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Friday, November 10, 2006
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Nature of the Case

Petition based on infrastructure project planned in indigenous land without duly consulting communities or conducting relevant socio-environmental impact report. Friendly settlement proceedings aimed at handing over land. Request for interim measures alleging failure to comply with commitments assumed within friendly settlement proceedings.

Enforcement of the Decision and Outcomes

Until today the IACHR has not adopted the requested interim measures.

Significance of the Case

The Inter-American human rights protection system proved to be a useful mechanism to establish an effective negotiation framework with the State, in which the Commission plays the role of an arbiter and balances the unequal conditions between the parties. So far results include that the infrastructure project has come to a halt and the indigenous territory has been fractioned.

Groups Involved in the Case

Petitioners: Aboriginal Communities Association Lhaka Honhat (including 40 indigenous communities), represented by Centro de Estudios Legales y Sociales (http://www.cels.org.ar) and Centro por la Justicia y el Derecho Internacional (http://www.cejil.org)