A/HRC/33/42/Add.2 title to their lands. 13 In the case of the Miskito, title has been granted to a number of separate territorial councils made up of various communities in accordance with their own form of territorial organization. The National Agrarian Institute reports that 1,099,701.59 hectares have been made over to 11 of the 12 existing territorial councils. 38. Representatives of the indigenous peoples provided information on applications for title that are still pending, as in the case of the Nahua and Pech communities in Olancho, and on applications to extend the title of Garífuna, Tolupán, Tawahka and Pech communities to include their working habitats. In the case of the Maya Chortí people, the Government signed an executive agreement in 1997 undertaking to acquire 14,700 hectares to be registered in the name of the Chortí communities in Copán and Ocotepeque Departments. To date, however, only 4,995.74 hectares have been made over. The Chortí have repeatedly urged the Government to provide the necessary budget for the purchase and registration of their lands in order to meet its commitments in full. The Special Rapporteur has learned that, in some cases, the failure to meet these commitments has made it possible for private individuals to obtain judicial orders to evict Chortí communities living on their ancestral lands. 39. Representatives of the indigenous peoples claimed that, even when they have title to their lands, they face counterclaims from individuals who seek to break up the indigenous lands by launching legal and administrative procedures and by buying land illegally sold by indigenous individuals. Some municipal authorities have been involved in the illegal sale of indigenous lands and have approved or participated in logging, mining or agricultural activities on those lands. The communities with title to their land who face this kind of problem include the Lenca of Lepaterique and Llanos de la Candelaria and also Tolupán tribes in Yoro that have held title to their land since the nineteenth century. In La Mosquitia, the problem is also linked with drug trafficking and money-laundering activities. 40. An upgrade to their title to their lands is urgently required in order to deal with the presence of third parties on registered lands. Members of the Miskito community of Auka, part of the Wamakklisinasta Territorial Council, registered in 2013, have reported that settlers have been illegally granted title and other permits on their lands by municipal authorities or obtained them through illegal sales. Owing to the outsiders’ ranching or drug trafficking activities, the Miskito lands have been deforested and members of the community can no longer reach traditional agricultural or hunting lands. This has given rise to food insecurity and health problems and death threats have been directed at community leaders. 41. In March 2015, following the failure to achieve the territorial upgrading that they had repeatedly sought, members of the community took 27 settlers prisoner. The Government sent a special commission to resolve the situation and an agreement was signed between representatives of the community, the Miskito people, the departmental government, the Ministry of Human Rights and the Office of the Special Prosecutor for Ethnic Groups and Cultural Heritage, under which, in exchange for the release of the settlers, the Government undertook to investigate and punish those responsible for the sale of lands and the environmental destruction, to finalize the upgrading process and to return the settlers to their places of origin. Another component of the agreement was the Government’s invitation to the Special Rapporteur to pay her visit to Honduras. 42. Once the agreement had been signed, some settlers left the territory and the National Agrarian Institute and other institutions carried out preliminary investigations on the ground. However, apart from the visit of the Special Rapporteur, the members of the community reported that they had been given no details of the implementation of the other 13 10 Decree No. 61-2013. GE.16-12632

Select target paragraph3