rights recognized by the Convention constitutes a violation of this instrument by the
State Party in which such a situation occurs. 249
232. The Court has interpreted that the scope of the State’s obligation to provide a
judicial remedy, established in Article 25 of the Convention, is not restricted to the
mere existence of courts or formal proceedings; rather, the State must also adopt
positive measures to ensure that those remedies are effective to decide whether
human rights have been violated and to provide a possible reparation. 250 Based on this
article, two specific State responsibilities can be identified: the first, that States must
establish by law and ensure due application of effective remedies before the competent
authorities that protect all persons subject to their jurisdiction from acts that violate
their fundamental rights or that lead to the determination of the latter’s rights and
obligations. 251 The second, that they must guarantee the means to execute the
respective decisions and judgments issued by those competent authorities so that the
rights that are declared or recognized are protected effectively. 252
233. In relation to indigenous and tribal peoples, this Court has established in its
case law that States have the obligation to establish appropriate procedures within
their domestic legal system to process their land claims, derived from the general
obligation to ensure rights established in Articles 1 and 2 of the Convention. 253 The
remedies provided by the State should represent a real possibility 254 for the indigenous
and tribal communities to be able to defend their rights and exercise effective control
over their territory without any outside interference. 255
B.1 The proceedings to protect the property of the Punta Piedra
Garifuna community from third parties by providing clear title
234. Based on the foregoing, in this chapter the Court will analyze the disputes related
to the violation of Article 25 of the Convention, in relation to Articles 1(1) and 2 of this
treaty. Therefore, it will assess: (a) the suitability and effectiveness of the Ad Hoc
Interinstitutional Commission and the conciliation agreements; (b) the execution of the
commitments made, and (c) the alleged lack of an adequate and effective remedy
under domestic law in this case.
Cf. Case of the Mayagna (Sumo) Awas Tingni Community, supra, para. 113, and Case of the Kuna
Indigenous People of Madungandí and the Emberá Indigenous People of Bayano and their members, supra,
paras. 193 and 198.
250
Cf. Case of Velásquez Rodríguez, Merits, supra, paras. 63, 68 and 81 and Case of the Kuna
Indigenous People of Madungandí and the Emberá Indigenous People of Bayano and their members, supra,
para. 165.
251
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala, Merits. Judgment of
November 19, 1999. Series C, No. 63, para. 237, and Case of Wong Ho Wing v. Peru. Preliminary objection,
merits, reparations and costs. Judgment of June 30, 2015. Series C No. 297, para. 196.
252
Cf. Case of the “Street Children” (Villagrán Morales et al.), supra, para. 237 and Case of Wong Ho
Wing, supra, para. 196.
253
Cf. Case of the Yakye Axa Indigenous Community, supra, para. 102, and Case of the Sawhoyamaxa
Indigenous Community, supra, para. 109.
254
Cf. Case of the Constitutional Court v. Peru. Jurisdiction. Judgment of September 24, 1999. Series C
No. 55, para. 90, and Case of the Xákmok Kásek Indigenous Community, supra, para. 144.
255
Cf. Case of the Mayagna (Sumo) Awas Tingni Community, supra, paras. 148 to 153, and Case of
the Kuna Indigenous People of Madungandí and the Emberá Indigenous People of Bayano and their
members, supra, para. 112.
249
67