51.
In sum, the petitioners allege that Guatemala violated their rights to collective ownership of
the lands and natural resources and the indigenous peoples’ rights to free determination and self-governance
in relation to the obligation to respect rights and the duty to adopt provisions and domestic law due to the lack
of a law recognizing those rights. They also allege that existing laws have omitted the participation of
indigenous peoples from processes and procedures regulating the adjudication of their lands, mineral
exploitation on their territories, and approval of environmental and social impact studies filed by the
proponents of the mining projects.
52.
The State holds that the individual and collective rights of indigenous peoples are
constitutionally guaranteed, and that measures of judicial protection are in place to protect their economic,
social, cultural, and environmental interests. It maintains that although there is still no legislation specifically
protecting the lands of indigenous communities, the regularization process ensures their use and enjoyment of
it until it is delimited, demarcated, and titled. It also expresses that only the State can dispose of its goods and
grant mining licenses.
53.
In view of the elements of fact and law presented by the parties and the nature of the matter
under consideration, the IACHR finds that should they be proven, the facts alleged by the petitioner could
represent violations to the rights protected in Articles 3, 8, 21, 24, and 25 of the American Convention, in
conjunction with Articles 1(1) and 2 thereof.
V.
CONCLUSIONS
54.
Based on the considerations of fact and law described herein and without prejudging the
merits of the case, the Inter-American Commission concludes that this petition meets the admissibility
requirements established in Articles 31 through 34 of the Rules of Procedure and 46 and 47 of the American
Convention.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.
To declare this petition admissible regarding Articles 3, 8, 21, 24, and 25 of the American
Convention, in conjunction with Articles 1(1) and 2 of the American Convention on Human Rights.
2.
To notify the parties of this decision;
3.
To continue with the analysis of the merits of this matter; and
4.
To publish this ruling and include it in its Annual Report to the General Assembly of the
Organization of American States.
Done and signed in the city of Washington, D.C., on the 18th day of the month of March, 2017. (Signed):
Francisco José Eguiguren, President; Margarette May Macaulay, First Vice President; Esmeralda E. Arosemena
Bernal de Troitiño, Second Vice President, Paulo Vannuchi and James L. Cavallaro, Commissioners.
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