return of the community’s lands. It also indicated that, “following the relocation of the Rio Miel inhabitants, the State must adopt the necessary measures to prevent new invasions of the community’s territory by third parties. Likewise, the State must refrain from taking decision that affect this territory without conducting a prior, free and informed consultation in order to obtain its consent.” 320. The representatives requested: (a) total restitution of the Punta Piedra community’s lands that are in the hands of the inhabitants of Rio Miel; (b) annulment of all land titles granted to third parties over communally titled land (in all the Garifuna communities), and (c) legal recognition of the possession of ancestral land of all the Garifuna communities. In their final written arguments, the representatives asked that the entire territory of the Punta Piedra community be freed of encumbrances, considering not only the areas invaded by new settlers, but also the other areas possessed by third parties, the forest and the functional habitat. To this end, they requested the establishment of comprehensive mechanisms to relocate the new settlers, and the necessary security measures to protect the life and integrity of the members of Rio Miel, and the establishment of specific time frames to free the land of encumbrances. They also requested the immediate adoption of comprehensive measures to prevent the continuation of the conflict in the area and so that, when the lands have been returned, there will be no further invasions of the Garifuna territories. 321. In its answering brief, the State “propose[d] to again update the appraisal of the improvements made by the [Rio Miel inhabitants] and also to allocate an additional five (5,000,000.00 Lps.) to six million lempiras (6,000,000.00 Lps.) to purchase a property to relocate the members of the village of Rio Miel. However, during the public hearing of the case, the State made the following proposals: (i) “that the Punta Piedra Garifuna community accept that the State […] pay it for the land that is currently occupied by the Rio Miel inhabitants and the said land becomes the property of the inhabitants of Rio Miel”; (ii) “that the Punta Piedra Garifuna community accept that the State […] grant it an area of land equal to the one occupied by the inhabitants of Rio Miel in another place adjacent to their previous title,” or (iii) “that the Rio Miel community […] pay the Punta Piedra Garifuna community an annual rent for the land they occupy.” 322. In Chapter IX, the Court determined that the State had violated Articles 21 and 25 of the Convention because it had failed to ensure the use and enjoyment of communal property by freeing it of encumbrances, and because it had failed to execute the agreements reached (supra paras. 189, 202 and 251); therefore, these omissions allowed a gradual increase in the occupation of the communal territory, depriving the Punta Piedra community of the peaceful and effective use and enjoyment of its territory (supra paras. 189 and 197). The Court also noted that more than 15 years have passed since the State assumed the obligation to free the territory of encumbrances and, at this time, other settlers are established in that area. 323. The Court finds that, in order to achieve full reparation for the violations that have been proved by the restoration of the violated rights, it is incumbent on the State to free of encumbrances the traditional lands that the State titled to the Punta Piedra community and to ensure implementation of the agreements reached. The State must comply with this obligation to free the territory of encumbrances ex officio and with extreme diligence (supra para. 186). In this regard, the State must remove any type of obstacle or intervention in the territory in question (supra para. 181); in particular, by ensuring the full and effective ownership of the members of the Punta Piedra 90

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