48
173. It is important to point out that, even if the State would have proven that the
previously stated socialization or information workshops (supra para. 93) were in fact carried
out with the presence of the Community’s legitimate representatives, this Court recalls that
the mere socialization with the Community or providing information to it does not necessarily
comply with the minimum elements of an adequate prior consultation, given it does not
constitute a genuine dialogue as part of a participative process with the aim of reaching an
agreement.
(iii)
The expansion of the urban area and the sale of lands
174. Regarding the expansion of the urban area, the presumed victim Ángel Castro stated
in the public hearing that there was “a municipalization in the case of the Garífuna territory,”
which “[w]as carried out without consultation, the municipality did it without consultation and
took over a great part of our lands” and that “the extension of the urban area was not even
socialized with the Community.”184
175. The Court verified that the mentioned expansion of the urban area took place, among
others, in the properties designated “Plot A1” (infra Map Annex), recognized as traditional
lands of the Community by the State. However, said expansion was ordered through
resolution N° 055-89 issued by the INA in the year 1989 (supra para. 73), therefore this
administrative measure was adopted prior to the existence of the State of Honduras’
international obligation to consult the Community. Thus, the alleged absence of a consultation
process regarding said expansion does not constitute, in itself, a violation to the Community’s
right to consultation.
(iv)
The approval of the Law on Property in the year 2004
176. The Court warns that it will not issue judgment regarding the representatives’
argument of the lack of consultation of the Law on Property and the alleged “information
process”, given that sufficient arguments or evidence was not presented in this sense.
B.5.3. The realization of an environmental impact study
177. The report prepared within the framework of the “National Sustainable Tourism
Program” of the Inter-American Development Bank states that “[t]he (H0-0195) program has
not generated legal studies on the possible negative impacts this program could have on
ethnic communities in general, and on Garífuna communities located within the radius of the
program specifically” and that “a study detailing the local situation of the territorial and coastal
rights of these communities” would be required “to protect them, along with an analysis of
the sociocultural impacts of the tourism program.”185
178. Regarding the “Marbella” project, it was indicated that terms of reference would be
prepared to carry out an environmental impact study,186 but they were not presented nor was
the environmental impact study provided, reason for which it was not proven that said study
was in fact carried out nor were its conclusions handed over.
Statement offered before the Inter-American Court by José Ángel Castro, during the public hearing held on
May 20, 2014.
184
Inter-American Development Bank, National Sustainable Tourism Program (HO-0195), “Analysis of
Sociocultural Impacts of the National Sustainable Tourism Program between the Garífuna Communities of Tela
Bay”, of July 2006 (evidence file, folio 6105).
185
Cfr. Secretary of State in the Office of the Environment, Technical report No. 186/95, of August 25, 1995
(evidence file, folios 2620 to 2623).
186