21
land is not sufficient proof of property […], reason for which it can be assumed it is the State’s
domain.”67
66.
Later, on March 6, 1996, the Honduran Institute of Tourism indicated with regard to
the request for the creation of an agricultural population center presented by the Community
of Triunfo de la Cruz, that the land requested by the Community was located within the urban
perimeter of the Municipality of Tela, which was registered in favor of said Municipality. On
that occasion a copy of the case file was also forwarded to the Office of the Attorney General
of the Republic and the Comptroller General of the Republic, and the INA was asked to
“suspend the procedures until the legal analysis of the previously stated institutions was
concluded.”68
67.
The Comptroller General of the Republic started an investigation on the legality of the
sales, reason for which the INA decided to maintain “in suspense the allocation procedure in
favor of the Community”, until “the Office of the Attorney General of the Republic and the
Comptroller General have analyzed and jointly defined the situation presented. 69” There is no
updated information regarding this procedure.
B.3. Granting of the title of “guarantee of occupation” on 126.40 hectares during
the second legislation of agrarian reform (1979)
68.
Based on the new Agrarian Reform Law, the Community presented a request before
the INA which resulted in said institution extending a title of “guarantee of occupation” over
126.40 hectares, located on the Eastern extreme of the lands previously given as communal
land, within the area acknowledged by the Community as historically occupied on September
28, 1979.70
B.4. Granting of a definitive title of full ownership over 380 hectares, 51 areas,
82.68 square meters (1993)
69.
Based on the Law for the Modernization and Development of the Agricultural Sector,
on October 29, 1993 the Community was freely extended a “definitive title deed in full
ownership” over the 380 hectares, 51 areas, 83.69 square meters granted as communal land
in 1950, stating that “in the event that the sale or donation of the plots of the land allocated
were permitted, it is authorized only for tourism projects duly approved by the Honduran
Institute of Tourism and to descendants of the benefited Ethnic Community;” respecting the
natural resources in order to preserve “the natural conditions of the location.”71
B.5. Requests to extend the title of full ownership and granting of a title of full
ownership over 234 hectares, 48 areas, and 76.03 square meters (1997-2001)
Cfr. National Agrarian Institute, Legal Advice, report N° AL-329/84, of May 25, 1984 (evidence file, folios
1306 and 1309).
67
Cfr. Honduran Institute of Tourism, Research report on file No. 2000 from the INA and related to the creation
of the agricultural population center for the residents of El Triunfo de la Cruz, Tela, Atlántida, and opposition of the
company MACERICA, of March 6, 1996 (evidence file, folios 1339 to 1342).
68
Cfr. Document from the Comptroller General of the Republic addressed to the Honduran Institute of Tourism
of February 29, 1996 (evidence file, folio 1345); National Agrarian Institute, decision of March 25, 1996 (evidence
file, folio 1348).
69
Cfr. National Agrarian Institute, deed of guarantee occupation in favor of the Garífuna Community of “Triunfo
de la Cruz”, of September 28, 1979 (evidence file, folio 1726).
70
Cfr. National Agrarian Institute, final property deed of full ownership in favor of the Garífuna Community of
“Triunfo de la Cruz”, of October 29, 1993 (evidence file, folios 1734 to 1736).
71