May 16, 2013, INA repeated the initial request. 130 On June 7, 2013, the Finance
Ministry concluded that given the Public Administration’s difficult economic situation no
funds were available to respond to this request that entailed additional resources to
those already included in the national budget. 131 Following two requests for
reconsideration dated June 17 and September 9, 2013, 132 the Finance Ministry ratified
the refusal to create a new budget item on September 12 and October 10, 2013. 133
Therefore, the budget item was not created and the territory of the Punta Piedra
Garifuna community was not freed of encumbrances, as the State has acknowledged
before this Court (supra para. 37).
124. In their observations on the on-site procedure, the representatives emphasized
that the leaders of the Rio Miel Development Association had initially told the Court’s
delegation that they would be willing to receive payment for the improvements and
relocate if the State gave them good quality land because an agreement existed and
this was verified by the Court’s delegation. However, later during the same procedure,
members of that village indicated that they did not want to go, because they had made
significant investments in its development and growth.
E. “Punta Piedra II” non-metallic mining concession
125. On December 4, 2014, by resolution No. 105/12/2014 of the Honduran Institute
of Geology and Mines, the mining corporation, CAXINA S.A., was granted a concession
for non-metallic mining exploration, under which it intended to execute the project
known as “Punta Piedra II.” The concession was granted for ten years, renewable at
the contractor’s request, over an area of 800 hectares. 134
126. With regard to its location, according to the State, the territory of the Punta
Piedra community does not form part of the area granted in concession because there
are 1.25 kilometers between the nearest points of the two territories. However, during
the on-site procedure conducted in the instant case, the State (Jesus Flores, INA
engineer) gave the Court’s delegation a map on which it was verified that the area
granted in concession covered part of the eastern border of the Punta Piedra
community’s territory, according to both the 1993 definitive title and its 1999
expansion 135 (see Annex 3).
127. It was also noted that the “Punta Piedra II” project was at the stage of
exploration and determination of the financial feasibility of the deposit to be exploited.
Cf. Official letter No. DE-42-2013 addressed by the INA Minister-Director to the Ministry of Finance
of May 16, 2013 (evidence file, folios 1342 and 1343).
131
Cf. Official letter No. 070-DGP-ID addressed by the INA Minister-Director to the Ministry of Finance
on June 7, 2013 (evidence file, folio 1339).
132
Cf. Official letters No. DE-058-2013 of June 17, 2013, and No. DE-088-2013 of September 9, 2013,
addressed by the INA Minister-Director to the Ministry of Finance (evidence file, folios 1337 and 1338,
respectively).
133
Cf. Official letters No. 097-DGP-ID of September 12, 2013, and No. 158-DGP-ID of October 10,
2013, addressed by the Ministry of Finance to the INA Minister-Director (evidence file, folios 1340 and 1341,
respectively).
134
Cf. “Consolidated Annual Financial Statement, DAC-2014,” prepared by CAXINA S.A., mining
corporation, on January 27, 2015 (merits file, folio 756 and 757).
135
Cf. Map of the territory titled to the Punta Piedra Garifuna community handed over during the onsite procedure of August 25, 2015 (merits file, folio 1126).
130
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