservation of the special ties between the indigenous communities and their lands and
resources is linked to the very survival of these peoples and therefore ”warrants special measures of
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protection.”
The property right of indigenous and tribal peoples protects their close ties to their
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territories and to the natural resources related to their culture that are found there.
195.
The right to territory includes the use and enjoyment of its natural resources and is
directly related, even as a prerequisite, with the rights to a dignified existence, food, water, health, and
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life. For that reason, the IACHR has pointed out that “relations to its land and resources are protected
by other rights set forth in the American Convention, such as the right to life, honor, and dignity, freedom
of conscience and religion, freedom of association, rights of the family, and freedom of movement and
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residence.”
196.
The protection of property rights, guarantees, and judicial protection is reinforced by the
general obligation to respect the human rights established by Article 1.1 of the Convention. Moreover,
Article 2 of the American Convention establishes that were the exercise of the rights or freedoms referred
to in Article 1 is not already ensured by legislative or other provisions, the States’ Parties undertake to
adopt, in accordance with their constitutional processes and the provisions of this Convention, such
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legislative or other measures as may be necessary to give effect to those rights or freedoms.
2.
Right to collective property of the Community of Triunfo de la Cruz and its
members
197.
The Honduran Constitution of 1982 recognizes the existence of indigenous peoples and
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the importance of preserving and stimulating their culture.
In Article 346, the Constitution recognizes
the property right of the indigenous peoples and establishes the obligation to issue regulations to protect
the rights and interests of the indigenous communities found in the country. That provision states:
It is the duty of the State to enact measures to protect the rights and interests of indigenous
communities in the country, especially of the land and forests where they settled.
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IACHR, Report No. 75/02, Case 11.140, Mary and Carrie Dann (United States), December 27, 2002, paragraph 128;
I/A Court H.R. Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Judgment of August 31, 2001. Series C No. 79.
paragraph 149. Also see I/A Court H.R., Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and
Costs. Judgment of March 29, 2006. Series C No. 146, paragraph 222.
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IACHR, Follow-Up Report – Access to Justice and Social Inclusion: The Road Towards Strengthening Democracy In
Bolivia. Doc. OEA/Ser/L/V/II.135, Doc. 40, August 7, 2009, paragraph 156. I/A Court H.R. Case of the Mayagna (Sumo) Awas
Tingni Community v. Nicaragua. Judgment of August 31, 2001. Series C No. 79. paragraph 148. I/A Court H.R. Case of the Yakye
Axa Indigenous Community v. Paraguay. Merits, Reparations, and Costs. Judgment of June 17, 2005. Series C No. 125, paragraph
137. I/A Court H.R. Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of
March 29, 2006. Series C No. 146, paragraphs 118, 121.
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IACHR, Democracy and Human Rights in Venezuela, 2009. Doc. OEA/Ser.L/V/II, Doc. 54, December 30, 2009,
paragraphs 1076-1080.
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IACHR, Indigenous and Tribal Peoples’ Rights Over Their Ancestral Lands and Natural Resources. Norms and
Jurisprudence of the Inter-American Human Rights System. OEA/Ser.L/V/II.Doc.56/09, December 30, 2009.
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IACHR, Indigenous and Tribal Peoples’ Rights Over Their Ancestral Lands and Natural Resources. Norms and
Jurisprudence of the Inter-American Human Rights System. OEA/Ser.L/V/II.Doc.56/09, December 30, 2009, paragraph 43.
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Constitution of Honduras, Article 173- The State will preserve and stimulate native cultures, as well as genuine expressions of
national folklore, popular art and crafts.