third parties. 98 This did not include the territories awarded to Ambrocio Thomas Castillo
and Sergia Zapata Martinez. 99 Also, part of the territory granted in the first ownership
title – at least 8.34 hectares – is occupied by third parties. 100 This information was
ratified during the on-site visit in this case, although the parties have not provided
information updated to the present.
108. The Court also assessed various satellite images provided in the AAAS report
(supra para. 17). These images corresponded to 1993 to 2013 and were taken over
the total area granted to the Punta Piedra Garifuna community, which corresponded to
800 hectares granted by the 1993 title (Zone 1) and the 1,513 hectares and 5,445.03
m2 granted by the 1999 expansion title (Zone 2). 101
109. Regarding the area corresponding to the expansion title deed, this was divided
into two areas. The first, Zone 2-A, covering 612.13 hectares occupied by the village of
Rio Miel, 177.98 hectares corresponding to wooded areas, 68.06 hectares owned by
Ambrocio Thomas and 2.13 hectares of highways and tracks, according to the 2007
INA Cadastral Report. The second, Zone 2-B, consisting of an area of 653.24 hectares
that, at the date of the cadastral report, corresponded to the Garifuna territory that
has allegedly been occupied by Rio Miel inhabitants. Taking this into account and based
on the information provided by the AAAS Report (see annex 2), the Court notes that:
(a) in Zone 2-A, where the village of Rio Miel is located, visible structures increased
from approximately 92 in 2002 to 134 in 2013; (b) in Zone 2-B, the number of
structures also increased from an average of 7 structures to 21 in 2013, which
corresponds to a 200% increase; (c) an increase in cleared land was evident in Zone
2-B, in the area that was previously wooded, increasing from 78.15 hectares in 2002
to 262.57 hectares in 2013, and (d) lastly, the area identified as crop-producing land
in Zone 2-B, also increased by approximately 100% between 2002 and 2013,
expanding from 6.28 hectares to 13.16 hectares. This will be analyzed in the
corresponding section of the chapter on merits (infra para. 195 to 197).
D. Steps taken to free the territory of the Punta Piedra Garifuna community of
encumbrances
110. Given that part of the 1,513.54 hectares granted by the 1999 title deed had
been occupied by third parties, the Punta Piedra community took several steps to free
their ancestral territory of encumbrances and, thereby, use and enjoy it peacefully.
These steps included the 2001 signature of an undertaking; requests to the National
Congress that it adopt budget items; requests to INA for information; adoption of a
memorandum of understanding in 2006, and participation in working meetings to
obtain clear title to their territory.
98
The 790.11 hectares are calculated adding the 612.13 hectares occupied by third parties to the
177.98 hectares of forested areas also occupied by Rio Miel inhabitants.
99
To the contrary, the 2007 Cadastral report indicated that the territory occupied with full ownership
by Ambrocio Thomas Castillo, was located within the expanded area of just over 1,513 hectares titled to the
Punta Piedra community, and even calculated that the total number of hectares was 68.06 hectares, which is
greater than the number established in the first exclusion clause of the 1999 title deed and in the
corresponding property titles. However, according to the clarification of December 1999 (supra, para. 98),
the area titled to Ambrocio Thomas Castillo and Sergia Zapata Martinez was presumably not included in the
slightly more than 1,513 hectares of the 1999 title deed.
100
Cf. Cadastral report of July 12, 2007, supra (evidence file, folios 39 and 40).
101
Cf. Report on the assessment of satellite imagery regarding changes in land use within and around
the Garifuna territory in Honduras: 1993-2013. Report of January 2015 prepared by the Geospatial
Technologies and Human Rights Project of the American Association for the Advancement of Science (merits
file, folios 776 and 777).
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