2
2.
The Commission filed the application based on Articles 51 and 61 of the
American Convention, for the Court to decide whether Paraguay breached Articles 4
(Right to Life); 8 (Right to Fair Trial); 21 (Right to Property) and 25 (Judicial
Protection) of the American Convention, in combination with the obligations set forth
in Articles 1(1) (Obligation to Respect Rights) and 2 (Domestic Legal Effects) of that
same Convention, to the detriment of the Yakye Axa Indigenous Community of the
Enxet-Lengua People (hereinafter the “Yakye Axa indigenous Community”, the
“Yakye Axa Community”, the “indigenous Community” or the “Community”) and its
members. The Commission alleged that the State has not ensured the ancestral
property rights of the Yakye Axa Indigenous Community and its members, because
said Community’s land claim has been processed since 1993 but no satisfactory
solution has been attained. According to the Commission in its application, this has
made it impossible for the Community and its members to own and possess their
territory, and has kept it in a vulnerable situation in terms of food, medical and
public health care, constantly threatening the survival of the members of the
Community and of the latter as such.
3.
Due to the above, the Commission asked the Court to order the State to take
certain steps as reparation and to reimburse costs and expenses.
II
JURISDICTION
4.
The Inter-American Court has jurisdiction to hear the instant case, pursuant
to Articles 62 and 63(1) of the American Convention, because Paraguay has been a
State Party to the Convention since August 24, 1989, and it acknowledged the
adjudicatory jurisdiction of the Court on March 26, 1993.
III
PROCEEDING WITH THE COMMISSION
5. On January 10, 2000, the non-governmental organizations “Tierraviva a los
Pueblos Indígenas del Chaco paraguayo” (hereinafter “Tierraviva”) and the Center for
Justice and International Law (hereinafter “CEJIL”) submitted to the Inter-American
Commission a complaint on the alleged violation by Paraguay of the right embodied
in Article 25 of the American Convention, in combination with the obligations set
forth in Articles 1(1) and 2 of that Convention, to the detriment of the members of
the Yakye Axa Indigenous Community.
6.
On February 27, 2002, during its 114th Regular Session, the Commission
adopted Admissibility Report No. 2/02, in which it found the case to be admissible,
and made itself available to the parties for a friendly settlement.
7.
On October 24, 2002, during its 116th Regular Session, the Commission,
after analyzing the position of the parties and deeming the friendly settlement stage
ended, adopted Report on the Merits No. 67/02, pursuant to the provisions of Article
50 of the Convention. In said report, the Commission recommended that Paraguay:
1. Take such measures as may be necessary, as soon as possible, to make effective
the right of the Yakye Axa Indigenous Community of the Enxet-Lengua People and its