the State must guarantee the application of this law in good faith; (iv) pay attention to
processes that emerge from the communities in order to legislate and enforce the right
to prior, free and informed consultation in keeping with the standards, case law and
other sources of international human rights law, with the communities’ participation in
the legislative process; (v) implement programs agreed upon with the Garifuna people
that generate significant impact and historical memory in society; (vi) exclude the
Garifuna communities from the municipal town centers, and (vii) adopt a multicommunal title for the area of Iriona and Gracias a Dios that would encompass 15
adjoining communities. Subsequently, in their final written arguments, the
representatives added the following guarantees of non-repetition: (i) abandon any
measure that has an impact on the territories without a prior, free and informed
consultation; (ii) repeal the Property Act because its provisions render the scope of an
eventual judgment of the Court illusory and would allow the repetition of facts such as
the ones of this case.
342. For its part, the State objected to the request to repeal chapter III of the
Property Act, on the “Procedure for regularizing real estate for indigenous and AfroHonduran peoples,” and related laws, because the Punta Piedra community “should
avail itself of the actions or remedies established by domestic law, as it has not […]
lodged requests before the competent national authorities and there is no record that
these have been denied in a final ruling or decision.” The State also rejected, in
general, the other measures of non-repetition proposed by the representatives.
E.1 Adaptation of domestic law
343. With regard to the request to adapt domestic law, the Court considered that
none of the provisions of the Property Act and its Regulations were applied to the
instant case; therefore, it has insufficient elements concerning the regulations
currently in force to conclude that the State failed to comply with Article 2 of the
American Convention (supra paras. 211 and 254). Consequently, owing to the lack of a
causal nexus between the facts and the violations that have been established, it is not
appropriate to order this measure.
344. Regarding the norms concerning prior, free and informed consultation, the
Court considered that article 82 of the Regulations to the General Mining Act was
imprecise as regards the stages prior to consultation, in contradiction with the
provisions of article 50 of this act which refers to the relevant international standards.
Therefore, the Court concluded that the State was responsible for the violation of the
right to communal property and of Articles 1(1) and 2 of the Convention, as well as the
right to cultural identity (supra para. 224).
345. Consequently, the State must, within a reasonable time, adopt all sufficient and
necessary measures to ensure that its mining regulations do not impair the right to
consultation, in the sense that this should be conducted even before prospection or
exploration programs are authorized.
346. In this regard, the Court recalls that when interpreting the laws applicable to
indigenous matters, the judges and organs involved in all levels of the administration
of justice are bound to exercise ex officio a “control of conventionality” between
domestic law and the American Convention, evidently within their respective terms of
reference and the corresponding procedural regulations. In this task, the judges and
organs involved in the administration of justice must take into account not only the
treaty, but also how it has been interpreted by the Inter-American Court, the ultimate
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