acknowledged that there had been “an involuntary error when establishing among the
conditions of the title,” the exclusion of the areas occupied and exploited by individuals
who did not belong to the Punta Piedra community. Consequently, on January 11,
2000, this clause was “eliminated and annulled.” 82 As a result of this rectification, the
ownership title that the State had granted to the Punta Piedra community in 1999
covered the total area awarded, merely retaining the exclusion of the area titled to
Ambrocio Thomas Castillo and Sergia Zapata Martinez (supra para. 98).
101. Based on the above, the State granted the Punta Piedra Garifuna community
two ownership titles, one in 1993 and the other in 1999, covering 800 hectares and
748 m2, and 1,513 hectares and 4,503 m2, respectively, for a total of just over 2,314
hectares; both of them valid at this time.
C. Occupation of the territory titled to the Punta Piedra Garifuna community
by the inhabitants of the village of Rio Miel
102. According to different testimonies, the occupation of the territories of the Punta
Piedra community by third parties presumably began around 1993, 83 following the
arrival of the first settlers in the area known as “Entrerrios,” from where they allegedly
emigrated in 1993 to traditional crop-production lands located on the banks of the
River Miel, currently territory titled to the community. This occupation resulted in the
community known as “Rio Miel,” which led to a land ownership dispute between the
two communities. 84 However, based on the “Summary of the socio-economic survey”
of the village of Rio Miel conducted by INA in June 2007, and statements by the
settlers, at least 32 occupants, together with their dependents, had presumably been
occupying the area since 1987. 85 Also, during the on-site visit, some people said they
had been living in the area for 30 years. Consequently, the Court is unable to verify
the exact year in which those settlers (who have also been called “ladinos” 86 by
members of the Punta Piedra community and in several of the State’s briefs 87) first
settled in the territory titled to the Punta Piedra community, despite some indications
that third parties had settled on the land before the title expanding the territory had
been granted.
103. Currently, the village of Rio Miel has approximately 400 inhabitants, according
to a statement made by Petronilo Lopez, President of the Rio Miel Development
82
Rectification of the definitive ownership title granted by INA on January 11, 2000 (evidence file,
folio 23).
83
During the public hearing, Lidia Palacios stated that “invaders started to arrive in our community, in
our lands, in 1993.” Also, Doroteo Thomas pointed out that “Punta Piedra’s problems started in 1993, due to
an invasion. […] Land that had belonged to the Punta Piedra community was invaded by outsiders.”
Statement by Lidia Palacios during the public hearing held before the Inter-American Court on September 2,
2014, and statement by Doroteo Thomas Rodriguez during the public hearing held before the Inter-American
Court on September 2, 2014. Cf. Affidavits made by Dionisia Ávila Castillo and Edito Suazo Ávila on August
20 and 21, 2014, respectively (merits file, folios 464 and 488). Also, expert witness Christopher Loperena
indicated that “the ladino community of Rio Miel was founded in 1993.” Affidavit made by expert witness
Christopher Loperena on August 22, 2014 (merits file, folios 440 to 442).
84
Cf. Undertaking signed by the communities of Punta Piedra and Rio Miel on December 13, 2001
(evidence file, folio 30).
85
Cf. Summary of the socio-economic survey of the village of Rio Miel conducted by INA in June 2007
(evidence file, folios 748 to 750).
86
Although the word “ladino” has been used by members of the Punta Piedra community and in
several of the State’s briefs, the Court will refer to these individuals also as “third party occupants,”
“inhabitants of Rio Miel,” “inhabitants of the village of Rio Miel” and “Rio Miel peasant farmers.”
87
Cf. The State’s brief of March 25, 2004, received by the Commission on March 31, 2004 (evidence
file, folios 428 and 429).
30