INTER-AMERICANE COURT OF HUMAN RIGHTS: Native community Sawhoyamaxa c. Paraguay


Facts : The State of Paraguay was depriving the native community Sawhoyamaxa to benefit from the property right of their ancestral territories, and the native community was claiming the re-establishing of these rights since 1991. However, their claim has never been satisfied. The impossibility to fully benefit from the lads that traditionally belong to them, is a threat to their survival, health, and the respect of their tradition.

Claimants : > Inter-American Convention on the Human Rights against Paraguay

Rights at Stakes :The right to life, the right to the integrity of the person, the property right, the right to a fair trial, the right to judicial protection, the obligation to respect the right stated in the Convention, the obligation to translate the rights of the Convention into the national right.

Texts : Inter-American Convention on Human Rights (IACHR) Art 3; art 4; art 5; art 19; art 21; art 8; art 25; art 1(1); art 2

Solution : The State must respect the ancestral traditions of the native people living on its territory, because the life and survival of these population depend on it. Violation of the article 8 on the article 1(1) and 25 on the article 5 (right to a fair trial and judicial protection), article 21 on the article 1(1) and 2, article 4 on the article 1(1) and 19, article 3 on the article 1(1).