The facts of the case concern the granting of a concession to a private company by the State, in order to carry out construction work on roads and logging in ancestral territories of the Mayagna (sumo) Awas Tingui community, without their consent.

The IA Court established standards relating to the lack of existence of effective procedure to delimit, demarcate and issue title to indigenous territories in relation to the guarantee of judicial protection. Likewise, the Court developed standards regarding the concept of property in indigenous communities and its links to customary law.