by the activities of the extractive fishing industry in the Miskito territory and, in particular,
those derived from Article 26 of the Convention, in relation to Articles 1(1) and 2 thereof.
B.
Observations of the representatives
14.
In its observations on the agreement, submitted on April 15, 2021, the representatives
of the alleged victims reiterated the arguments set forth in their brief of March 24, 2021, to
which they attached a copy of the friendly settlement agreement. They confirmed their signing
of the Agreement and requested that the Court, in application of Article 63 of its Rules of
Procedure, declare that the Agreement is admissible in all its aspects and has full legal effects.
Therefore, they requested that the Court, in its judgment in this case, analyze the facts
acknowledged by the State, as well as the violations committed against the victims and their
next of kin and “endorse the reparations agreed upon by the parties as set forth in the
Agreement.” They also asked to Court to “follow up on the implementation (of the reparations)
in the context of the process of monitoring compliance with the judgment.”
15.
In particular, the representatives urged the Court to accede to the joint request of the
parties and to develop jurisprudence on the content and scope of the rights protected by the
Convention that were violated by virtue of the activities of the fishing industry in the Miskito
territory, and the lack of regulation, supervision and oversight of these by the State and, in
particular, of the rights derived from Article 26 of the Convention. They argued that the
development of such standards would provide Honduras and other States in the region with
information on their obligations to respect and guarantee human rights in cases involving
private companies and indigenous peoples. The aim is to ensure that events such as those
that occurred in the instant case are not repeated.
16.
Finally, the representatives requested that the amount to be awarded as compensation
for costs and expenses, as well as the amount corresponding to the Miskito organizations for
costs and expenses, be kept confidential in the judgment on the endorsement of the
agreement.
C.
Observations of the Commission
17.
In its observations, the Inter-American Commission expressed satisfaction with the
friendly settlement agreement signed by the parties. Likewise, it welcomed the State’s
acknowledgment of responsibility based on the factual and legal determinations of the Merits
Report, and noted that the reparation measures agreed upon by the parties include the
different components of a comprehensive compensation, in the terms of the inter-American
human rights system. Finally, the Commission expressed satisfaction with the parties’ joint
petition for the Court to rule on the points of law specified, and reaffirmed that request. In
particular, it stressed the importance of developing the Court’s jurisprudence in relation to
Article 26 of the American Convention, as indicated in the agreement itself.
D. Considerations of the Court
18.
On previous occasions, this Court has had the opportunity to examine and evaluate
friendly settlement agreements. 7 On this point, it is useful to recall that Article 63 of the
Court’s Rules of Procedure establishes that “[w]hen the Commission, the victims or alleged
victims or their representatives, the respondent State or, if applicable, the petitioning State,
Cf. Case of Benavides Cevallos v. Ecuador. Merits, reparations and costs. Judgment of June 19, 1998. Series
C No. 38, and Case of Escaleras Mejía et al. v. Honduras. Judgment of September 26, 2018. Series C No. 361, para.
15.
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