Implementation

The Strategic Litigation Working Group current work on implementation is connected to two cases litigated by members in regional systems: the Endorois case (litigated by MRG, CEMIRIDE, and EWC before the African Commission on Human and People’s Rights) and Sawhoyamaxa community case (litigated by Tierraviva before the Inter-American System).

The idea to work on the implementation of concrete cases sprung from regional meetings on implementation held in South Africa (2012) and Colombia (2013). Discussions in such meetings made it clear that, although common challenges for implementation had been identified, actualexperience with the implementation of cases was still lacking, the development of more contextualized models for implementation could be useful, and lessons learned could be leveraged to enhance implementation efforts in other cases. 

The Endorois decision was selected due to its potential impact in the region, the quality of the ACHPR recommendations on this case, and the relevance of the issue to ESCR-Net members. The Sawhoyamaxa decision was selected due to the close monitoring led by Tierraviva (which could allow for the identification of opportunities of engagement), the relevance of this land case to the country, where almost all Indigenous lands have been privatized; and the potential to use this case as a model for implementation of other decisions by the Inter-American Court.