27
presented,109 without there being evidence of the results. The Board of Directors presided by
Teresa Reyes was registered in 2007 before the Unit of Registration and Follow-up of Civil
Associations of the Secretariat of the Interior and Justice. 110 On March 25, 2010, the General
Assembly of the Foundation of the Community met with the purpose of solving the problem
of the existence of two Board of Directors, a new vote was held between Teresa Reyes and
B.M., and the former was elected.111 On March 29, 2010, a request was presented for the
registration of the elected Board to the Mayor of Tela. 112 Authorities and members of the
Community denounced various illegal acts allegedly committed by B.M. or related people. 113
C.4. Creation of the protected area “Punta Izopo National Park”
86.
On December 28, 2000, the National Congress created the Natural Protected Area of
“Punta Izopo”, under the category of national park and included it within the National System
of Protected Areas of Honduras. It has a territorial extension of 18,820.00 has114 and its area
overlaps with the territory allegedly occupied historically by the Garífuna Community of
Triunfo de la Cruz.115 The decree that creates the Punta Izopo National Park states that: “those
who live in the Natural Protected Area of Punta Izopo, as well as in the buffer zone, and are
owners or possessors of land, will maintain their rights, but must strictly respect the
corresponding management plans,” and it indicates that the INA will grant “full ownerships”
to those who possess properties that have not been legalized and are not within the central
area of the Punta Izopo National Park.116 The park is administrated by the non-governmental
organization PROLANSATE.117
2007 (evidence file, folio 2222); Foundation for the improvement of the Garífuna Community of Triunfo de la Cruz,
public communication of February 12, 2009 (evidence file, folio 2569).
Cfr. Request for the registration and acknowledgment of a board of directors of the foundation for the
improvement of the Triunfo de la Cruz village, of May 16, 2008 (evidence file, folio 2571); Request for the registration
and acknowledgment of a board of directors of the foundation for the improvement of the Triunfo de la Cruz village,
of February 20, 2009 (evidence file, folios 2573 to 2574).
109
Cfr. Secretariat of the Interior and Justice, Unit of registration and follow-up of civil associations, Certification
of registry of June 15, 2007 (evidence file, 2579); Secretariat of the State in the Offices of the Interior and Justice,
brief of February 4, 2008 (evidence file, folio 2581).
110
Cfr. Foundation for the improvement of the Garífuna Community of Triunfo de la Cruz, Item of the minutes
of the general assembly of March 25, 2010 (evidence file, folio 2586).
111
Cfr. Foundation for the improvement of the Garífuna Community of Triunfo de la Cruz, Request for
registration of the board of directors of the foundation, of March 29, 2010 (evidence file, folio 2592).
112
Cfr. Secretariat of security, General office of criminal investigation, Complaint for illegal charges of April 17,
2006 (evidence file, folio 2594); Secretariat of security, General office of criminal investigation, Complaint for
damages of April 31, 2006 (evidence file, folio 2596); Secretariat of security, General office of criminal investigation,
Complaint (evidence file, folio 2598); Foundation for the improvement of the Garífuna Community of Triunfo de la
Cruz, brief addressed to the President of OFRANEH (evidence file, folios 2600 to 2601); Foundation for the
improvement of the Garífuna Community of Triunfo de la Cruz, brief addressed to the Office of the Attorney General
of May 14, 2009 (evidence file, folio 2444); Local Prosecutors’ Office of Tela, Complaint brief, of April 11, 2011
(evidence file, folios 2605 to 2606).
113
Cfr. National Congress, Decree No. 261-2000, The Gazette No. 29.427, Official Newspaper of the Republic of
Honduras, Articles 1 and 4 of March 13, 2001 (evidence file, folios 2693 to 2694).
114
Cfr. World Bank Inspection Panel, Research Report – Honduras Land Administration Program, Report N°
39933-HN of June 12, 2007 (evidence file, folios 220 to 221); Central American and Caribbean Research Council,
“Ethnography of the Community of Triunfo de la Cruz” (evidence file, folio 282 to 283).
115
Cfr. National Congress, Decree No. 261-2000, The Gazette No. 29.427, Official Newspaper of the Republic of
Honduras, Articles 10 and 13, of March 13, 2001 (evidence file, folio 2695).
116
Cfr. Technical report of the Foundation PROLANSATE for the environmental impact study of the Los Micos
beach & golf resort project, of September 28, 2005 (evidence file, folio 2666); Central American and Caribbean
Research Council, “Ethnography of the Community of Triunfo de la Cruz” (evidence file, folio 282).
117