3
been established. The conventional obligations of the States Parties bind all powers and organs of
the State.2
6.
That the States Parties to the Convention must guarantee the compliance with
conventional provisions and their specific effects (effet utile) in their own domestic legal systems.
This principle applies not only with regard to the substantive provisions of the human rights
treaties (that is to say, those which express provisions regarding the protected rights,) but also
with regard to the procedural rules, such as those referring to the compliance with the decisions
of the Court. These obligations must be interpreted and applied so that the protected guarantee
be truly practical and efficient, taking into account the special nature of the human rights
treaties.3
*
*
*
7.
That, as regards the fourth operative paragraph, concerning the obligation of the State to
delimit, demarcate and title the land corresponding to the members of the Mayagna Awas Tingni
Community (hereinafter “the Awas Tingni Community” or “the Community”) and, until that
delimitation, demarcation and titling had been done, to abstain from carrying out acts that could
lead the agents of the State itself, or third parties acting with its acquiescence or tolerance, to
affect the existence, value, use or enjoyment of the property located in the geographical area
where the members of the Community live and conduct their activities, the State reported in its
communication dated October 31, 2008 that on June 25, 2008, the Consejo Regional Autónomo
[Autonomous Regional Council] had issued Administrative Provision No. 44-25-06-2008, ratified
on August 11, 2008 in Provision No. 63-11-08-2008, wherein it was decided: a) to ratify 73,394
hectares in favor of the members of the Awas Tingni Community; b) to recognize the right of the
Ten Communities to claim the ancestral lands in their territory; c) to institute the diagnosis stage
for the purpose of preventing possible disputes and of securing feasible settlement alternatives;
d) to immediately proceed to establish and mark the boundaries of the lands of the Awas Tingni
Community, and to the titling thereof, and e) to determine the boundary lines delimiting the
territories of the members of the Awas Tingni Community, of the Ten Communities and of the
Tasba Pri (Tasba Raya). As regards the process of laying the boundary marks, the State reported
that in August, 2008 the second land survey plan had been designed and that it had been carried
out form September 20 to October 22, 2008, with some delay caused by difficulties in entering
the area after Felix hurricane had hit it in September, 2007. Likewise, the State pointed out that
the border lines would be approved in five days so that they could have them drawn on maps and
laid out physically, and that it had put the drafting, approving, recording and conveying of title on
the agenda.
8.
That by means of the brief dated October 31, 2008 and as regards the protection
measures, the State pointed out that “in view of the events reported by the representatives of the
Community that would endanger security in the area”, the National Police and the National Army
Northern Military Detachment expressed they were ready to respond to any behavior destabilizing
2
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention (Arts.
1 and 2 of the American Convention on Human Rights.) Advisory Opinion OC-14/94 of December 9, 1994. para. 35; Case
of Bámaca Velásquez v. Guatemala. Monitoring Compliance with Judgment. Order of the Court of January 27, 2009,
Considering Clause Number Five; and Case of Suárez Rosero v. Ecuador. Monitoring Compliance with Judgment. Order of
the Court of March 20, 2009, Considering Clause Number Four.
3
Cf. Case of Ivcher Bronstein v. Perú. Competence. Judgment of September 24, 1999. Series C No. 54, para. 37;
Case of Bámaca Velásquez v. Guatemala, supra note 2, Considering Clause Number Six; and Case of the “Street Children”
(Villagrán-Morales et al.) v. Guatemala. Monitoring Compliance with Judgment. Order of the Court of January 27, 2009,
Considering Clause Number Six.