REPORT N° 11/03 PETITION 0326/01 ADMISSIBILITY XAKMOK KÁSEK INDIGENOUS COMMUNITY PARAGUAY February 20, 2003 I. SUMMARY 1. On May 15, 2001, TIERRAVIVA, an NGO representing the indigenous peoples of Chaco (hereinafter the “petitioners”), lodged a petition with the Inter-American Commission on Human Rights (hereinafter the “Commission” or the “IACHR”) on behalf of the Comunidad Indígena Xakmok Kásek del Pueblo Enxet and its members, (hereinafter the “Xakmok Kásek Indigenous Community” or the “Indigenous Community”), against the Republic of Paraguay (hereinafter the “State” or “State of Paraguay”). The petition alleged that the State of Paraguay had violated the obligation to respect rights (Article 1), the obligation to adopt domestic legal effects (Article 2), the right to legal guarantees (Article 8(1)), the right to property (Article 21), and the right to judicial protection (Article 25) of the American Convention on Human Rights (hereinafter the “Convention” or the “American Convention”) to the detriment of the Indigenous Community and its members. 2. The petitioners argue that more than 12 years have passed since the requisite proceedings were undertaken to recover part of the ancestral lands of the Xakmok Kásek Indigenous Community, and that to date the situation has not been favorably resolved, despite the fact that the Constitution of Paraguay acknowledges the right of indigenous peoples to develop their lifestyles in their own habitat. With respect to the admissibility requirements, the petitioners contend that their petition is admissible through application of the exceptions to the requirements that remedies under domestic law be exhausted, as stipulated in Article 46(2) of the Convention. 3. In its initial communication, the State declares that given the Foreign Ministry’s policy of cooperating with international human rights organizations, given that the Government of Paraguay places priority on cases that meet the requirements for being handled by an international institution, and given that the petition presented on behalf of the Xakmok Kásek Indigenous Community fulfilled such requirements, the State wishes to reach a friendly settlement. 4. Having analyzed the positions of the parties and the fulfillment of the requirements provided for in Articles 46 and 47 of the Convention, the Commission concludes that it is competent to hear the complaint and declares the petition admissible under Articles 2, 8(1), 21, and 25 of the Convention, and in accordance with Article 1(1) of the same instrument. II. PROCESSING BY THE COMMISSION 5. The Commission received the complaint against the State of Paraguay on May 15, 2001 and received additional information from the petitioners on May 25, 2001. On June 6, 2001, the Commission forwarded the pertinent sections of the petition to the State and gave the State two months to respond. 6. On August 1, 2001, the State expressed its desire to reach a friendly settlement and on August 2 the Commission gave the petitioners 15 days to present their observations. 7. On August 27, 2001, the Commission convened the parties to a working group meeting to be held on October 1 during the 113th Regular Session to deal with issues linked to the petition. Said meeting was subsequently postponed until November 13. 1