REPORT Nº 2/02 ADMISSIBILITY PETITION 12.313 YAKYE AXA INDIGENOUS COMMUNITY OF THE ENXET-LENGUA PEOPLE PARAGUAY February 27, 2002 I. SUMMARY 1. On January 10, 2000, the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the IACHR”) received a petition submitted by Tomás Galeano and Esteban López, leaders of the Yakye Axa indigenous community of the Enxet-Lengua people, represented by the Tierraviva Organization for the Indigenous Peoples of the Chaco (hereinafter “Tierraviva”) and the Center for Justice and International Law (hereinafter “CEJIL”), (collectively hereinafter “the petitioners”), on behalf of the Yakye Axa indigenous community of the Enxet-Lengua people and its members (hereinafter “the Yakye Axa indigenous community” or “the indigenous community”), filed against the Republic of Paraguay (hereinafter “the Paraguayan State,” “Paraguay,” or “the State”). The petition claims that the Paraguayan State violated Articles 4 (right to life) and 25 (judicial protection), in conjunction with Article 1(1) (obligation to respect rights), of the American Convention on Human Rights (hereinafter “the Convention” or “the American Convention”) and, in addition, that the State ignored Article 27 of the International Covenant on Civil and Political Rights (hereinafter “the ICCPR”) and Articles 1(2), 2(1), 4(1), and 5(a) of the International Labor Organization’s Convention 169 concerning tribal and indigenous peoples (hereinafter “Convention 169”), to the detriment of the indigenous community, by failing to provide it with comprehensive assistance during the processing of its claim over traditional territories, failing to conclude the administrative processing of its bid to recover those lands, and by preventing it from conducting its traditional subsistence economic activities — hunting, fishing, and gathering. 2. With respect to admissibility, the petitioners claim that their petition is admissible, applying the exceptions to the requirement of exhausting domestic remedies and to the timely lodging of petitions set forth in Article 46(2)(a) and (b) of the Convention. For its part, the State has submitted no arguments with respect to the admissibility of the complaint. 3. The Commission, after analyzing the positions of the parties and the requirements set forth in Articles 46 and 47 of the Convention. For its part, the State has since the beginning of the proceeding offered a friendly solution and participated fully in the proceeding. II. PROCESSING BY THE COMMISSION 4. On January 10, 2000, the Commission received the petition lodged against the Paraguayan State. On July 27, 2000, the Commission forwarded the relevant parts to the State and asked it to submit all appropriate information within a period of 90 days. 5. On October 16, 2000 the State expressed its interest in initiating friendly settlement proceedings. The Commission asked the petitioners for their comments. 6. On March 1, 2001, during the 110th session of the Commission, a hearing was held, with representatives of both sides in attendance. The petitioners submitted their guidelines for the negotiation process. On April 10, the State presented additional information. 7. On September 10, 2001, the petitioners sent notes to the Commission, informing it of their decision to withdraw from the friendly settlement proceedings and seeking the adoption of precautionary measures on the indigenous community’s behalf. On September 11, 2001, the Commission asked the State for information on the request for precautionary measures and, on September 14, on the withdrawal from the friendly settlement process. That same 1