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remaining in a continuous situation of uncertainty, desperation and fear, in relation to both the lack of
control of their territories as well as the continuity of the conflict situation.
126.
In light of the above, the Commission concludes that the Honduran State has not
guaranteed adequate and effective remedy for responding to claims to land titled in favor of the Garífuna
Community of Punta Piedra, nor has it carried out the investigations relating to the complaints lodged by
the Community and its members for damage to property and threats, attacks, harassment, and
persecution. This has prevented them from being heard in proceedings with due guarantees, so that the
Commission concludes that the State of Honduras violated Article 25 of the American Convention, in
relation with articles 1.1 and 2.
VI.
CONCLUSIONS
127.
Based on the considerations of fact and law set forth in the instant report, the InterAmerican Commission on Human Rights concludes that:
1.
The State of Honduras violated the right to property enshrined in Article 21 of the
American Convention on Human Rights, in connection with Articles 1.1 and 2 thereof, to the detriment of
the Garifuna Community of Punta Piedra and its members.
2.
The State of Honduras violated the right to judicial protection enshrined in Article 25 of
the American Convention on Human Rights, in connection with Articles 1.1 and 2 thereof, to the detriment
of the Garifuna Community of Punta Piedra and its members.
VII.
RECOMMENDATIONS
128.
Based on the analysis and conclusions in the instant report,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THE STATE OF
HONDURAS TO:
1.
Adopt as soon as possible the necessary measures to make effective the right to
communal property and possession of the Garifuna Community of Punta Piedra and its members, with
respect to their ancestral territory; and, in particular, the legislative, administrative and other measures
necessary to effectively clear their title, in accordance with their customary law, values, practices and
customs and ensure the members of the Community to be able to continue to lead their traditional way of
life, in keeping with their cultural identity, social structure, economic system, distinct customs, beliefs and
traditions.
2.
Take the necessary steps to prevent that the Garifuna Community of Punta Piedra and its
members are subject to discriminatory acts and, in particular, are exposed to violence by third parties by
virtue of their ethnic origin.
3.
Adopt an effective and simple remedy that protects the right of indigenous peoples of
Honduras to claim and gain access to their traditional territories and provide for effective protection of
said territories from actions of the State or third parties that infringe their right of property.
4.
Investigate and punish those responsible for the threats, harassment, acts of violence
and intimidation, and damage to the property of the Community of Punta Piedra and its members.
5.
Redress individually and collectively the consequences of the violation of the
aforementioned rights. Especially, consider the damages caused to the members of the Garifuna
Community of Punta Piedra as a result of the failure to clear title of their ancestral territory as well as the
damages caused on the territory itself by the acts of third parties.