INTER AMERICAN COURT OF HUMAN RIGHTS: Native Community Xakmok vs. Paraguay


Facts : The people Xakmok is an native people of Paraguay. This community complained to the Court asking for recognition of their ancestral territory. In fact, the State of Paraguay claimed the ownership and exploited the ancestral territories on which the native people lived, without taking into account the security and the well-being of this people which was thus incapable of living according to its traditions.

Claimants : Inter American Commission on Human Rights, against Paraguay

Rights at Stakes :The right to a legal personality, the right to life, to judicial guarantee, the right of the child, right to ownership, the obligation to respect the rights stated in the Convention, the obligation to transcribe the rights of the Convention into the national right.

Texts : Inter-American Convention on Human Rights (CIAHR) Art 3; art 4; 2; 8; 19; 21; 25; 1(1); 2.

Solution :By claiming ownership and exploiting the ancestral territories of the Xakmok community without taking into account the population of this community, the State has violated the articles 8, 21 and 25 at the expense of the Xakmok community, violated the right to life (art 4), the right to integrity (art 5), the right to legal personality (art 3), the rights of the child of the Xakmok community according to the article 19 of the Convention. The State has failed its duty of non-discrimination (art 1(1))