30
that reason it decided that it was up to “the Community in question to exhaust administrative, and where
123
appropriate judicial, proceedings in order to obtain annulment of the aforementioned notarized deed.”
127.
However, the information at the IACHR’s disposal indicates that the proceedings
continued because, on November 5, 2002, the President of the Trade Union filed an objection to the
124
Community’s request, which was declared inadmissible on November 5, 2002. Subsequently, in Legal
Opinion No. 47/03 of July 14, 2003, the INA’s Head of Legal Services and Land Appropriation
recommended admitting the request for expropriation, based on ILO Convention No. 169 and Article 346
125
of the Constitution. On July 15, 2003, the above-mentioned Regional Office of the INA authorized the
126
start of appropriation proceedings, and consequently dispatched requests for information regarding the
legal status of the property to Tela Municipal Mayor’s Office, the Real Estate and Commercial Registry
Office in Tela, the Head of Regional Taxation in the Office of the Executive Director of Revenue, and the
127
Department of Collections and Revenue.
128.
Regarding subsequent actions, the State affirmed that on December 7, 2007, the INA
issued an expropriation resolution on behalf of the Community of Triunfo de la Cruz. However, that
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resolution was not submitted for the proceedings with the IACHR.
ii)
Administrative proceeding for annulment before the Municipality of Tela
129.
On September 6, 2002, the President of the Community Council filed an administrative
claim with the Municipality of Tela for annulment of the decision by which the Municipality granted the 22
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manzanas of land to the Trade Union. The IACHR notes that, in that complaint, reference was made to
ancestral possession by the Community of Triunfo de la Cruz and to the culturally different nature of the
Community given that it “has its own way of life, language, customs, and culture.” Also mentioned was
consideration of the obligations undertaken by the State of Honduras when it ratified ILO Convention No.
130
169.
130.
According to information in the file with the IACHR, on December 11, 2006, the Office of
the Attorney General of the Republic issued an opinion in favor of the requested declaration of
131
annulment.
The IACHR was not informed that this process had effectively ended. On the contrary,
123
Annex 16. Ruling of the Agrarian Regional Office for the Atlantic Shore area of the National Agrarian Institute on
October 17, 2002. File relating to application No. 57426 submitted to the National Agrarian Institute, page 200. Annex B to the
State's writ containing its observations on the merits, dated March 8, 2007, received by the IACHR on March 9, 2007.
124
Annex 44. Written statement of opposition from the Trade Union of Employees and Workers of the Municipality of Tela
dated November 4, 2002. File relating to application No. 57426 submitted to the National Agrarian Institute, pp. 201 - 204. Annex B
containing the State's observations on the merits dated March 8, 2007, received by the IACHR on March 9, 2007 and Annex 6 on
the State’s initial response dated March 25, 2004, received on March 31, 2004.
125
Annex 45. Expert opinion No. 47/03 provided by the head of the Legal Services and Land Appropriation of the National
Agrarian Institute on July 14, 2003. Annex 14 of the petitioner’s written communication dated May 23, 2006, received by the IACHR
on May 30, 2006; and file relating to application No. 57426 with the the National Agrarian Institute, page 490. Annex B to the State's
writ containing its observations on the merits, dated March 8, 2007, received by the IACHR on March 9, 2007.
126
Annex 16. Ruling of July 15, 2003. File relating to application No. 57426 submitted to the National Agrarian Institute,
page 491. Annex B to the State's writ containing its observations on the merits, dated March 8, 2007, received by the IACHR on
March 9, 2007.
127
Annex 16. File relating to application No. 57426 submitted to the National Agrarian Institute, pp. 492 - 513. Annex B
containing the State's observations on the merits dated March 8, 2007, received by the IACHR on March 9, 2007 and Annex 6 on
the State’s initial response dated March 25, 2004, received on March 31, 2004.
128
Written communication of the State dated January 4, 2008, received by the IACHR on January 7, 2008.
129
Annex 46. Administrative claim for a declaration of annulment dated September 5, 2002. Annex 74 of the initial petition
dated October 27, 2003, received by the IACHR on October 29, 2003.
130
Annex 46. Administrative claim for a declaration of annulment dated September 5, 2002. Annex 74 of the initial petition
dated October 27, 2003, received by the IACHR on October 29, 2003.
131
Annex 47. Opinion provided by the Attorney General’s Office on December 11, 2006, relating to file No. 10112006-65.
Petitioner’s written communication of August 16, 2007, received by the IACHR on August 17, 2007.