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

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