Dios; moreover, a growing number of Garifuna live in cities such as La Ceiba, Tela,
Cortes, Trujillo, San Pedro Sula and Tegucigalpa. 48
84.
The Garifuna people constitute a distinct ethnic group and culture, the product
of syncretism between indigenous and African peoples, that has asserted its rights as
an indigenous people in Honduras. The Garifuna self-identify as an indigenous people,
successors to the Caribbean islanders, with some cultural expressions of African origin,
and self-identification is a subjective criterion and one of the fundamental criteria
established in Article 1(2) of ILO Convention 169 in order to be considered an
indigenous or tribal people. 49
85.
Additionally, Article 1(1) of ILO Convention No. 169 establishes objective
criteria 50 to describe the peoples it seeks to protect. Thus, the identity of the Garifuna
people is reinforced by having their own language, which “belongs to the Arawak
family of languages” 51 and by its forms of traditional organization based on cultural
Cf. World Bank Inspection Panel. Investigation Report. Honduras:: Land Administration Project,
supra, p. 19, para. 82, referring to 38 communities; Ethnic Poverty in Honduras, Utta von Gleich and Ernesto
Gálvez, supra, pp. 2 and 36, referring to 40 communities, 36 of which were mostly Garifuna and
Presentation before the Sub-Commission for the promotion and protection of human rights. Working Group
on Minorities, supra, referring to 46 communities.
49
Article 1(2) of ILO Convention 169 establishes self-identification as a subjective criterion, as follows
“self‐identification as indigenous or tribal shall be regarded as a fundamental criterion for determining the
groups to which the provisions of this Convention apply.” Cf. International Labour Organization (ILO),
Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries, adopted on June 27,
1989 and in force since September 5, 1991. Available at: http://www.ilo.org/dyn/normlex/
es/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C169. Honduras has ratified Convention No. 169,
which entered into force in that State on March 28, 1995. The dates on which Honduras ratified the ILO
http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11200:0::NO:
Conventions
are
available
at:
:P11200_COUNTRY_ID:102675. Likewise, Article 33(1) of the United Nations Declaration on the Rights of
Indigenous Peoples establishes that “Indigenous peoples have the right to determine their own identity or
membership in accordance with their customs and traditions”. Cf. United Nations, General Assembly
Resolution A/Res/61/295 of 13 September 2007. Honduras voted in favor of the adoption of this Declaration.
Available at: https://undocs.org/A/RES/61/295.
50
There are several criteria that establish what is understood by “indigenous people” or “tribal people”.
Article 1(1) of ILO Convention No. 169 established some objective criteria and indicates that the it applies to
“(a) tribal peoples in independent countries whose social, cultural and economic conditions distinguish them
from other sections of the national community, and whose status is regulated wholly or partially by their own
customs or traditions or by special laws or regulations; (b) peoples in independent countries who are
regarded as indigenous on account of their descent from the populations which inhabited the country, or a
geographical region to which the country belongs, at the time of conquest or colonization or the
establishment of present state boundaries and who, irrespective of their legal status, retain some or all of
their own social, economic, cultural and political institutions.” Cf. ILO, “The Rights of Indigenous and Tribal
Peoples in Practice. A guide to ILO Convention No. 169.” Programme to promote ILO Convention No. 169
(PRO 169) International Labour Standards Department, 2009, p. 9 and 10. Available at: http://www.ilo.org/
indigenous/Resources/Guidelinesandmanuals/WCMS_113014/lang--es/index.htm. In addition, to identify
indigenous peoples, it is essential to take into account their traditional lifestyles, customs and way of life that
differ from other segments of the national population (such as their subsistence practices, language and
customs); their distinctive social organization and political institutions, and the fact of having historical
continuity with pre-invasion and pre-colonial societies. Cf. Basic Principles of ILO Convention No. 169.
Available at: http://www.ilo.org/indigenous/Conventions/no169/lang--es/index.htm.
51
According to UNESCO, “The Garifuna language belongs to the Arawak family of languages and has
survived centuries of linguistic persecution and domination. It possesses great richness of úragas, stories
that were recited during evening or large social gatherings. The melodies meld African and Amerindian
elements and the texts are a veritable treasure trove of history and traditional knowledge of the Garifuna on
the cultivation of manioc, fisheries, canoe building and baked clay brick home-building. There is also a heavy
satirical component in the songs that are sung to the beat of drums and are accompanied by dance in which
spectators take part.” Cf. UNESCO, Masterpieces of the oral and intangible heritage of humanity – “The
language, dance and music of the Garifuna”, p. 17. Available at: http://unesdoc.unesco.org/images/0014/
001473/147344s.pdf. Referred to in the Merits Report (merits file, folio 13, para. 36).
48
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