51 194. In addition to their collective notion of property, the indigenous peoples have a special, unique, and internationally protected relationship with their ancestral territories, which is not found in nonindigenous peoples. This special and unique relationship between indigenous peoples and their traditional territories is protected under international law. As the IACHR and the Inter-American Court have affirmed, preservation of the special ties between the indigenous communities and their lands and resources is linked to the very survival of these peoples and therefore ”warrants special measures of 258 protection.” The property right of indigenous and tribal peoples protects their close ties to their 259 territories and to the natural resources related to their culture that are found there. 195. The right to territory includes the use and enjoyment of its natural resources and is directly related, even as a prerequisite, with the rights to a dignified existence, food, water, health, and 260 life. For that reason, the IACHR has pointed out that “relations to its land and resources are protected by other rights set forth in the American Convention, such as the right to life, honor, and dignity, freedom of conscience and religion, freedom of association, rights of the family, and freedom of movement and 261 residence.” 196. The protection of property rights, guarantees, and judicial protection is reinforced by the general obligation to respect the human rights established by Article 1.1 of the Convention. Moreover, Article 2 of the American Convention establishes that were the exercise of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States’ Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such 262 legislative or other measures as may be necessary to give effect to those rights or freedoms. 2. Right to collective property of the Community of Triunfo de la Cruz and its members 197. The Honduran Constitution of 1982 recognizes the existence of indigenous peoples and 263 the importance of preserving and stimulating their culture. In Article 346, the Constitution recognizes the property right of the indigenous peoples and establishes the obligation to issue regulations to protect the rights and interests of the indigenous communities found in the country. That provision states: It is the duty of the State to enact measures to protect the rights and interests of indigenous communities in the country, especially of the land and forests where they settled. 258 IACHR, Report No. 75/02, Case 11.140, Mary and Carrie Dann (United States), December 27, 2002, paragraph 128; I/A Court H.R. Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Judgment of August 31, 2001. Series C No. 79. paragraph 149. Also see I/A Court H.R., Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of March 29, 2006. Series C No. 146, paragraph 222. 259 IACHR, Follow-Up Report – Access to Justice and Social Inclusion: The Road Towards Strengthening Democracy In Bolivia. Doc. OEA/Ser/L/V/II.135, Doc. 40, August 7, 2009, paragraph 156. I/A Court H.R. Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Judgment of August 31, 2001. Series C No. 79. paragraph 148. I/A Court H.R. Case of the Yakye Axa Indigenous Community v. Paraguay. Merits, Reparations, and Costs. Judgment of June 17, 2005. Series C No. 125, paragraph 137. I/A Court H.R. Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of March 29, 2006. Series C No. 146, paragraphs 118, 121. 260 IACHR, Democracy and Human Rights in Venezuela, 2009. Doc. OEA/Ser.L/V/II, Doc. 54, December 30, 2009, paragraphs 1076-1080. 261 IACHR, Indigenous and Tribal Peoples’ Rights Over Their Ancestral Lands and Natural Resources. Norms and Jurisprudence of the Inter-American Human Rights System. OEA/Ser.L/V/II.Doc.56/09, December 30, 2009. 262 IACHR, Indigenous and Tribal Peoples’ Rights Over Their Ancestral Lands and Natural Resources. Norms and Jurisprudence of the Inter-American Human Rights System. OEA/Ser.L/V/II.Doc.56/09, December 30, 2009, paragraph 43. 263 Constitution of Honduras, Article 173- The State will preserve and stimulate native cultures, as well as genuine expressions of national folklore, popular art and crafts.

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