A/HRC/33/42/Add.2
brought by the Office may be mentioned. In one case, a member of the armed forces was
convicted in December 2015 of killing the Lenca leader Mr. Tomás García during a
peaceful demonstration against the Agua Zarca project and a decision on whether others
should also be prosecuted remains pending. In November 2015, a member of the armed
forces was indicted for issuing threats against the Tolupán in Locomapa and causing
damage. In July 2015, an application was made by the Public Prosecution Service to
prosecute settlers in Auka and an arrest warrant and eviction orders were issued against
them. Criminal prosecutions were also initiated against military personnel responsible for
killing Garífunas in Iriona in December 2015. The effectiveness of these prosecutions
depends on follow-up and implementation by the relevant judicial and police authorities.
The fact is, however, that the Office and other bodies require more resources to address the
large number of complaints of offences against indigenous people.
33.
With regard to the local administration of justice, there have been complaints about
the politicization of the appointment of judicial officials and about some cases where
persons involved in drug trafficking, in La Mosquitia for example, avoid justice for
offences against indigenous people by bribing judges, prosecutors or police officers. This
has resulted in the deaths of indigenous people who have lodged complaints against drug
traffickers with the local authorities. Representatives of the indigenous peoples said that
justice officials in regions with a high indigenous population, such as La Mosquitia, should
be members of an indigenous community and should be subject to oversight by their own
community.
34.
The indigenous peoples also call for respect and recognition for their own judicial
systems and authorities. For example, the Miskito representatives expressed their wish to
establish some form of coordination between the Honduran judiciary and the justice
officials of Miskito territorial councils, so that the councils could decide cases at the
community level, in accordance with customary law.
C.
Lands, natural resources and governance
35.
During the colonial era and at the beginning of the republican era, some indigenous
peoples obtained communal property rights. A number of Tolupán and Pech communities
obtained rights over their ancestral lands in the middle of the nineteenth century. During the
course of the twentieth century, some communities obtained title or statutory usufruct and
occupation under the agrarian system. Following the indigenous demonstrations of the
1990s, the number of property rights granted to collective indigenous lands increased.
According to the data of the National Agrarian Institute, 505 titles were issued to
indigenous communities between 1993 and 2015, covering an area of 1,322,774.50
hectares.
36.
The property rights granted in the 1990s include those to the Lenca lands in the first
indigenous municipality, San Francisco de Opalaca, which was established in 1994, and
those to the Tawahka communities in the Tawahka Asangni Biosphere Reserve, set up in
1999 for the protection of the Tawahka people and of biodiversity, which is managed
jointly by the Government, the local municipalities and the Tawahka. 12
37.
The process of granting title to the Miskito lands began in 2010 under a registration
programme financed by the World Bank and implemented by the National Agrarian
Institute and the Property Institute. A legislative decree was issued in 2013 to grant a
number of Miskito and Garífuna communities within the Río Plátano Biosphere Reserve
12
GE.16-12632
Decree No. 157-99, arts. 2, 5, 12 and 16.
9