August 1, 2003, and May 19, 2004. Lastly, the Inter-American Commission notes that it requested additional updated information on the situation of the beneficiaries from both parties on November 13, 2006, August 28, 2007, and November 2, 2007. The petitioners provided updated information on the situation of the beneficiaries on November 14, 2007, and March 28, 2008. On November 26, 2007, and April 24, 2008, the IACHR repeated its request to the State for updated information. However, the State has not replied to date. III. POSITIONS OF THE PARTIES A. Position of the petitioners 10. The petitioners say the Xucuru indigenous people are considered a model for the indigenous peoples of Northeastern Brazil because of the process of reasserting its indigenous identity and reclaiming its ancestral lands. 11. According to the petitioners, Brazil’s 1988 Constitution stipulates that land traditionally occupied by indigenous peoples is federal property; that their original ownership of ancestral lands is recognized, and they are guaranteed permanent “possession” 2 of said lands.3 In addition, Law No. 6001 of September 19, 1973 (“Statute of the Indigenous”), has similar provisions regarding the right of indigenous peoples to their ancestral lands, and provides for demarcation of indigenous lands through an administrative process, in accordance with the procedure established by an executive branch decree.4 12. The petitioners explain that the administrative demarcation process involves the following stages: a) identification and drawing of boundaries; b) response by interested third parties; c) decision of the 2 According to the petitioners, the Brazilian Civil Code (Book III, Title I, Chapter I), Articles 1.196 ff. provides that the possessor is “one who exercises de-facto all or some of the attributes of ownership” (free translation of the Portuguese original: “Considera-se possuidor todo aquele que tem de fato o exercício, pleno ou não, de algum dos poderes inerentes à propriedade”). Ownership is a right (Brazilian Civil Code, Article 1.225), that gives the owner “the authority to use, enjoy, and dispose of the thing, and the right to get it from any person who possess or detains it unjustly” (Brazilian Civil Code, Book III, Title III, Chapter I, Article 1.228. Free translation of the Portuguese original: “O proprietário tem a faculdade de usar, gozar e dispor da coisa, e o direito de reavê-la do poder de quem quer que injustamente a possua ou detenha”). In other words, possession is a fact with legal effects, or a de-facto situation, and not a right like ownership (a quintessential right). 3 The petition says this is established in Articles 20, XI, and 231 of Brazil’s Constitution, and Articles 22 ff. of the Statute of the Indigenous. 4 The petition says this is established in Article 19 of the Statute of the Indigenous. 4