22 70. On August 28, 1997 and July 8, 1998, the Community of Triunfo de la Cruz and its members requested a deed of full ownership before the INA over the rest of the lands it stated it had historically occupied. The first request referred to an area of approximately 600 hectares and the second request to an area of 126.40 hectares they already possessed in guarantee of occupation (supra para. 68).72 On September 27, 2001, the INA approved the granting of a final property deed in full ownership over three plots of land covering a total of 234 hectares, 48 areas, and 76.03 square meters, 73 and this title deed states it is an unalienable patrimony belonging to the community, unless the transfer of domain is done in favor of members of the community with the approval of the Board of Directors of the Trustee.74 71. Moreover, on January 22, 2001, the Garífuna Community of Triunfo de la Cruz and its members requested the expansion of the full title deed that had been granted in the year 199375 (supra para. 69). That request was filed before the INA and does not specify the exact area to which it refers. The request merely indicates that “the boundaries of the land expansion” would be: to the North: Caribbean Sea or Antilles Sea, to the South: Telephone line behind el Tigre Mountain, to the East: Punta Izopo Mountain, and to the West: Triunfo de la Cruz Mountain. The request in question mentions that at that moment the Community was “in possession of a communal land with a total area of Three Hundred and Eighty Hectares, Fifty-One Areas, Eighty-two point sixty-one Square meters (380 hectares)” and that “due to the current growth of its population it was necessary to expand said area for its residents to have access to land in order to build their homes, but especially in order to cultivate the land for their survival and the development of other activities related to their idiosyncrasy and culture, within the framework of their rights according to Convention 169 of the ILO.”76 72. Specifically, this request referred to Article 19 (a) of Convention 169 of the ILO, 77, which states that “[n]ational agrarian programs shall secure to the peoples concerned treatment equivalent to that accorded to other sectors of the population with regard to: (a) the provision of more land for these peoples when they have not the area necessary for providing the essentials of a normal existence, or for any possible increase in their number.”78 Cfr. Request No. 47891 of a final property deed in full ownership presented before the INA, of August 28, 1997 (evidence file, folios 353 to 355); Request No. 10357 of full ownership presented before the INA, of July 8, 1998 (evidence file, folios 376 to 379). 72 Cfr. National Agrarian Institute, final property deed in full ownership in favor of the Garífuna Community of Triunfo de la Cruz, case file No. 57426, of September 27, 2001 (evidence file, folios 1739 to 1742). The first plot of 155 hectares, 82 areas, and 74.74 square meters, the second plot of 33 hectares, 33 areas, and 78.98 square meters, and the third plot of 45 hectares, 32 areas, and 22.31 square meters. 73 74 Cfr. National Agrarian Institute, final property deed in full ownership in favor of the Garífuna Community of Triunfo de la Cruz, case file No. 57426, of September 27, 2001 (evidence file, folio 1741). Cfr. Request for expansion of the deed presented before the INA on January 22, 2001 (evidence file, folios 1760 to 1761 and 1763). 75 76 1761). 77 1762). Cfr. Request for expansion of the deed presented before the INA on January 22, 2001 (evidence file, folio Cfr. Request for expansion of the deed presented before the INA on January 22, 2001 (evidence file, folio International Labor Organization (ILO), Convention No. 169 on Indigenous and Tribal Peoples in Independent Countries, adopted on June 27, 1989 and in force since September 5, 1991. 78

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