11 “The problem of land tenure of the Garifuna Community of Punta Piedra originates with the arrival of the first [non-indigenous] settlers of the community that is known as Rio Miel, who the members 34 of Punta Piedra know as ladinos.” 51. Regarding the presence of peasants in the Rio Miel area, Doroteo Tomas, member of the Punta Piedra Community, stated the following at the public hearing before the IACHR: We are here today because of a problem that has come to our community in 1993. The problem that has come to our land [is that] the children of our community came with reports that the intruders were taking over the land, that is the legacy of our ancestors. […] When we received the news that the intruders were there, we of the community went to talk with them politely, they told us 35 they were going to kill us […] . 52. The State explained during the processing of the instant case that in the title of fee simple ownership granted by the INA to the Punta Piedra Community in 1999 to a surface area of land of 1,513 hectares, “an area of approximately 670 hectares was included, the possession of which was held, at that time and is held as of the present date, by the residents of the Community of RIO MIEL. – In the title pertaining to the expansion, it was stipulated that these 670 hectares were excluded from the area awarded and that the State could dispose of it [the area] in order to legalize the tenure thereof to the benefit of individuals who meet the legal requirements. However, subsequently, the National Agrarian Institute issued a Public Instrument of rectification of title […] action which invalidated the provision of the exclusion of those 670 hectares occupied and exploited by the “RIO MIEL” community, and consequently became the property in fee simple of the Punta Piedra Community, under the title of 1,513 hectares.” 53. Consequently, the Commission notes that the parties to the instant case agree that part of the territory recognized and titled by the State in favor of the Garifuna Community of Punta Piedra, since the beginning of the 1990s, has been occupied by peasants who intruded into the area. They also agree that there is at least one piece of land titled by the INA in favor of a third party in fee simple within the territory of the Punta Piedra Community. 54. Moreover, the evidence shows that the Garifuna territory of Punta Piedra encompasses part of the area called “Sierra Rio Tinto” Forest Reserve. However, the parties have not submitted evidence regarding the declaration or creation of said Forest Reserve as a protected area. Additionally, based on information that is a matter of public knowledge, the National Institute of Forest Conservation and Development, Protected Areas and Wildlife issued Decision 007-2011, published in the Official 36 Gazette on July 5, 2011 in order to declare the “Sierra Tinto National Park” to be a protected area,” which encompasses part of the territory of the Punta Piedra Community, and there is no evidence in the 37 records of the case that the community or communities involved have been consulted. 34 Initial reply of the State of March 25, 2004, received on March 31, 2004. 35 IACHR, Public Hearing on March 7, 2006 in re “Petition 1119/03 – Garifuna Community of Punta Piedra, Honduras”, 124th Regular Period of Sessions of the IACHR. 36 See in La Tribuna, May 22, 2011, “Reserva Forestal Sierra Río Tinto: Se impulsa proceso para declararla legalmente como un parque nacional”. Available at: http://old.latribuna.hn/2011/05/22/reserva-forestal-sierra-rio-tinto-se-impulsa-proceso-paradeclararla-legalmente-como-un-parque-nacional/ Also see Decision 007-2011 of the National Institute of Forest Conservation and Development. Protected Areas and Wildlife. La Gaceta, Diario Oficial de la República de Honduras de fecha 5 de julio de 2011. Available at: http://www.tsc.gob.hn/leyes/Declarar%20como%20area%20protegida%20el%20Parque%20Nacional%20Sierra%20Rio%20Tinto% 20Iriona%20Colon.pdf. 37 In this regard, see Article 101 of the Honduran Law of Property, Decree 82 of May 28, 2004, which establishes: Management of protected areas that are located within the lands of these peoples shall be done jointly with the State, while respecting the provisions of territorial law that define any infringement on use or titling for reasons of public interest. Available at: http://www.congresonacional.hn/index.php?option=com_wrapper&view=wrapper&Itemid=66.