REPORT No. 98/09 1
PETITION 4355-02
October 29, 2009


On October 16, 2002, the Movimento Nacional de Direitos
Movement/Northeast Region], the Gabinete de Assessoria Jurídica às
Organizações Populares – GAJOP [Legal Advisory Office for Popular
Organizations] and the Conselho Indigenista Missionário – CIMI
[Missionary Indigenist Council] (hereinafter "the petitioners"), lodged a
petition with the Inter-American Commission on Human Rights (“the
Inter-American Commission” or “the IACHR”) against the Federative
Republic of Brazil (“the State" or “Brazil”) for alleged violations of the
rights to property, to a fair trial, and to judicial protection guaranteed,
respectively, in Articles 21, 8, and 25 of the American Convention on
Human Rights (“the American Convention"), in connection with the
general obligations to respect the rights and adopt provisions in
domestic law specified in Articles 1.1 and 2 of the same treaty, to the
detriment of the Xucuru indigenous people and its members (“the
alleged victims”), in the city of Pesqueira, state of Pernambuco.
The petition alleges the denial of the right to property of the
Xucuru indigenous people because of the delay in demarcation of their
ancestral land, as well as the lack of judicial protection to guarantee
their right to property. According to the petitioners, the process of
drawing of boundaries, marking, and titling of Xucuru indigenous land
began in 1989 and is still not finished as of this date, due to actions filed
by third parties with support of the State; the delay of the executive and
judicial branches in resolving the administrative and judicial appeals
they filed; changes in the rules and administrative procedures for
demarcation in presidential decrees; and the ineffectiveness of the
procedure for protecting the land rights of the indigenous peoples. The
petitioners allege that as of this date the Xucuru indigenous people

1 Commissioner Paulo Sérgio Pinheiro, a Brazilian national, did not participate in the
deliberation or decision of this petition, as provided in Article 17.2.a of the
Commission’s Rules of Procedure.


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