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Whereas, the community of Punta Piedra, for more than 10 years has been facing a land tenure
dispute, which arose as a result of a group of persons from outside of the community, who took
possession of the production lands of said community. And that said dispute has kept the Garifuna
community in a state of unrest.
Whereas, on December 13, 2001, a meeting between the representatives of the community of
Punta Piedra and the ladinos of Rio Miel took place, along with the representatives of the INA of
Sinaloa. Both parties reached important decisions toward solving the problem. At said meeting, it
was agreed that the State should proceed to provide compensation to clear title to the lands in
order to finally settle the dispute.
Whereas, at the meeting held with the Minister Director of the National Agrarian Institute (INA),
representatives of the Garifuna communities, of the OFRANEH, of CONPAH and the National
Congress, to examine the petition filed by the Garifuna representatives before the national
congress, it was agreed to base the introduction of said motion on the existing assessment of the
Punta Piedra community,
[…]
THEREFORE WE INTRODUCE THE FOLLOWING MOTION, TO THE SOVEREIGN NATIONAL
CONGRESS
Approval of a budget item of Lps.13,168,982.84 in the 2002 General Budget of Revenue and
Expenditures of the Republic, to be approved by this Legislative Session soon, in order to proceed
to the payment of compensation to the Punta Piedra Garifuna Community based on the existing
assessment conducted by the INA, which shall be distributed as follows:
Lps, 8,887,662.84 for the title clearing compensation itself
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Lps, 4,271,330.00 operational expenses for the compensation. […] [sic]
69.
Based on the evidence in the case file, on August 26, 2002, the Chairman of the Budget
Committee of the National Congress submitted to the INA the Draft “Garifuna People Development”
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Decree” in order for it to issue its opinion thereon, which was issued on September 4, 2002 and was
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favorable. On October 2, 2002, the Minister Director of the INA expressed once again his support for the
motion introduced to approve a budget item to enable clearing of the title of the collectively owned lands
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of the Punta Piedra Community.
70.
In parallel, both the Garifuna Community and the petitioning organization sent several
communications to state officials reporting on how the encroachment by the ladinos of Rio Miel was
growing more serious. In fact, on August 24, 2002, the Pro-Improvement Civic Association of the Punta
Piedra Community requested the Minister Director of the INA “to reopen the negotiating process for
settlement of the dispute of Rio Miel […] which had remained inactive over the past few months. We have
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noticed the arrival of more outsiders to Rio Miel thus increasing the risk of conflict.” Likewise, in a note
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of October 1, 2002, OFRANEH requested the Congress to approve the necessary budget and on May
14, 2003, it requested information from the Minister Director of the INA, which was answered on May 26,
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Motion sponsored by Deputies Olegario López Róchez, Erick Mauricio Rodríguez, Samuel Martínez, Jorge Leonídas
García, among others, and introduced on April 18, 2002, before the National Congress. Annex to the initial petition dated October
27, 2003, received by the IACHR on October 29, 2003.
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Annex 10. Letter sent by the Budget Committee of the National Congress to the INA dated August 26, 2002. Annex to
the initial reply of the State of March 25, 2004, received on March 31, 2004.
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Annex 11. Letter sent by the Minister Director of the INA to the National Congress dated September 4, 2002. Annex to
the initial reply of the State of March 25, 2004, received on March 31, 2004.
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Annex 12. Letter sent by the Minister Director of the INA to the National Congress dated October 2, 2002. Annex to the
initial petition dated October 27, 2003, received by the IACHR on October 29, 2003.
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Annex 13. Letter sent by the Pro-Improvement Civil Association of the Punta Piedra to the Minister Director of the INA
of August 24, 2002. Annex to the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003.
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Annex 14. Letter sent by OFRANEH to the Minister Director of the INA dated February 21, 2002. Annex to the initial
petition dated October 27, 2003, received by the IACHR on October 29, 2003.