Indigenous Community Members of the Lhaka Honhat (Our Land) Association vs. Argentina

Nature of the Case

The Inter-American Court of Human Rights held that Argentina violated its obligations under Article 1.1 of the American Convention on Human Rights and related Articles 2, 8.1, 21, 23.1, 25.1, and 26, by denying the Indigenous communities their right to communal property, a healthy environment, adequate food, water, cultural identity, and judicial protection within a reasonable time. The ruling marked the first time the Court found violations of Article 26 of the Convention regarding the rights to a healthy environment, adequate food, water, and cultural identity.

The communities, united under the association Lhaka Honhat (“our land”), contain over 10,000, and began their struggle for their ancestral lands in 1984. The international case was litigated by member Centro de Estudios Legales y Sociales for over 20 years.

Enforcement of the Decision and Outcomes

In the judgment, the Inter-American Court ordered Argentina to (8) submit semi-annual reports on the restitution measures for the property right; and (9) inform the Court, within a year, about measures adopted to comply with the ruling.

Significance of the Case

This case both expands and clarifies State obligations under Article 26 of the American Convention on Human Rights to protect Indigenous Peoples’ rights and emphasizes that States must take measures to protect against infringements of Indigenous rights by non-Indigenous settlers. By ordering the resettlement of the Creole populations, the Court laid out the importance of Indigenous lands to their cultural survival, leading the way to address other non-Indigenous populations currently detrimentally affecting and residing on Indigenous lands.

For their contributions to the summary, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.

Groups Involved in the Case

• Centro de Estudios Legales y Sociales