3
Convention on the Law of Treaties, a party may not invoke the provisions of its
internal law as justification for its failure to perform a treaty.3
6.
That the States Parties to the Convention must ensure compliance with its
provisions and their inherent effects (effet utile) within their respective domestic
legal systems. This principle is applicable not only with regard to the substantive
norms of human rights treaties (that is, those which contain provisions concerning
the protected rights), but also with regard to procedural norms, such as those
referring to compliance with the decisions of the Court. These obligations shall be
interpreted and applied so that the protected guarantee is truly practical and
effective, bearing in mind the special nature of human rights treaties.4
7.
That the Court considers that the hearing held to monitor the points pending
compliance in this case, characterized by the good will and spirit of cooperation of
the parties, was extremely useful.
*
*
*
8.
That, regarding the granting of the traditional lands to the members of the
Yakye Axa Indigenous Community (hereinafter “the Community”) (sixth operative
paragraph of the Judgment), the State advised, inter alia, that the Paraguayan
Institute for Indigenous People (hereinafter “INDI”), “by Resolution No. 1,178/2007
of September 10, 2007, [decided] to request the expropriation of the property
identified as Lots 15,179, 15,180 and 15,181 with a total surface area of 15,963
hectares, 1,531 square meters […].” It also indicated that the Ninth Civil and
Commercial Court of First Instance of Asuncion had granted preventive measures
prohibiting any work de facto and de jure to be done on the property claimed by the
Community, “in order to prevent […] possible alterations of the Community’s
traditional or ancestral habitat.”
9.
That the representatives indicated that “the State’s decision to initiate an
expropriation procedure could resolve the most important aspect of this case […].
Nevertheless, there is no draft expropriation law […] before Congress, even though
only five months remain of the time established by the Court […] to comply with this
point. [… N]ot even a preliminary draft of the law has been drawn up.” The INDI
Resolution mentioned by the State “is merely of a declaratory nature.” In addition,
they indicated that “the area of 15,963 hectares mentioned in INDI Resolution No.
1,1[7]8/2007 does not correspond to the area of the lands claimed by the
Community,” and that it remained to be seen “whether the State had registered” the
measures of protection preventing any work to be done on the land claimed.
10.
That the Commission stated that it hoped that, within the “more than
reasonable [period] of three years granted by the Court,” the State would comply
with the granting of the land to the members of the Community. Also, since “the life
3
Cf. International Responsibility for the Promulgation and Enforcement of Laws in violation of the
Convention (Arts. 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of
December 9, 1994. Series A No. 14, para. 35; García Asto and Ramírez Rojas v. Peru. Compliance with
judgment, supra note 2, sixth considering paragraph, and Molina Theissen v. Guatemala. Compliance with
judgment, supra note 2, third considering paragraph.
4
Cf. Ivcher Bronstein v. Peru. Competence Judgment of September 24, 1999. Series C No. 54,
para. 37; Gómez Palomino v. Peru. Compliance with judgment. Order of the Court of October 18, 2007,
fourth considering paragraph, and García Asto and Ramírez Rojas v. Peru. Compliance with judgment,
supra note 2, seventh considering paragraph.