entire demarcation process carried out and permit the return of some
non-indigenous who were already removed from the area. According to
the petitioners, that case is also awaiting a final judgment.
18.
Concerning requirements for admissibility, especially as regards
the prior exhaustion of domestic remedies, the petitioners cite the
unwarranted delay in the proceedings of the domestic jurisdiction,
because the demarcation process has been going on for more than 19
years since it began in 1989, without accomplishing the proper
registration of the indigenous lands and removal of all the nonindigenous from the territory. The alleged delay in the domestic
proceedings is said to be caused by the government, which failed to
carry out its duty to ensure the effective guarantee of and respect for
the Xucuru indigenous people’s land rights. The petitioners therefore
consider the exception provided in Article 46.2.c. of the American
Convention would be applicable. They also allege that the legislation
that should protect the rights of the indigenous peoples does not have
effective judicial remedies accessible to them, and that therefore there
should be no debate about exhaustion of domestic remedies, because
the demarcation process is an administrative one that only permits
administrative and judicial challenges by interested third parties, not by
the indigenous themselves. In conclusion on this point, the petitioners
submit that the exception set forth in Article 46.2.b of the American
Convention is also applicable. They add that the petition was submitted
within a reasonable period and the subject is not pending in any other
international proceeding for settlement.
19. Based on the foregoing considerations, the petitioners argue that
the State has violated the right to simple, prompt, and effective
recourse (Article 25), with due guarantees and within a reasonable time
(Article 8), because of the unreasonable delay in the demarcation
process; and the right to communal property of the Xucuru indigenous
people for their ancestral lands (Article 21), in connection with Articles
1.1 and 2, all of the American Convention.
B.
Position of the State
20. The State alleges that the petition is inadmissible based on Article
46.1.a of the American Convention. It believes that the requirement of
prior exhaustion of domestic remedies has not been met, and that the
exception claimed by the petitioners concerning unwarranted delay in
the decision on the remedies is inapplicable.
7