Enforcement/Implementation of ESCR

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Case of the Indigenous Community Xákmok Kásek v. Paraguay

The Xákmok Kásek indigenous community, who has originally lived in the Paraguayan Chaco area, filed a petition before the Inter-American Court of Human Rights requesting acknowledgement of their traditional territory. Paraguay sold and split up the land without taking into consideration the indigenous population. The Salazar ranch was founded in the land that had been the home of the Xákmok Kásek community for years.  The community’s ability to survive and to develop its way of life was restricted, and the State failed to fulfill its duty to guarantee the community’s territorial rights.

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Tutela action filed by Orlando José Morales Ramos against Drummond Ltd.

Colombia's Constitutional Court reviewed a tutela action case (action seeking protection of constitutional rights) which looked into whether the mining operations of the company Drummond had violated the rights to life, to a healthy environment, to privacy and to health of a citizen and his family living near the Pribbenow open-pit mine, located in La Loma, municipality of El Paso, department of Cesar, in the North of Colombia.  Based in the United States, Drummond develops and processes coal in both the US and Colombia.

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Pascua Lama Case

Diaguita communities and individuals living in the Huasco river's high basin, in the Atacama region of Chile, filed an action to protect constitutional rights against Compañía Minera Nevada SpA (a subsidiary of Canada-based Barrick Gold) and the Comisión de Evaluación Ambiental (Chile's government agency dealing with environmental issues).

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Madzodzo et al v. Minister of Basic Education et al

This 2014 decision was handed down after three rounds of litigation. In 2012 applicants sought a court order directing the delivery of school furniture to three rural schools in dire need of furniture; a declaration that the State had violated children’s right to education by failing to provide “adequate, age and grade appropriate furniture” at Eastern Cape schools; and an order that the state complete a comprehensive audit of school furniture needs in the province.

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Case of the Saramaka People v. Suriname

The Saramaka people, descendants of self-liberated African slaves, have been living on their traditional territory in Suriname since the early 1700s. This non-indigenous community lives in a traditional way by fishing, hunting and woodworking, and their relationship with the land is more than economic, but also spiritual and cultural. In 1986, Suriname adopted a new Constitution specifying that all non-titled lands and natural resources belonged to the State.

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South African Informal Traders Forum and Others v City of Johannesburg and Others; South African National Traders Retail Association and Others v City of Johannesburg and Others (Case CCT 173/13 & 174/13)

Appeal of South Gauteng High Court’s dismissal of application for interim relief brought by South African Informal Traders Forum and South African National Traders Retail Association. Appellants cited their right to access to courts under Section 34 of the South African constitution as a basis of their appeal.

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Terra de Direitos launches campaign in support of the Paiol Telha community in Brazil

Terra de Direitos has launched a campaign in support of the community of Telha Paiol in the lead-up to the imminent resolution of the Federal Regional Court regarding the constitutionality of Federal Decree 4887/03 that granted land titling to the Paiol quilombola people of Telha Fundao, located in Iguacu Reserve, central Parana region, Brazil.

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Amparo No. 631/2012 (Independencia Aqueduct)

In 2010, the State of Mexico promoted the construction and operation of a project called “Independencia Aqueduct”, which includes plans to carry around 60 million cubic meters of water from the “El Novillo” dam (located in the Yaqui river) to the Sonora river basin to supply water to the city of Hermosillo, Sonora.  The project includes building a water catchment system at “El Novillo”, a repumping station, a steel aqueduct to supply the national water network, and a power transmission line.  The purpose of the works is to carry the water from the Yaqui river to the city of Hermosillo, in v

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Indigenous Communities in Paraguay and Ecuador Sign Declaration to Promote Enforcement of Decisions related to the Right to Land

Representatives of the Sarayaku people (Ecuador), Dejusticia (Colombia), and Fundación Pachamama (Ecuador) , with the support of ESCR-Net, came together at meetings organized by the Enxet-Sanapaná people together with Tierraviva (Paraguay) on September 26-27.  The discussions focused on enforcing decisions by the Inter-American Court of Human Rights (IACHR).

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Constitutional Human Rights Ruling T-724/03

In Bogota, recyclable materials have traditionally been collected and sold by individuals and families organized into recycling associations. Recyclers are among the poorest, most marginalized members of society.

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