III Inter-American System
| Published date | 01 December 2003 |
| Date | 01 December 2003 |
| DOI | 10.1177/016934410302100406 |
| Author | Diego Rodríguez-Pinzón |
| Subject Matter | Part B: Human Rights News |
III INTER-AMERICAN SYSTEM
DIEGO RODRI
´GUEZ-PINZO
´N
The following are recent cases decided by the Inter-American Commission
on Human Rights. First, we have included the case Mary and Carrie Dann vs
United States concerning the rights of indigenous communities in the United
States. This case raises interesting legal questions, specially regarding the
notion of ‘full informed and mutual consent’ on the part of the indigenous
communities as a pre-requirement to any measure or action by States that
may affect indigenous territories or lands.
The next two cases, Finca ‘La Exacta’ vs Guatemala, and Waldemar Gero
´nimo
Pinheiro and Jose
´Vı
´ctor Dos Santos vs Paraguay, are a sample of some of the
manifest human rights violations that still exist through the Americas. While
it has been argued that in recent years the Commission increasingly receives
cases that not necessarily involve violations of the most basic rights, we
continue to see practices in several States that reminds us that the most
fundamental rights are still under siege in the Americas. Persistent practices
such as police brutality, violent repression of social protest, judicial
corruption, among others, are threatening the weak democracies of the
region. However, we have not included cases from Colombia, as it is well
known that this country has, by far, the worst human rights situation of the
hemisphere.
1.
MARY AND CARRIE DANN
VS
UNITED STATES
, IACHR,
REPORT NO. 75/02, CASE 11.140 – DECISION ON
27 DECEMBER 2002
1.1. Facts/Background
On 2 April 1993, the Indian Law Resource Center (Petitioners) filed a
petition to the Inter-American Commission (Commission) on behalf of
Mary and Carrie Dann (Danns), against the United States. Petitioners allege
violations of Articles II, III, VI, XIV, XVIII, and XXIII of the American
Declaration.
Mary and Carrie Dann are members of the Western Shoshone aboriginal
people who reside on a ranch in Crescent Valley, Nevada. Petitioners
asserted that relations between the Western Shoshone and the United States
are governed by the 1863 Treaty of Ruby Valley, a peace treaty between the
parties. Petitioners claimed that the Danns have used and occupied the
lands in question since time immemorial and it is the sole means of their
Netherlands Quarterly of Human Rights, Vol. 21/4 (2003) 741
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