from time immemorial, and the titles were issued by the National Agrarian Institute (hereinafter “INA”: Instituto Nacional Agrario) in 1993 7 and 1999 8, respectively. 15. It notes that during the process to obtain the property title for the Community of Punta Piedra, in 1992, peasant farmers belonging to what is known as the Community of Río Miel had occupied part of the Community’s ancestral territory, especially areas set aside for the production of crops. It states that since then the Community has faced a permanent conflict with the peasants occupying that land, and a climate of violence and fear has taken hold in the area. 16. It argues that while the State awarded a property title to the Community of Punta Piedra over its ancestral lands, the members of the community have not been able to enjoy a large part of the territory, as it is occupied by the peasant community of Río Miel. 17. The petitioner reports that as regards this situation, the title that the INA granted to the Community in 1999 had a clause that established: “Excluded from the adjudication are those areas occupied and exploited by persons from outside the community, and the State reserves the right to dispose of them to adjudicate them to the occupants who meet the legal requirements.” Nonetheless, the INA amended that clause on January 11, 2000, by means of a public instrument, stating for the record that the inclusion of that clause had been the result of an involuntary error, and it declared that the 1999 title had been eliminated and consequently has no value or effect. 18. It adds that in order to resolve the conflict with the peasant community of Río Miel, on December 13, 2001, a meeting was held with representatives of both communities (Punta Piedra and Río Miel), the INA, and representatives of OFRANEH and ODECO (Organización de Desarrollo Étnico Comunitario). On that occasion the parties signed an act of commitment in which the communities in conflict recognized the existence of a land tenure dispute, and of the problems that stemmed from that dispute, as a result of which the physical integrity of its members had come to be endangered. 9 On that occasion the State, through the INA, would have undertaken to (a) clear up legal title to the lands, so as to vest it in the Community of Punta Piedra and (b) to compensate the members of the community of Río Miel for the improvements made on the Garifuna lands and relocate them. 19. The petitioner argues that the State has not carried out the commitments it acquired on December 13, 2001, despite the many efforts that the Community of Punta Piedra has made in order to cooperate with the State so as to fully implement the commitment. 20. In addition, petitioner holds that the signing of an act of commitment with a government agency, such as the INA, presupposes for the Garifuna peoples the just conclusion of a legal dispute, given the difficulty these communities face on attempting to gain access to a legal defense. To do so, according to the petitioner, it must confer on the agreement the same force as a judgment. 21. Based on the foregoing, petitioner argues that the State has failed to adopt effective measures as would enable the members of the Garifuna Community of Punta Piedra to fully 7 The petitioner cites the Final Property Title of Full Ownership (Título Definitivo de Propiedad en Dominio Pleno), of December 16, 1993, over land 800 hectares, 74 areas, and 8 centi-areas in extent. Granted by the National Agrarian Institute to the Garifuna Community of “Punta Piedra,” Case File No. 25239 8 The petitioner cites Final Property Title of Full Ownership (Título Definitivo de Propiedad en Dominio Pleno), of December 6, 1999, over land 1,513 hectares, 54 areas and 45.03 centi-areas in extent. Granted by the National Agrarian Institute to the Garifuna Community of “Punta Piedra”, Case File No. 52147-10775. On January 11, 2000 , a public deed of rectification (escritura pública de rectificación) was issued with respect to this title, granted to the “Punta Piedra Community.” In said instrument, the Executive Director of the INA, making reference to the Final Property Title of Full Ownership granted to the Garifuna Community of Punta Piedra on December 6, 1999, certified that the inclusion of the clause that provides “Excluded from the adjudication are the areas occupied and exploited by persons from outside the community, the State reserving the right to dispose thereof to adjudicate them to the occupants who meet the requirements of law” had been the result of an involuntary error; in addition, that clause was eliminated by the deed of rectification of said title, and it no longer has any effect 9 In the Act of Commitment of the Communities of Punta Piedra and Río Miel, signed December 13, 2001. Document provided by the petitioner 3