52 198. In addition to the Constitution, there are provisions under domestic law that recognize the territorial rights of the indigenous peoples, especially the aforementioned Article 92 of the Modernization 264 and Development of the Agrarian Sector Law of 1992, and the Property Law, adopted via Decree No. 82-2004 of June 29, 2004, Chapter III of which – Articles 93 to 102 – refers to the “process of regularizing ownership of real estate for the indigenous and Afro-Honduran peoples.” That law recognizes the traditional communal land system of the indigenous and Afro-Honduran peoples, under which the land is 265 inalienable, nonseizable and imprescriptible. It also recognizes the special importance of those peoples’ relationship with the land for their cultures and spiritual values. 266 199. In its written communications to the IACHR, the State of Honduras has similarly recognized the importance of territory as a guarantee for the survival of indigenous peoples: The indigenous peoples’ notion of the land extends far beyond the plot they farm collectively. For that reason, when they speak of land, they refer to the territory where they live, work, have their sources of water, breed animals and to the place where their forests, resources and other means of 267 sustenance are found. 200. In addition, through Decree No. 26-94 of May 10, 1994, published on July 30, 1994, Honduras ratified the International Labour Organization’s Convention No. 169 concerning indigenous and tribal peoples in Independent Countries. This Convention has been in force for the Honduran State since March 28, 1995. When it ratified that Convention, the State undertook to adopt special measures to guarantee the effective, unrestricted enjoyment of human rights and fundamental freedoms for indigenous peoples, and to include measures promoting the full exercise of their social, economic, and cultural rights, and respect for their social and cultural identity, customs, traditions, and institution. Regarding the right to property, Article 14 of the Convention establishes: The rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy shall be recognized. In addition, measures shall be taken in appropriate cases to safeguard the right of the peoples concerned to use lands not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities. 201. Convention No. 169, which forms part of Honduran domestic law, also establishes obligations to consult and facilitate the participation of the indigenous peoples in matters affecting them, as well as a series of provisions relating to rights to their land, effective protection with respect to hiring and employment, social security and health services, education, and educational facilities. 202. For the above reasons, the Commission considers that the right to property established in Article 21 of the American Convention includes the right to community property, in accordance with the Honduran Constitution and legislation. This consideration concurs with the views of the Inter-American Court which has stated the following: Applying the aforementioned criteria, the Court has considered that the close ties the members of indigenous communities have with their traditional lands and the natural resources associated with their culture, as well as the incorporeal elements deriving there from, must be secured under Article 21 of the American Convention. the culture of the members of indigenous communities reflects a particular way of life, of being, seeing and acting in the world, the starting point of which is their close relationship with their traditional lands and natural resources, not only because they are their 264 Article 92 of the Agricultural Modernization Law, Decree 31-92, establishes that title deeds will be granted to ethnic communities free of charge: “The ethnic communities that demonstrate occupancy of the land they are settled on for no less than the three-year period referred to in amended Article 15 of this Law shall receive full ownership title deeds completely free of charge and issued by the National Agrarian Institute within the period stipulated in the aforementioned Article 15.” 265 Property Law, Decree 82-2004 of June 29, 2004. Article 100. 266 Property Law, Decree 82-2004 of June 29, 2004. Article 93. 267 Document containing the State’s observations, presented on January 7, 2008.