25. The State informs that between 2001 and 2005 FUNAI paid
compensation to 296 non-indigenous occupants. The State mentions
that the physical demarcation of the area sparked tension and violent
incidents that have hampered the removal of non-indigenous occupants.
Nevertheless, according to the State, in 2007 all non-indigenous
occupations were identified, and only 183 non-indigenous occupants
remained to be compensated, as reported in the State’s communication
of July 23, 2009. The State indicates that the compensations were to be
paid in August 2009.
26. Based on the foregoing considerations, the State holds that the
demarcation process is proceeding without delays, although it has not
been completed owing to difficulties in connection with the removal of
non-indigenous occupants from the identified territory. The State says it
is giving high priority to the removal of non-indigenous occupants from
Xucuru territory, and that once all the compensations have been paid
that removal will be carried out, thereby normalizing the situation
denounced in the petition.
IV.
ANALYSIS OF ADMISSIBILITY
A.
The Commission’s competence ratione personae, ratione
materiae, ratione temporis, and ratione loci
27.
Pursuant to Article 44 of the American Convention, the
petitioners, as legally recognized nongovernmental organizations, are
eligible to submit petitions to the IACHR. The petition specifies as
alleged victims the Xucuru indigenous people and its members,5 for
whom the Brazilian State has undertaken to guarantee and respect the
rights set forth in the American Convention. As a member state of the
Organization of American States, 6 Brazil is also a state party to the
American Convention, which it ratified on September 25, 1992. The
Inter-American Commission therefore has ratione personae competence
to consider the petition.
5 The Xucuru are an organized people located in a specific geographical area, whose
members may be individually identified. The initial petition presented by the petitioners
says that the Xucuru indigenous people have a population of about 7,000 indigenous
persons, which is the largest indigenous population in the northeastern region of Brazil.
In this regard, see IACHR, Report 62/04, Admissibility, P 167/03, Kichwa Peoples of
the Sarayaku Community and its Members, Ecuador, October 13, 2004, para. 47; and
I-A Court. Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Merits,
Reparations, and Costs. Judgment of August 31, 2001. Series C No. 79, para. 149.
6 Brazil is a founding member of the Organization of American States; it signed the
OAS Charter in 1948 and deposited its instrument of ratification in 1950.
9