63 313 community lands.” Nevertheless, the IACHR stresses that the adoption of provisions is not sufficient to comply with States’ international obligations. As has been stated previously, based on Article 2 of the Convention, the Indigenous peoples are entitled to effective implementation of the law. Under that provision States must ensure effective, practical implementation of the constitutional, legal, and regulatory provisions in its domestic law establishing the rights of indigenous and tribal peoples and their members, 314 thereby ensuring the effective enjoyment of such rights. 244. It was clear to the IACHR, that, for the members of the Community, the expansion of the urban core exacerbated the situation of conflict, insecurity, and anxiety they are experiencing 30 years after that decision was taken. The situation referred to manifests itself in numerous ways that have been documented throughout this report. 245. As shown above, the Community of Triunfo de la Cruz has constantly complained to administrative and judicial authorities regarding acts of harassment and violence perpetrated by government officials and private individuals coveting their ancestral lands. Specifically, the file with the IACHR contains multiple complaints to State authorities regarding acts such as sales of Community land, attempts to dispossess the Community, destruction of crops, and threats using firearms and harassment, all of which clearly testify to the confrontational and insecure situation that exists in the Community’s ancestral territory. 246. The IACHR likewise observes that the Community was prevented from routinely carrying out such traditional subsistence activities as fishing, the gathering of food, and the cultivation of crops, which were even destroyed by third parties bent of achieving eviction from the areas sold to them. The IACHR recalls that, as it pointed out in a previous occasion, “from the standpoint of human rights, a small corn field deserves the same respect as the private property of a person that a bank account or a modern 315 factory receives […],” which is even truer of practices relating to the preservation of the Garífuna peoples’ culture. The Community was also prevented from exercising peaceable possession of its territory due to denunciations of encroachment, whereby the historical occupants, paradoxically were considered to have invaded their land. 247. Another grave consequence noted by the IACHR is that the expansion of the urban core gave rise to severe pressure, threats, and even the murder and arrest of community leaders and authorities. As the Commission has previously pointed out, many of the attacks against the lives and personal integrity of indigenous leaders “are intended to dissuade them from engaging in activities to defend and protect their lands and natural resources, and to defend their right to autonomy and cultural 316 identity.” In the IACHR’s opinion, this case illustrates the effect of aggression, attacks, and harassment against leaders, because they not only seriously undermine cultural integrity; they also weaken unity in 317 the Community regarding the defense of its rights. 248. Accordingly, the Commission considers that these facts are evidence of grave harm done, in this case, to the Community’s ancestral property right. They form part of a complex and lengthy fight for the recognition and defense of the Garífunas’ ancestral lands, in which the Community, as a collective entity, and its individual leaders and members had other rights impaired, such as their rights to life, personal integrity, political participation or freedom of association. They also reaffirm the 313 Property Law decree 82-2004 of June 15, 2004 article 102. 314 IACHR, Democracy and Human Rights in Venezuela, 2009. Doc. OEA/Ser.L/V/II, Doc. 54, December 30, 2009, paragraph 1062. See also: IACHR, Access to Justice and Social Inclusion: The Road Towards Strengthening Democracy In Bolivia. Doc. OEA/Ser/L/V/II, Doc. 34, June 28, 2007, paragraphs 134, 149, 220, 297 - Recommendation 4. 315 IACHR, Report on the Situation of Human Rights in Guatemala, 1993. OEA/Ser.L/V/II.83. Doc. 16 rev. 1, June 1993. 316 IACHR. Second Report on the Situation of Human Rights Defenders in the Americas. OEA/Ser.L/V/II. Doc. 66. December 31, 2011. paragraph 298. 317 IACHR. Second Report on the Situation of Human Rights Defenders in the Americas. OEA/Ser.L/V/II. Doc. 66. December 31, 2011. paragraph 298.

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