Our work on implementation
The Strategic Litigation Working Group (SLWG) decided to start its work on implementation in 2008, during ESCR-Net’s General Assembly. Since then, a global meeting on implementation was held in Colombia in 2010 and regional, peer learning workshops were held in Latin America and Africa in 2012 and 2013, respectively.
During the latter workshops, there was a shift in the work on implementation developed by the SLWG from more general discussions to the development of contextualized models of implementation that could capture the actual challenges and complex solutions of usually long-term, politicized processes of implementation.
Since 2013, two situations have been the focus of the SLWG: 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 Endorois case
In the 1970s, the Kenyan government evicted hundreds of Endorois families from their land around the Lake Bogoria area in the Rift Valley to create a game reserve for tourism.
Assisted by ESCR-Net member, MRG, the Endorois took the case to the African Commission on Human and Peoples Rights (ACHPR) and the Commission ruled in 2010 that the Kenyan government had violated the Endorois' rights to religious practice, to property, to culture, to the free disposition of natural resources, and to development, under the African Charter. For information on the work conducted by the SLWG on this case, please click here.
The Sawhoyamaxa case
The Sawhoyamaxa Community has historically lived in the Paraguayan Chaco, but was evicted from its traditional lands in the 1990s. On May 15th, 2001, ESCR-Net Member, Tierraviva, submitted a petition to the Inter-American Commission of Human Rights. In March 2006, the Inter-American Court (IACHR) found violations to various rights protected by the American Convention on Human Rights: the rights to fair trial, to judicial protection, to property, to life, and to recognition as a person before the law.
Tierraviva has led the implementation process on this case since 2006. The SLWG got engaged in 2013. For information on the work conducted by the SLWG on this case, please click here.