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Case of the Indigenous Community Yakye Axa v. Paraguay 

Date: 17 June 2005 

Court: Inter-American Court of Human Rights 

Citation(s): IACHR Series C no 125 (Official Case No) IHRL 1509 (IACHR 2005) 

Short summary  

The Yakye Axa Indigenous Community brought a complaint against the state of Paraguay, alleging failure to acknowledge and enforce their right to own and occupy their ancestral lands. In ruling for the Community, the Inter-American Commission on Human Rights recognized that the realization of the right to life is necessarily linked to and dependent on the physical environment. The result was a state obligation to adopt positive measures to fulfill a standard of dignified life.  

Summary by: Sophie Sklar

Link to Original Judgement  

Click here to open the case in PDF format


Weight of decision  

This case holds substantial weight in Paraguay and precedential authority in other Inter-American disputes, insofar as it reaffirms the Inter-American Court’s broad interpretation of right to life, which includes consideration of health, environment, education, and food standards.  

Key facts 

The Yakye Axa Indigenous Community had a land claim under consideration since 1993 without resolution. This made it impossible for the Community and its members to own their territory or have adequate access to food and health care.  

Esteban Lopez, leader of the Yakye Axa Community, testified to the Inter-American Court that: 

“Living conditions of the members of the Yakye Axa Community at the place where they currently live are difficult. The settlement is surrounded by cattle ranchers’ land, which they are not allowed to enter. They cannot hunt freely, they have problems finding food and protecting themselves in the country to avoid conflicts with the white persons. The men of the Community cannot feed their children regularly. The witness has to go elsewhere to obtain water and food for the boys and girls. Most members of the Community are jobless.” (¶ 15) 

Previous instances  

On March 3, 1997, the Yakye Axa Indigenous Community filed a suit against firms which had rented the land claimed by the Community, invoking the Paraguayan Constitution, as well as the provisions of Article 14 of Law 234/93 that ratified the International Labor Organization Convention No. 169 on Indigenous and Tribal Peoples in Independent Countries. On April 17, 1997, the Civil and Commercial Trial Court, tenth rotation, Secretariat No. 19, dismissed this action on time of filing grounds.1 

In a separate but related proceeding, the Inter-American Commission on Human Rights filed before the Inter-American Court an application against the State of Paraguay. The Commission alleged that the State has not ensured the ancestral property rights of the Yakye Axa Indigenous Community and its members. The Commission filed the application based on the American Convention on Human Rights, for the Court to decide whether Paraguay breached Articles 4 (Right to Life); 8 (Right to Fair Trial); 21 (Right to Property) and 25 (Judicial Protection) of the Convention with respect to their treatment of the Yakye Axa. The Commission asked the Court to order the State to take certain steps as reparation and to reimburse costs and expenses. 

Summary of holding 

The Court had to establish whether the State generated conditions that worsened the difficulties of the Yakye Axa and, if so, whether it took appropriate positive measures to fulfill its obligations. 

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Moiwana Community v. Suriname

Date: 15 June 2005

Court: Inter-American Court of Human Rights  

Citation: IACtHR, Moiwana Village v. Suriname, Judgment, 15 June 2005, Series C, No.145 (2005) 

Short summary  

The Inter-American Court of Human Rights (IACtHR)held that the State of Suriname violated the Moiwana’s right to property by its failure to conduct an effective investigation into the events which caused the internal displacement of the Moiwana community. The Court stressed the profound ties of the Moiwana community to their traditional lands which were integral to their identity and existence.  

Summary by: Wong Ho Yin

Link to original judgement

Click here to open the case in PDF format


Weight of decision  

The IACtHR applies the American Convention on Human Rights and States that have recognised the jurisdiction of the IACtHR are bound by its judgments.  As this case originated in an application against Suriname, a then State who recognised the jurisdiction of the IACtHR, the judgment is binding and Suriname must implement its recommendations.  

Key facts 

The N’djuka maroon village of Moiwana faced attacks and massacre by members of the armed forces of Suriname in 1986. Inhabitants of Moiwana were forcibly displaced within Suriname and they were unable to maintain their means of livelihood and subsistence. There was not sufficient investigation of the massacre, not to mention prosecution or punishment of the perpetrators.  

Previous instances  

In 1997, the human rights organization Moiwana ‘86 filed a petition before the Inter-American Commission on Human Rights with respect of Articles 25 (right to judicial protection), 8 (right to a fair trial) and 1(1) (obligation to respect rights) of the American Convention against the State of Suriname. The Inter-American Commission found the petition admissible and made recommendations to Suriname to take actions to address the massacre. After unsuccessful attempts to facilitate compliance with its recommendations, the Inter-American Commission referred the case to the Inter-American Court. 

Summary of holding 

The Court decided that Suriname’s failure to investigate the events has directly prevented the Moiwana community from resuming their lives in the traditional lands which were their ancestral territory.  

The Court held that even when the Moiwana community did not own formal legal title to the territory (as the land belonged to the State), they obtained “official recognition of their communal ownership” of the land by mere occupation of the land pursuant to customary practices. The Court took into account the “unique and enduring ties that bind indigenous communities to their ancestral territory”.(para. 131). The Court opined that: 

The relationship of an indigenous community with its land must be recognized and understood as the fundamental basis of its culture, spiritual life, integrity, and economic survival. For such peoples, their communal nexus with the ancestral territory is not merely a matter of possession and production, but rather consists in material and spiritual elements that must be fully integrated and enjoyed by the community, so that it may preserve its cultural legacy and pass it on to future generations.” (emphasis added) (see para. 131) 

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