occupies less than half of their land, while the rest is occupied by nonindigenous, which leads to frequent conflicts between the two groups. 3. The State submits that domestic remedies in this case have not been exhausted, and accordingly that the petition is inadmissible for failure to satisfy Article 46.1 of the American Convention. The State submits that the administrative demarcation procedure begun in 1989 has progressed satisfactorily and within a reasonable period of time; it also indicates that the right of the Xucuru indigenous people to their land has been recognized by a ministerial decision (Portaria) of the Ministry of Justice in 1992, with the physical drawing of boundaries of the area finished in 1995; and that the ministerial decision was ratified by a presidential decree on April 30, 2001. With respect to the titling of the Xucuru indigenous land by registry in the appropriate organ, the State points out that it is pending because of a suit (Ação de Suscitação de Dúvidas) filed by the property registrar of the city of Pesqueira in the Pernambuco State Court. However, it notes that on August 9, 2002, the federal government intervened in that action, and removed it to the federal courts because it is an indigenous matter and therefore corresponds to the federal jurisdiction. According to the State’s response on February 20, 2004, the matter was awaiting a decision by the federal judge. Concerning the removal of the non-indigenous from the demarcated territory, the State indicates that it has paid compensation to 296 occupants, and that payment is pending to another 183. The State submits that payment of compensation is expected to be completed in the second half of August 2009, and then the nonindigenous occupants will be removed in order to normalize the situation denounced in the petition. 4. After examining the positions of the parties in the light of the requirements for admissibility established in Articles 46 and 47 of the American Convention, the Inter-American Commission decides to declare the case admissible with respect to Articles 8, 21, and 25 of the American Convention, in connection with the general obligations set forth in Articles 1.1 and 2 of that international instrument. In addition, based on the iura novit curia principle, the Inter-American Commission declares the petition admissible as regards a possible violation of Articles XVIII and XXIII de the American Declaration of the Rights and Duties of Man (“the American Declaration”). Therefore, the InterAmerican Commission decides to notify the parties, publish the report, and include it in its Annual Report. II. PROCESSING BY THE COMMISSION 2