189. Therefore, the failure to ensure the use and enjoyment of property because the
State did not to free the Punta Piedra community’s territory of encumbrances for more
than 15 years, as well as the failure to execute the aforementioned agreements,
created serious tensions between the communities in question. This has prevented the
Punta Piedra community from enjoying the effective possession and protection of its
territory vis-à-vis third parties in violation of the right to collective property.
B.3.1 Increase in third-party occupation of the territory titled
190. The 2007 cadastral survey report provided information regarding the area
occupied by third parties at that time. However, a dispute exists as to the territory
granted in the second title that, following the said report and at the present time, is
allegedly occupied by third parties who are not members of the Punta Piedra
community. The Court will now make the relevant analysis.
191. In their final arguments, the representatives indicated that “the total area
occupied by Rio Miel settlers corresponded to the whole area of the 1999 expansion
[…] which the settlers have used to make fenced pastures for extensive cattle raising,
for housing and for crop production. Occupation occurred at three distinct times: prior
to 1993 there was no settler invasions; from 1993 to 2003, the first settlers
established themselves; and from 2003 to date, those lands were sold to new settlers
[…].” In their observations on the on-site procedure, the representatives emphasized
that, from the overflight made during the visit, it possible “to observe that the region is
totally covered by African palm monocultures, and the houses of the Rio Miel
community in the hills, as well as vast areas of pasture and plowed lands. None of the
agricultural activities correspond to the way the Garifuna cultivate the land.”
192. Meanwhile, in its final arguments, the State pointed out that it was a proven
fact, based on the statements of members of the Garifuna community, that the lands
they claim had been occupied and exploited by the Rio Miel inhabitants since 1993 and
the INA Cadastral Report “verified the existence of an area of approximately 612.13
hectares that was occupied by those inhabitants.” According to the State, the current
occupation by Rio Miel inhabitants “is defined as a consolidated settlement owing to
the construction of housing infrastructure, with permanent constructions and public
services such as potable water and electricity […]. At present, there are 71 heads of
household for a total of 355 inhabitants who jointly occupy 612.13 hectares that are
used for cattle raising, and cultivation of African palm, plantains and rice.”
193. The Court takes note that during the hearing in this case, the representatives
asked presumed victim, Doroteo Thomas Rodriguez, about the size of the area
occupied by the Rio Miel settlers and he answered:
“[i]n the expansion title [of 1,500 hectares], the Punta Piedra community is not
working even an inch of land because it is in the hands of the invaders and when
we make a claim we are always told, “you have the documents but we have the
land.”
194. Meanwhile, in answer to the State’s question about the occupation of the land
granted in the 1999 expansion title deed by the Rio Miel inhabitants, presumed victim
Lidia Palacios answered that:
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