63
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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,
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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
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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
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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
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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
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Property Law decree 82-2004 of June 15, 2004 article 102.
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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.
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IACHR, Report on the Situation of Human Rights in Guatemala, 1993. OEA/Ser.L/V/II.83. Doc. 16 rev. 1, June 1993.
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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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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.