The Yakye Axa and Sawhoyamaxa Indigenous communities are living beside a main highway in miserable conditions because their traditional territories are in hands of private owners.

Living outside their lands, the communities are not able to carry out their traditional activities, such as fishing, hunting and gathering honey, which are essential to their way of life. Their survival is at risk.

Two different decisions by the Inter-American Court of Human Rights in 2005 and 2006 ordered Paraguay to restore the traditional lands to the communities.

“[T]he close relationship of indigenous peoples with the land must be acknowledged and understood as the fundamental basis for their culture, spiritual life, wholeness, economic survival, and preservation and transmission to future generations.”
Inter-American Court of Human Rights, Yakye Axa judgement, June 2005
 
However, the deadlines imposed by the Court have long since expired and the lands have not been returned to the Yakye Axa and Sawhoyamaxa.

“The law is in our favour, but it is not complied with… it is only recognized on paper.”
José González, Sawhoyamaxa, November 2008

Temporary measures ordered by the Court to ensure the survival of the communities – such as food, drinking water and adequate health – have only been fulfilled in part, if at all. Conditions in the roadside encampments are making people ill. Neither the Yakye Axa nor Sawhoyamaxa has a health clinic or transport to take people to the nearest medical facilities in the town of Concepción.

“This is doing us a lot of harm because living conditions here on the roadside are very hard.”
José González, Sawhoyamaxa, November 2008

Some members of the Paraguayan government have expressed their commitment to resolve these two cases. However, efforts made to date are insufficient, overdue and misdirected.

The authorities’ continuing failure to respect and uphold the land rights of Indigenous Peoples shows disregard for the rights not just of these two communities but of all Indigenous Peoples in Paraguay.

“Sometimes I sit here in my home and read all the papers they have given me and I ask myself how can it be that the government doesn’t comply with what other countries have told them to do?”
Innocencia Gómez, health activist, Yakye Axa, November 2008

Recently, the Yakye Axa started to consider an offer from the government of alternative land. However, even this offer, which falls short of what the Court ordered and what the Yakye Axa are entitled to, has been withdrawn and the alternative land has been sold.

The Yakye Axa and Sawhoyamaxa are continuing to campaign to put pressure on the authorities in Paraguay to comply with the Inter-American Court orders. They have asked for your support.