17 occupancy title was granted is located in the far east portion of the land previously granted as communal land (ejido), within the area that the Community considers it has historically occupied. 4. Granting of definitive title in fee simple to 380 hectares, 51 ares, and 82.68 centiares (1992-1996) 82. The 1975 Agrarian Reform Law was amended by the Law to Modernize and Develop the 50 Agricultural Sector, adopted by Decree No. 31-92 of March 5, 1992, in effect since April 6, 1992. Regarding the Garífuna communities, amended Article 92 reads as follows: Article 92. [… The ethnic communities that can attest that they have occupied the land on which they are settled for the period of at least three years indicated in amended Article 15 of this Law shall receive titles to full ownership of the land granted completely free of charge by the National 51 Agrarian Institute by the deadline indicated in said Article 15. 83. On November 11, 1992, the Triunfo de la Cruz Community applied for full ownership title 52 to the 380 hectares, 51 ares, and 82.68 centiares granted as communal land in 1950. That application was admitted by the INA in a note dated January 29, 1993 and registered with the number 25235. 84. On October 29, 1993, the INA issued a “definitive full ownership title” in favor of the Triunfo de la Cruz Community to the area requested, establishing its boundaries as follows: “North: 53 Caribbean Sea; South: National Land; East: National Land; and West: National Land.” The award was free of charge and included the transfer of “ownership, possession, easement, appurtenances, uses, and other rights in rem inherent to the real estate.” Furthermore, the title issued specified that: Notwithstanding the definitive nature of this transfer of title, this title remains subject to the following conditions: A) If the sale or donation of lots within the land adjudicated were to be permitted, they shall only be authorized for tourism projects duly approved by the Honduran Tourism Institute and for descendants of the beneficiary ethnic community; B) That respect be shown for the integrity of the forest, in order to ensure the existence of sources of water; for the quality of the beaches; for the stability of the land on steep slopes; and the habitat for local fauna, thereby preserving natural 54 environmental conditions. 85. On September 11, 1996, the title was registered in the Real Estate Registry. 50 Law on the Modernization and Development of the Agricultural Sector. http://www.ina.hn/userfiles/file/nuevos/ley_para_la_modernizacion_y_desarrollo_del_sector_agricola_lmdsa.pdf. 55 Available at: 51 According to the information presented by the parties, in accordance with this legislation, “between 1993 and 2004, 36 Garífuna communities and 6 Garífuna Peseant Cooperative Associations in the Departments of Atlantida, Colon, Cortes, Gracias a Dios and in the Bay Islands obtained full communal property title”. Annex 1. The Inspection Panel of the World Bank. Investigation Report on Honduras: Land Administration Program. Investigation Report No. 39933-HN. June 12, 2007. Attached to the petitioner’s written communication of October 13, 2008, received by the IACHR on October 15, 2008. 52 Annex 12. Application for definitive full ownership title dated November 11, 1992. Application No. 25235 submitted to the National Agrarian Institute, pp.1-3. Annex A to the State's writ containing its observations on the merits, dated March 8, 2007, received by the IACHR on March 9, 2007. 53 Annex 13. Definitive full ownership title granted by the National Agrarian Institute on October 29, 2003. Application No. 25235 submitted to the National Agrarian Institute, pages 64 and 65. Annex 5 of the petition initially dated October 27, 2003, received by the IACHR on October 29, 2003; Annex 7 of the petitioner’s written communication dated May 23, 2006, received by the IACHR on May 30, 2006; and Annex A to the document containing the State's observations on the merits dated March 8, 2007, received by the IACHR on March 9, 2007. 54 Annex 13. Definitive full ownership title granted by the National Agrarian Institute on October 29, 2003. Application No. 25235 submitted to the National Agrarian Institute, pages 64 and 65. Annex 5 of the petition initially dated October 27, 2003, received by the IACHR on October 29, 2003; Annex 7 of the petitioner’s written communication dated May 23, 2006, received by the IACHR on May 30, 2006; and Annex A to the document containing the State's observations on the merits dated March 8, 2007, received by the IACHR on March 9, 2007. 55 Annex 5. Application No. 57426 submitted to the National Agrarian Institute, page 351. Appendix 8 of the petitioner’s written communication of May 23, 2006, received by the IACHR on May 30, 2006.