46. Based on the foregoing, the Commission believes that the requirements set forth in Article
47(b) and (c) of the American Convention have been met.
V.
CONCLUSIONS
47. The Commission concludes that it is competent to hear the complaint submitted by the
petitioners and that the petition is admissible under Articles 46 and 47 of the Convention.
48. Based on the foregoing considerations of fact and law, and without prejudging the
substance of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare that the petitioners’ complaint regarding the alleged violation of Articles 4, 21,
25, 8, and 1(1), to the detriment of the Yakye Axa indigenous community of the Enxet-Lengua
people, is admissible;
2. To notify this decision to the State of Paraguay and to the petitioners.
3. To continue with its analysis of the merits of this case; and,
4. To publish this decision and to include it in its Annual Report to the General Assembly of the
OAS.
Done and signed at the headquarters of the Inter-American Commission on Human Rights, in
the city of Washington, D.C., on the 27th day of February, 2002. (Signed): Juan Méndez,
President; Marta Altolaguirre, First Vice-President; Jose Zalaquett, Second Vice-President;
Commissioners Robert K. Goldman, Julio Prado Vallejo and Clare K. Roberts.
the close ties of indigenous people with the land must be recognized and understood as the fundamental basis of their
cultures, their spiritual life, their integrity, and their economic survival. For indigenous communities, relations to the
land are not merely a matter of possession and production but a material and spiritual element which they must fully
enjoy, even to preserve their cultural legacy and transmit it to future generations.” Inter-American Court of Human
Rights, Mayagna (Sumo) Awas Tingni Community vs. Nicaragua, Judgment of August 31, 2001.
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