Comunidad Indígena Xakmok KasekCase
The facts of the case concern the right to ancestral property of the indigenous Community Xákmok Kásek, which for more than 20 years have held a claim request without obtaining a response.
The IA Court consolidated its jurisprudence on the right to communal ancestral property, recognizing the close relationship which exists between ancestral territories, the resources which come from them, and indigenous communities. In particular, it established that the lack of access to basic services like water, nutrition, health and education suffered by the Community constitutes a violation of the right to life. The Court also identified that the State was responsible for the death of members of the Community, in that it did not adopt the necessary positive measures which were needed to prevent or avoid the risk posed to life.
Once again, the IA Court explicitly recognized that the traditional possession indigenous groups maintain of their lands has an equivalent effect to the title of full ownership granted by the State. As a consequence, those who for reasons outside of their control have left or lost possession of their lands retain the right of ownership over them, despite the absence of legal title when said lands are found to be under private ownership.
- Presentation to the IACommission
- May 15, 2001
- Submission to the IACourt
- Jul 3, 2009
- IACourt / Judgment: rights violated
ACHR 1.1, 2, 21.1, 8.1, 25.1 1.1, 4.1 1.1, 5.1 1.1, 4.1 1.1, 3 1.1, 19 1.1, 21.1, 8.1, 25.1, 4.1, 3, 19
- IACourt / Judgment: rights non-violated
- Indigenous peoples
- Court documents
- Comunidad Indigena Xakmok Kasek. Hearing. April 14, 2010
- Comunidad Indigena Xakmok Kasek. Resolución de la CorteIDH de 8 de marzo de 2010
- Comunidades Indigenas Yakye Axa, Sawhoyamaxa y Xakmok Kasek. Hearing. November 21, 2011
- Comunidades Indigenas Yakye Axa, Sawhoyamaxa y Xakmok Kasek. Order of the IACourt. August 30, 2017
- Xakmok Kasek. Judgment. August 24, 2010
- Xakmok Kasek. Order of the IACourt. May 14, 2019
- Yakye Axa, Sawhoyamaxa y Xakmok Kasek. Order of the IACourt. June 24, 2015
- Yakye Axa, Sawhoyamaxa y Xakmok Kasek. Order of the President. September 1, 2016
- Documentos de la comisión