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effective security and legal certainty that must characterize the title deed to which the indigenous peoples
are entitled. In this regard, the IACHR has expressly indicated that the legal stability of the lands is
impaired when the law fails to guarantee the inalienable nature of the communal lands and allows
communities to dispose of them freely and to establish collateral, mortgages, or other liens on them, or to
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lease them. As pointed out by the former Special United Nations Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia, and related intolerance, Doudou Diène, in his report of March
22, 2005, in the case of the Garífuna communities in Honduras, this has translated into constant fear of
being dispossessed of their ancestral lands.
… The possibility of owning their ancestral lands is a central and pressing preoccupation of the
Garífuna. Some progress has been made thanks to recognition of the rights of some communities,
but several other communities, such as those in Cayos Cochinos (Islas de la Bahía de Tela),
Triunfo de la Cruz and San Juan (municipality of Tela) and Punta Piedra (municipality of Colón),
live in fear of being dispossessed of their lands, which are coveted by powerful farm and hotel
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owners.
…
Representatives of indigenous peoples have expressed their fear that big economic development
projects, particularly in the fields of tourism, mining and farming, will contribute to dispossessing
them of their lands. There is indeed a growing pressure on these peoples to sell their lands to
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businesses […].
225.
At the same time, the IACHR notes that one of the impediments to full enjoyment of the
ancestral territory has to do with the establishment of a protected area in Punta Izopo, and the intrusting
of its management to a private foundation, PROLANSATE. Here, the IACHR observes that, although
Decree No. 261-2000 establishes that the owners or possessors in the Punta Izopo Protected Natural
Area “will preserve their rights,” it also orders the INA “to grant full ownership title to current possessors of
properties that have not been legalized,” with the sole exception of those included in the central zone of
the National Park. Considering that, as has been deemed proven, part of the ancestral lands of the
Community are located in the buffer zone of this protected area, the IACHR considers that the adoption of
measures aimed at giving titles to third parties in the area are contrary to the Community’s territorial
rights.
226.
In addition, the IACHR notes that, based on the agreement signed with PROLANSATE
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and laws and regulations on the subject, the establishment of the Punta Izopo Park involved restricting
the rights to use and enjoyment of the area by members of the Community, who in practice have not been
able to exercise those rights. As the IACHR previously ascertained, the Community has been prevented
from conducting its cultural and economic subsistence activities in Punta Izopo. Moreover, several areas
of that Park have been used for purposes other than environmental conservation.
227.
At the same time, as has been shown, one of the main impediments to peaceable
possession by the Community has been the presence of and gradual appropriation by mestizos “ladinos”
and non-Garífunas in its ancestral territory. The IACHR considers it a proven fact that competent
authorities were aware of the presence of numerous mestizos in indigenous lands. The Community
repeatedly requested clearing of encumbrances of its lands, to which the authorities expressly committed
themselves. Nevertheless, the State provided no evidence to the IACHR that this had taken place. On the
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IACHR, Second Report on the Situation of Human Rights in Peru. Doc. OEA/Ser.L/V/II.106, Doc. 59 rev., June 2nd,
2000, paragraph 18. 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 89.
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United Nations. Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related
intolerance, Doudou Diène. Report on Mission to Honduras. E/CN.4/2005/18/Add.5. March 22, 2005. paragraph 19.
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United Nations. Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related
intolerance, Doudou Diène. Report on Mission to Honduras. E/CN.4/2005/18/Add.5. March 22, 2005. paragraph 22.
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Articles 9 and 10 of Decree No. 261-2000. Likewise, the Property Law establishes, with respect to protected areas
located on lands of the indigenous and afro-Honduran peoples, that they will be managed jointly with the State, abiding by the land
use planning regulations which establish limits on use and titling for general interest reasons. Property Law Decree No. 82-2004 of
June 15, 2004, Article 101.