Yakye Axa: IACHR Court Conducts Compliance Supervision Visit

• Nearly 20 years after the ruling, the Yakye Axa community still lacks access to clean water, healthcare, quality education, and sufficient food.
• During a private hearing following the visit, the community expressed their main concerns and demands.

Asunción, Paraguay, September 20, 2024 – A delegation from the Inter-American Court of Human Rights (IACHR), led by Vice President Rodrigo Mudrovitsch, visited Paraguay to inspect reparations in the Yakye Axa Indigenous Community vs. Paraguay case. Representatives from CEJIL, Tierraviva, and over 70 government officials responsible for implementing the reparations participated. This was the Court’s second visit to the community since its 2005 ruling.

Compared to the first visit in 2017, some progress has been made, but significant challenges remain. While road construction has advanced, issues such as lack of maintenance, signage, and lighting make the road unsafe. The road remains unpaved, requiring continuous upkeep due to weather conditions and traffic.

The community still lacks access to essential services like healthcare, education, quality food, and clean water, which hinder their survival. Water provision from the state is insufficient, forcing the community to collect rainwater in unsanitary conditions. Though housing has been built, it is of poor quality, with cracked walls and leaking roofs, and lacks adequate sanitation. The food supply remains inadequate in quantity and variety.

Health and education infrastructure are underdeveloped. A medical clinic remains unfinished, with uncertain equipment, and the classrooms built for the community are inadequate, lacking proper sanitation facilities for the 64 attending children.

Electricity infrastructure is stalled, with columns installed but no wiring or transformers, leaving the community without reliable power.

Following the visit, a private hearing highlighted the lack of progress in securing land titles for the community and enacting legislative measures to guarantee Indigenous property rights. The Court’s Vice President and Secretariat heard directly from Yakye Axa leaders and observed their living conditions, hoping this visit prompts Paraguay to fully comply with the ruling.

Case Background

The Yakye Axa community, comprising over 300 members of the Enxet people, is located in the Presidente Hayes Department. Due to agricultural and livestock expansion, much of their land was sold by the Paraguayan state without consent, forcing their displacement. Efforts to reclaim their traditional land began in 1993 but were unsuccessful.

In 2005, CEJIL and Tierraviva successfully litigated the Yakye Axa case before the IACHR, which condemned Paraguay for violating the community’s collective property rights, right to life, and judicial protections. The Court ordered reparations, including the return of their land. However, nearly 20 years later, Paraguay has yet to fully comply with the Court’s orders, reflecting significant delays in state action.