13 60. Based on the foregoing, the IACHR understands that what is in dispute in the instant matter is not the right of property of the Punta Piedra Community over the territory that it occupies, nor the granting of a legal title that recognizes such a right, but rather the obligation to ensure peaceable possession through clearing of title and its effective protection vis-à-vis third parties. E. Efforts by the Garifuna Community of Punta Piedra to Clear Title of its Territory 61. The Punta Piedra Community brought several proceedings before the state authorities in order to clear the title to their territory and be able to peaceably use and enjoy their ancestral territory. In fact, on this topic, the State reported that: As a consequence of the rights granted and in order to assert them, the Garifuna Community of “PUNTA PIEDRA” filed with the State of Honduras through the National Agrarian Institute, a petition 42 for clearing of title of the area in reference. 62. As a result of the proceedings brought by the Community, the INA and the National Congress took several steps aimed at clearing the property title for the Punta Piedra Community. In this regard, the petitioner noted: “The land issue of Punta Piedra has become an eternal pilgrimage by the community to the 43 National Congress, demanding that the illegally occupied lands be returned.” 1. Ad Hoc Inter-Institutional Commission and Commitment Agreement of December 13, 2001 63. On April 7, 2001, an Ad Hoc Inter-Institutional Commission, made up of representatives of the INA, the National Human Rights Commissioner and the Social Ministry of the Diocese of Trujillo, was established, “as a body of conciliation and consensus-building in the effort to reach a peaceful 44 solution to the conflict.” Based on the information provided: This Commission viewed the legal documents that constitute the titles, deeds, bills of sale and purchase, some failing to meet the formal requirements usually demanded in legal matters and 45 issued a report interpreting the rights that the inhabitants of the communities are entitled to. 64. On November 26, 2001, the Inter-Institutional Commission met “with the residents of both communities in order to reach a consensus on possible alternatives, which if endorsed by both communities, may put an end to the dispute.” On December 13, 2001, representatives of the Community of Punta Piedra and the peasant settlers of Rio Miel signed an “Agreement of commitment,” along with 46 the members of said Commission and the Garifuna organizations OFRANEH and ODECO. The aforementioned document establishes, among other items, the following: b. The representatives of the above listed organizations and institutions recognize that the State is obligated to conduct the process to clear the property title to the benefit of the Punta Piedra community by paying the inhabitants of Rio Miel for the improvements so that the Garifuna community can fully exercise their right of property that is granted to it by the ancestral documentation and the ownership granted to it by the National Agrarian Institute. 42 Submission introduced by the State on July 19, 2007, during the working meeting of the 128 th Regular Period of Sessions. 43 Initial petition dated October 27, 2003, received by the IACHR on October 29, 2003. 44 Annex 7. Commitment agreement of December 13, 2001. Annex to the initial petition, received by the IACHR on October 29, 2003. 45 Annex 7. Commitment agreement of December 13, 2001. Annex to the initial petition, received by the IACHR on October 29, 2003. 46 Annex 7. Commitment agreement of December 13, 2001. Annex to the initial petition, received by the IACHR on October 29, 2003.

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