18
76.
Additionally, according to the “Assessment Report” issued by an agronomist, an INA
employee, and addressed to the Director of said institution on July 23, 2007, conducted “in accordance
with the Order dated May 2, 2007 for the purposes of performing an assessment of improvements in
areas occupied by the members of the Rio Miel Community,” established with regard to the
characteristics of the tract of land, that it presents “a high degree of soil erosion, specifically the upper
parts and areas recently cleared for cattle ranching and grass cultivation,” and this report also states that
“during the inspection visit, the advancement and destruction of the forest in the traditional manner
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(burning) was also evident.”
77.
On December 19, 2007, the INA Minister-Director requested the Office of Finance in the
Secretariat of State the allocation of an additional sum in the budget of said institution of 17,108,448.58
lempiras, based on the new assessment conducted to provide compensation and clearing title to the
territory of the Punta Piedra Community. On this topic, the State reported that the amount of the
assessment was submitted to the Secretariat of Finances on December 14, 2007, and has not been
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approved as of the present date.”
G.
Conflict Situation
78.
In addition to the foregoing, the information provided by the parties indicates that there
exists an ongoing situation of conflict provoked by third parties with an interest in the lands of the
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Community, which is characterized by constant threats, harassment and violent acts. In fact, pursuant to
the Agreement of commitment of December 13, 2001, signed by State officials, “from that point in time
[referring to the arrival of the first peasants in Rio Miel] up to the present date, problems have been
arising that not only involve the land dispute, but that also jeopardizes the safety and some of the
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property of the inhabitants of the communities.” Additionally, with respect to the situation of insecurity in
the Community, witness Benito Bernandez stated at the public hearing before the IACHR that:
Every day the children of the community are persecuted by the intruders, they never stop building
houses and cutting down trees. They persecuted my dad until they killed him with high-caliber
guns […]. The intruders release their animals on Garifuna lands. I am sure that when we get back
to Honduras the intruders are going to realize [that we attended the hearing] and we will be
threatened and we are requesting more security for me and my family because the intruders level
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threats every day against the children of the community.
79.
Within this context of conflict, criminal complaints were brought for the murder of Punta
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Piedra Garifuna Community member Félix Ordóñez Suazo in June 2007, and the crime was brought to
71
Annex 25. Report on the Assessment addressed to the Minister Director of the INA by the Agronomic Investigator,
dated July 23, 2007. Annex to the State’s submission of observations on the merits dated August 22, 2011.
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Submission of the State dated February 18, 2011. For its part, in its note of January 3, 2011, the petitioner indicated
that ““… in 2007 an attempt was made to resolve the situation, and a new assessment was successfully performed, which was
submitted to the Secretariat for Finances in December 2007, and was not approved.”
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On this score, in the public statement regarding these incidents, OFRANEH stated that: “The conflict has stretched out
over fifteen years, exacerbating race relations and fostering violence, whithout the Honduran State thus far taking any relevant steps
to solve the territorial issue that afflicts the Garifuna community. While the days go by, blood is flowing.” Annex 3. Public statement
of OFRANEH of June 12, 2007. Annex to the submission of the petitioner of June 12, 2007, received by the IACHR on June 14,
2007.
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Annex 7. Agreement of commitment of December 13, 2001. Annex to the initial petition dated October 27, 2003,
received by the IACHR on October 29, 2003.
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IACHR, Public Hearing on March 7, 2006 in re “Petition 1119/03 – Garifuna Community of Punta Piedra, Honduras”,
124th regular session of the IACHR.
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On this score, statements of Marcos Bonifacio Castillo, a member of the Garifuna Community, who witnessed the
events and attested that Félix Ordóñez was murdered by residents of Rio Miel, were introduced. He also asserted that Féilx
Ordóñez “had already been threatened […], and the problem that he had was over the plot of land because they had taken part of
the land from Don Félix. Don Félix reported the problem to the office of the prosecuting attorney.” Annex 26. Statements of Marcos
Continues…