28
land and the uncertainty surrounding its territory, given “the lack of collective titling, expansion, and remeasurement that we have repeatedly requested from the relevant institutions to no avail.” 110
120.
Nevertheless, the IACHR has not been informed of actions undertaken by those
authorities to effectively investigate the facts giving rise to the complaints and avert a recurrence of
similar deeds. Rather, the information at the Commission’s disposal indicates that the municipal
authorities took further actions that to this day prevent peaceful possession by the Community of this part
of its ancestral territory, even after the IACHR granted precautionary measures on April 28, 2006.
121.
It is clear, based on the evidence presented, that on July 6, 2006, the Municipality of Tela
approved the signing of a transaction with the IDETRISA and MACERICA to solve a dispute between the
111
two companies regarding ownership of the area. That transaction resulted in public deed No. 46 of
112
August 17, 2006, which can be found in the file with the IACHR. On October 4, 2006, the Municipality
decided to render null and void the agreement under which it decided to sign the aforementioned
113
contract. Nevertheless, according to the information at the IACHR’s disposal, on August 28, 2006, the
contract was registered in the Real Estate and Commercial Registry in Tela, and on October 18, 2006, it
was registered in the Register of Property, Mortgages, and Provisional Property Registration of the same
114
Public Registry Office.
122.
Furthermore, the information at the IACHR’s disposal indicates that construction work on
115
the tourism project subsequently resumed.
Based on information provided by the petitioner and not
contested by the State, the IACHR notes that construction is currently under way in this part of the
Garífuna Community’s ancestral territory. It also notes that the companies apparently conducting these
works with the authorization of the Municipality of Tela, have allegedly closed access roads to the beach
used by members of the Community, thereby preventing them from carrying out their traditional fishing
116
activities.
110
Annex 35. Communication from the Pro-Improvement Community Council of Triunfo de la Cruz to the Attorney General
on November 30, 1998. Annex 36 of the initial petition dated October 27, 2003, received by the IACHR on October 29, 2003.
111
Annex 36. Certification of Minutes No. 18 point 10 of the meeting held by the Municipality of Tela on September, 29
2006. Annex of the petitioner’s written communication in the precautionary measures proceedings of September 14, 2011, received
by the IACHR on October 3, 2011.
112
Annex 37. Notarized deed No. 46 on “settlement of litigation, decision to invalidate the purchase of several real estate
properties and annulment of the corresponding entries in the Registry, rectification of boundaries, award of part of a property to a
litigant, pursuant to the arrangement and commitment to grant a gratuitous bailment contract” signed by Macerica, Idetrisa and the
Municipality of Tela on August 17, 2006. Annex of the petitioner’s written communication in the precautionary measures proceedings
of September 14, 2011, received by the IACHR on October 3, 2011.
113
Annex 36. Certification of Minutes No. 18 point 10 of the meeting held by the Municipality of Tela on September, 29
2006. Annex of the petitioner’s written communication in the precautionary measures proceedings of September 14, 2011, received
by the IACHR on October 3, 2011.
114
Annex 37. Notarized deed No. 46 on “settlement of litigation, decision to invalidate the purchase of several real estate
properties and annulment of the corresponding entries in the Registry, rectification of boundaries, award of part of a property to a
litigant, pursuant to the arrangement and commitment to grant a gratuitous bailment contract” signed by Macerica, Idetrisa and the
Municipality of Tela on August 17, 2006. Annex of the petitioner’s written communication in the precautionary measures proceedings
of September 14, 2011, received by the IACHR on October 3, 2011.
115
Annex 38. Public complaint by the Management Board on February 12, 2007. Attached to the petitioner’s written
communication of August 16, 2007, received by the IACHR on August 17, 2007. IACHR, Public Hearing dated March 2 nd, 2007 on
“Case 12.548 – Garifuna Community of Triunfo de la Cruz, Honduras”, 127th period of sessions. Testimony of Jerson Selvit Benedit.
Annex 39. Article titled “Desisten de juicios para reiniciar proyectos turísticos en puerto de Tela”. [Lawsuits waived in order to
resume tourism projects in the Port of Tela] Annex of the petitioner’s written communication in the precautionary measures
proceedings of August 13, 2006, received by the IACHR on August 22, 2006.
116
Annex 40. Communiqué of the Management Board of the Community dated February 24, 2012. Annex to the
petitioner’s written communication dated March 9, 2012, received on the same date; Annex 41. Photographs of a poster which
reads: “Beach access road. Authorized by the Municipality of Tela; ceded, set up, and financed by IDETRISA” and “Private property.
Forbidden to use to access the beach." Annex of the petitioner’s writ dated March 9, 2012, received on the same date; Press
release titled “Construcción de muro en Triunfo de la Cruz viola medidas cautelares dictadas por la IACHR”, [Construction of wall in
Triunfo de la Cruz violates precautionary measures issued by the IACHR] August 2 nd, 2011. With regard to that, the petitioner said:
"In recent months, a perimeter wall is being built that is about 500 meters long by 300 meters. Bursts of heavy arms fire are often
heard on the site." Petitioner’s writ in the precautionary measures proceedings of August 5, 2011.