18
5.
Requests for extension of full ownership title and the granting of title in fee simple
to 234 hectares, 48 ares, and 76.03 centiares (1997-2001)
86.
According to the information at the IACHR’s disposal, the Triunfo de la Cruz Community
and its members subsequently filed at least three applications with the INA with a view to obtaining title in
fee simple to the rest of the land they had historically occupied. According to the information in the IACHR
file, two of those applications went unanswered and the last led to the granting of definitive full ownership
title to 234 hectares, 48 ares, and 76.03 centiares.
87.
Thus, according to the evidence submitted, on September 8, 1997, a representative of
the Triunfo de la Cruz Community filed an application with the INA to be granted “definitive title in fee
simple to the land they peaceably occupy,” consisting of an area measuring 600 hectares, with the
following boundaries: to the north, property of the Community, Caribbean Sea and River Plátano; to the
south, Cerro El Tigre and kilometer 7; to the east, River Plátano and kilometer 7; and to the west, Cerro
56
Triunfo de la Cruz and Laguna Negra. According to the information at the IACHR’s disposal, on
December 5, 1997, the INA admitted the application and ordered that an agrarian commissioner be
57
appointed to measure the land occupied by the Community. However, the IACHR was not notified
whether this action actually was taken, nor was it informed of any subsequent steps to address the
application.
88.
At the same time, on July 8, 1998, in her capacity as President of the Community
Council, Ms. Damacia Ramírez Morales filed an application with the INA to be awarded a fee simple title
58
to the 126.40 hectares for which a guarantee of occupancy had been granted in 1979 . According to the
information provided by the parties, the first action taken by the INA was, at the request of the Community
itself, to serve an injunction on the Municipality of Tela on July 29, 1999 to provide information regarding
the juridical nature of the area, given that at that time the municipal urban perimeter had been expanded
59
(see below, section IV.D.1) . Once the Municipality had responded to that request, on August 29, 1999
the Community asked for a determination regarding the legal status of the plot it had requested. Based on
the information in the file with the IACHR, this request went unanswered.
89.
On April 4, 2000, the Community requested that an agrarian commissioner be appointed
to conduct a field inspection and measure or re-measure the property and it reiterated that request on
60
May 22, 2000. In response, and “with a view to determining and locating the measurement lines for the
fee simple title already granted to said Garífuna Community,” on July 4, 2000 an Agrarian Commission re61
measured the area granted in 1993. According to the technical report drawn up by INA’s Head of Land
Registry and Measurement following the re-measurement, the lands identified by the Community during
56
Annex 5. Application for definitive full ownership title to 600 hectares dated August 28, 1997. Application file No. 47891,
with the National Agrarian Institute, pages 1 and 2. Appendix 8 of the petitioner’s written communication of May 23, 2006, received
by the IACHR on May 30, 2006.
57
Annex 5. Ruling of the National Agrarian Institute dated December 5, 1997. Application file No. 47891, with the National
Agrarian Institute, pages 16. Appendix 8 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May
30, 2006.
58
Annex 5. Application for definitive full ownership title to 126.40 hectares dated July 8, 1998. Application File No. 10357
with the National Agrarian Institute, pages 18 to 20. Appendix 8 of the petitioner’s written communication of May 23, 2006, received
by the IACHR on May 30, 2006. In the application it says that the guarantee of occupancy was granted in 1969. However, the title in
the file is dated 1979.
59
Annex 5. Injunction of the National Agrarian Institute to the Municipality of Tela dated July 29, 1999. Application file No.
10357, with the National Agrarian Institute, pages 283. Appendix 8 of the petitioner’s written communication of May 23, 2006,
received by the IACHR on May 30, 2006.
60
Annex 5. Communications presented by the Triunfo de la Cruz community to the National Agrarian Institute on April 4,
2000 and May 22, 2000. Application file No. 10357, with the National Agrarian Institute, pages 302 and 306. Appendix 8 of the
petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006.
61
Annex 5. Injunction of the National Agrarian Institute to the Municipality of Tela, dated July 29, 1999. Application File
No. 10357 with the National Agrarian Institute, pages 351 to 353. Appendix 8 of the petitioner’s written communication of May 23,
2006, received by the IACHR on May 30, 2006.