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Friday, September 1, 2006
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Nature of the Case

Petition filed with the Inter-American Commission on Human Rights for violation of right to ancestral land. Friendly settlement. Transfer of claimed land and issuance of title documents in favor of indigenous communities.

Enforcement of the Decision and Outcomes

In November 2000, a report was filed with the IACHR regarding the implementation of the friendly settlement. The communities reported that food and medical assistance had been sporadic and had failed to cover all communities. As of this date no major progress has been achieved in terms of food, sanitary and educational assistance.

Significance of the Case

This case shows the useful role played by the Inter-American human rights system to establish a fruitful environment to negotiate with States, in particular when domestic courts are reluctant to enforce international commitments. Within the framework of amicable settlement proceedings, the IACHR plays the role of an arbitrator, seeking to offset the inequality of power between the parties.

Groups Involved in the Case

Petitioners: Tierra Viva a los Pueblos Indígenas del Chaco (http://www.tierraviva.org.py) and Center for Justice and International Law (CEJIL) (http://www.cejil.org), on behalf of the Enxet-Lamenxay and Kayleyphapopyet communities.