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


Facts : the native community Yakye Axa had been claiming the property of ancestral lands for years, unsuccessfully. This had the effect of putting the Yakye Axa population in dangerous and vulnerable situation since they traditionally use these lands to cultivate, feed themselves and survive.

Claimants : Inter-American Commission on Human Rights against Paraguay

Rights at Stakes :Rights to life, to a fair trial property right, judicial protection, obligation to respect the rights of the Convention, obligation of non-discrimination, obligation to translate the rights of the Convention into the national right

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

Solution : The Court estimated that the State had violated the Inter-American Convention because it had failed its duty to assure the ancestral property right to the native community Yakye Axa, thus putting the population in danger and not respecting the traditional culture of the latter.