Petition related to mass presence of foreigners and mining development in indigenous land. Human rights violations caused by the State’s failure to provide adequate protection for the safety and health of indigenous communities. Indigenous peoples’ rights to receive special protection.
In 1992, the land of the Yanomamis was finally demarcated as “Yanomami Park”. In a 1995 visit to Brazil, the IACHR was able to prove on site the presence of federal agency surveillance and healthcare stations in the Yanomami area. However, the Yanomamis’ personal and collective integrity, as well as their environment, continue to be subject to aggression by intruding miners. State protection is weak and inconsistent.
This is one of the first reports in which the IACHR outlined the doctrine on the right of indigenous peoples to receive special protection aimed at enabling the preservation of their cultural identity. The IACHR also acknowledged their lack of title over their ancestral land as a key factor behind their situation of vulnerability.
Petitioners: Yanomami indigenous community represented by The Indian Law Resource Center (http://www.indianlaw.org), American Anthropological Association (http://www.aaanet.org), Survival International (http://www.survival-international.org), and Anthropology Resource Center.