19 the attention of the authorities, both at the General Office of Criminal Investigation and the Office of the Special Prosecutor for Ethnic Groups and Property, where the investigation is still pending. 80. Additionally, the information in the case file before the IACHR indicates that on April 13, 2010, leaders of the Community filed a complaint with the Office of the Public Prosecutor for usurpation of 77 lands, identified with No. 0801-2010-12292, against “ladinos or outsiders.” It is also part of the record that on the same date, they reported to the Office of the Special Prosecutor for Ethnic Groups “the construction of a road that cuts through land owned by the Garifuna community of Punta Piedra, currently known as Rio Miel, without the appropriate prior consultation of the community, as required under Convention 169 […]”. Additionally, they reported “Paulino Mejía, a member of the Garifuna Community of Punta Piedra, was receiving death threats from three ladinos that have encroached on land belonging to the Garifuna community in Punta Piedra. … telling him that if he doesn’t leave there the same thing is 78 going to happen to him as to Félix Ordóñez …” . 81. With respect to the investigations conducted, based on the information provided, from October to December 2010, at the request of the Office of the Prosecutor for Ethnic Groups, officials of the General Directorate of Criminal Investigations and the INA were appointed to conduct an on-site inspection of the land and determine the areas that were usurped by private individuals. However, according to the State’s assertions, the inspection tour “could not be conducted … due to a lack of travel 79 expense and per diem expense money for the persons appointed to conduct those inspections.” 82. Moreover, the IACHR notes that concurrent with the process of recognition of the ancestral property of the Punta Piedra Community, legal provisions and programs were approved, which were aimed at regularizing and titling private property in Honduras —such as the Law of Property, approved under Decree No. 82-2004 of June 29, 2004 and the Honduras Land Administration Programwhich the Garifuna communities opposed, including the Punta Piedra Community, because they believe 80 that they ran counter to the recognition of their territorial rights.” Specifically, the petitioner argues that the indigenous and tribal peoples of Honduras were not consulted about the 2004 Property Law; that it granted specific rights to non-indigenous individuals occupying indigenous lands and that Article 100 thereof enables the ancestral territory of these peoples to be split up into tiny plots. Said article establishes that: It is declared and recognized that the communal regime of lands, which these peoples traditionally possess implies the inalienability, unattachability and imprescriptibility thereof. Notwithstanding, the same communities may put an end to the communal regime, authorize leasing to third parties or authorize contracts of another nature that enable the participation of the community in investments that contribute to its development. …continuation Bonifacio Castillo. Annexes to the submission introduced by the petitioner on July 19, 2007, during the working meeting at the 128th regular session. 77 On that occasion, they asserted that “[…] the ladinos of that area have come and encroached on the lands that belong to us and despite the fact that this problem goes back fifteen years, and the Inter-American Court was aware of the fact but the problem is that it [the community] is the target of threats over said conflict” [sic]. Annex 27. Complaint No. 0801-2010-12292, filed on April 13, 2010. Annex to the submission of the petitioner dated July 19, 2010, received by the IACHR on August 6, 2010. 78 Annex 27. Complaint No. 0801-2010-12292, filed on April 12, 2010. Annex to the submission of the petitioner dated July 19, 2010, received by the IACHR on August 6, 2010. 79 80 Submission of the State dated February 18, 2011. On this score, see Annex 28. Note of OFRANEH to the Director of the Program of Support to the Indigenous and Black Peoples, PAPIN, of October 5, 2006. Annex to the submission of the petitioner of October 13, 2006, received by the IACHR on October 31, 2006; and Annex 29. Agreement of understanding between OFRANEH and authorities of the Government of Honduras of September 28, 2006, item pertaining to the “Honduras Land Administration Program (PATH).” Annex to the submission of the petitioner dated october 16, 2006, received by the IACHR on October 31, 2006.

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