53 main means of survival, but also because they form part of their worldview, of their religiousness, 268 and consequently, of their cultural identity. 203. In light of the above, it is clear that the Honduran legal system expressly recognizes, and obliges the State to guarantee, the Indigenous peoples’ right to property, including that of the Garífuna Community of Triunfo de la Cruz. By virtue of Articles 21 and 29 of the American Convention, those provisions are protected by the Convention. 204. Based on the facts considered proved in the instant case, the IACHR observes that State authorities took part in actions and omissions that deprived the Community of Triunfo de la Cruz and its members of recognition of its right to its ancestral property, as well as the use and effective enjoyment of their lands and natural resources. It further considers that that has to do with the existence of shortcomings in the legal framework that have prevented the Garífuna people in Honduras and, in particular, the Community of Triunfo de la Cruz, from being able to protect the territories they have historically occupied. The IACHR will now proceed to analyze compliance with those obligations by the State and will point out, where applicable, related shortcomings in the domestic legal order. i) Right to a suitable and culturally appropriate title deed for its ancestral territory 205. As the IACHR and Inter-American Court have established, by virtue of Article 21 of the American Convention, the indigenous peoples are entitled to tenure rights and ownership over the land and resources they have occupied historically; therefore, they have the right to be legally recognized as the owners of their territories and to obtain formal legal title to their lands and to have these titles duly 269 registered. The collective right to property of indigenous lands implies a collective title to territory, that is, the recognition of an equally collective title to property over such lands that reflects the community property of the land, with due respect for indigenous peoples’ forms of internal organization with regard to 270 land tenure. 206. The IACHR has also pointed out that, with respect to indigenous and tribal peoples, States are obliged to “grant lands, at no cost, of sufficient extent and quality to conserve and develop their 271 ways of life.” Lands shall be deemed of sufficient extent and quality if they guarantee for the members of the Community the ongoing exercise of the activities from which they derive their sustenance and 272 which enable them to preserve their culture. 207. Pursuant to inter-American human rights instruments, indigenous and tribal peoples are entitled to recognition and protection of “their particular versions of the right to the use and enjoyment of 268 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. Case of the Yakye Axa Indigenous Community v. Paraguay. Merits, Reparations, and Costs. Judgment of June 17, 2005. Series C No. 125, paragraph 137; Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of March 29, 2006. Series C No. 146, paragraph 118. 269 See inter alia 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 137; IACHR, Report No. 40/04, Case 12.053, Maya Indigenous Communities of the Toledo District (Belize), October 12, 2004, paragraph 115. 270 I/A Court H.R. Case of the Saramaka People v. Suriname. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 28, 2007. Series C No. 172, paragraph 194. IACHR, Second Report on the Situation of Human Rights in Peru. Doc. OEA/Ser.L/V/II.106, Doc. 59 rev., June 2nd, 2000, paragraph 39 ; IACHR, Third Report on the Situation of Human Rights in Paraguay. Doc. OEA/Ser./L/VII.110, Doc. 52, March 9, 2001, paragraph 45. 271 IACHR, Third Report on the Situation of Human Rights in Paraguay. Doc. OEA/Ser./L/VII.110, Doc. 52, March 9, 2001, Chapter IX, paragraph 50, Recommendation 1. 272 The IACHR has thus recommended States ”[t]o promptly adopt any such measures as may be necessary to enforce the right to property and possession of the ancestral territory of the Sawhoyamaxa Indigenous Community of the Enxet-Lengua people and its members, specifically to delimit, demarcate and convey them title to their lands pursuant to their customary law, values, usage and customs, and to guarantee the members of the Community the exercise of their traditional subsistence activities”. [IACHR, Report No. 73/04, Case of the Sawhoyamaxa Indigenous Community (Paraguay), October 19, 2004, Recommendation 1. Referenced in: 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 8].

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