17
73.
At the same time, based on the information provided by the parties, on January 22 and
June 8, 2007, meetings were held with the attendance of state officials and OFRANEH. 65 At the meeting
of June 8, it was noted that “… an assessment is being conducted in the area and the plan is for that
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activity to continue next week […] .
2.
Special Agreement with the Peasant Community of Rio Miel of April 20, 2007 and
Updating the Assessment
74.
On April 20, 2007, different State officials –including the Minister Director of the INA- and
representatives of the peasant community of Río Miel entered into a “special agreement” which
established, among other things, the following:
1. The National Agrarian Institute seeks to reach a friendly settlement to the conflict between the
members of the Garifuna community of Punta Piedra and the village of Rio Miel, in order to avoid
incidents that disturb the peace between both communities, as has been maintained up to the
present date.
2. For this purpose, the surface area of the village, the occupants, the work lands (trabajaderos),
the origin of possession, the number of dependents, the value of improvements to the area of the
land that is occupied by each member of the Rio Miel community shall be defined, and will begin
within a period no later than ten business days.
3. The INA and the Municipal Government of Iriona Puerto, will arrange a meeting with both
communities (Rio Miel and Punta Piedra), for the purpose of reaching a friendly settlement of the
problem.
…
5. The community of Rio Miel puts on the record its absolute rejection of any attempt to evict its
residents and the government representatives for their part reaffirm that any action on this issue is
strictly subject to a judicial ruling, issued by the competent courts, the nature of which is dispositive
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or res judicata.
75.
Pursuant to Official Letter DE-099-2007 of June 7, 2007, issued by the Vice Minister of
the INA, an agrarian commission conducted an investigation in the village of Rio Miel in order to update
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the assessment.
In a memorandum of July 12, 2007, the “Final report of the cadastral survey of the
area titled in the expansion in favor of the Garifuna Community of Punta Piedra,” which was drafted by
INA employees, was submitted. According to said report, at that time “the area occupied by the ladinos
within the expansion zone” was 612.13 hectares, while the “Garifuna lands within the expansion area”
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totaled 653.24 hectares. In this report, it was also established that “the wooded or mountain area
(177.98 hectares) is currently in the possession of members of the Rio Miel Community.”70
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Annex 21. Aide-memoire on follow-up to the commitment agreement of January 22, 2007. Annex to the State’s
submission of observations on the merits dated October 13, 2010, received by the IACHR on the same date; and Annex 22. Special
agreement on follow-up to the commitments made by the Government of the Republic of June 8, 2007. Annex to the submission of
the petitioner submitted on March 23, 2007.
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Annex 22. Special agreement on follow-up to the commitments taken on by the Government of the Republic with
OFRANEH. June 8, 2007. Annex to the submission of the petitioner submitted on March 23, 2007.
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Annex 23. Special agreement of April 20, 2007. Annex to the submission of the State dated April 27, 2007, received by
the IACHR on April 30, 2007.
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Annex 24. Official Letter DE-099-2007 of June 7, 2007 sent by the Vice Minister of the INA to the Assistant Attorney
General of the Institutional Working Group on Human Rights of the Office of the Attorney General of the Republic. Annex to the
submission of the State dated June 27, 2007, received by the IACHR on the same date.
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Annex 8. Final report of cadastral survey of the area titled in the expansion in favor of the Garifuna Community of Punta
Piedra of July 12, 2007. Annex to the submission of observations on the merits from the State dated October 13, 2010, received by
the IACHR on the same date.
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Annex 8. Final report of cadastral survey of the area titled in the expansion in favor of the Garifuna Community of Punta
Piedra of July 12, 2007. Annex to the submission of observations on the merits from the State dated October 13, 2010, received by
the IACHR on the same date.