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.
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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.