The Struggle after the Victory: Non-compliance in the Inter-American Court of Human Rights’ Jurisprudence on Indigenous Territorial Rights

Abstract

This article analyses non-compliance with decisions issued by the Inter-American Court of Human Rights on the matter of indigenous territorial rights. The central objectives of the work are (i) to quantify and to analyse the level of compliance with reparation orders issued by the Court in indigenous territorial decisions and (ii) to understand the elements that fomented and hindered compliance with the cases. Quantitative analyses of the compliance were used, analysing 11 cases decided by the Court. Additionally, a qualitative study was pursued by means of a case analysis, focusing on cases against Paraguay and Suriname. The article concludes that compliance with territorial cases is a complex matter, involving a multiplicity of interconnected elements and actors. Compliance is stimulated by clarity of the orders, existence of domestic institutions in charge of compliance, domestic legal protection of indigenous rights and when the Court exercises an active role as mediator.