Petition by an indigenous community involving their traditional territory, which had been sold by the State to private persons. Violation of the right to communal property, due legal process, court protection, right to life, personal integrity, legal standing, children’s rights, right to non-discrimination.
The decision has not yet been complied with by Paraguay. In May 2014, at a hearing before the Inter-American Court, Xákmok Kásek leaders denounced the lack of follow-up measures by the State to restitute the land. It was stated that Paraguay had until September 2014 to comply with the decision. In June 2014, Paraguay issued a Land Expropriation Law to take land away from an American cattle breeder and give it back to the Sawhoyamaxa community (the Sawhoyamaxa had also been favored by a decision by the Inter-American Court). In spite of this progress, according to Tierraviva, Paraguay has continued to throw indigenous communities out of their land.
This case confirmed the claim of an indigenous community which has been fighting for its land rights for over two decades, joining the claims of other indigenous communities in Paraguay, who have also been expelled from their territory. The decision issued by a regional court provides legal tools for communities and human rights defenders fighting for respect for the human rights of indigenous communities in Paraguay. This case strengthens the Inter-American Court’s position regarding the existence of a right to property, under certain circumstances, regardless of whether there is an official title. Following the lines of its own case law, the Court established a relationship between land and survival of a community when the land is used with economic, cultural, social and religious purposes. The Court also recognized a relationship between the right to life and the rights to water, education, and food, among others.
Tierraviva