granting the property title of full ownership to the Punta Piedra Garifuna community
through the National Agrarian Institute (hereinafter “INA”) it fail[ed] to clarify the
situation of the land occupied by inhabitants of the village of Rio Miel; [consequently,]
the title deed was defective as regards land ownership. In the Court’s opinion the said
acknowledgement has legal consequences that have an impact on the violation of the
right to property of the Punta Piedra community. Therefore, the Court will analyze the
scope of the violations alleged by the Commission and the representatives in the
following chapters (infra paras. 180 to 202).
47.
Lastly, regarding the claims for reparations, the Court takes note that, initially,
the State offered to update the appraisal of the useful and necessary improvements
made by the inhabitants of Rio Miel and to allocate a sum of money to purchase a
piece of land in order to relocate the inhabitants of the village of Rio Miel. However,
during the public hearing of the case, it changed its position in relation to the one
indicated in its answering brief.
48.
The State’s initial proposal referred to a relocation of the members of the village
of Rio Miel who were on territory belonging to the Punta Piedra community. However,
the three proposals presented later at the public hearing entailed the inhabitants of Rio
Miel remaining on the territory to which the Punta Piedra community had been granted
title.
49.
Consequently, the Court finds that the dispute presented subsists as regards
the possible reparations in the case and will, therefore, rule on the matter.
VI
PRELIMINARY CONSIDERATIONS
50.
In this chapter, the Court will make some preliminary consideration on: (a) the
State’s alleged failure to recognize the Punta Piedra Garifuna community as an original
people, and (b) some elements of the factual framework related to the “Sierra Rio
Tinto” National Park; the “Los Chorros” hydroelectric project; the BG Group’s oil
exploration activities, and the new Fisheries Act.
A. The State’s alleged failure to recognize the Punta Piedra Garifuna
community as original people
A.1 Arguments of the parties and of the Commission
51.
During the public hearing of the instant case, the State indicated that “the
Punta Piedra Garifuna community is not an original people of Honduras or of the
Central American region. The land claimed by them […] belonged to the Misquita
indigenous community.” Consequently, “[t]heir right to the territory they occupy is
exactly the same as the right to land that is occupied by the inhabitants of Rio Miel or
any other Honduran.” Subsequently, in its final written arguments, the State asserted
that “the Punta Piedra Garifuna community is not an original community of Honduras
or of the region; therefore, it cannot be considered an indigenous people.” It also
indicated that “since it is not an original people, it cannot invoke the right to ancestral
lands.” 27
27
In addition, in a communication of November 10, 2014, sent to the Court the same day, the State
indicated that it has not changed its position, insofar as domestic law does not distinguish between
16