IACHR Publishes Merit Report on the Akawaio Indigenous Community of Isseneru Case in Guyana.

June 14, 2024

Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) published Report No. 8/24 issued on April 24th, 2024, addressing human rights violations against the Akawaio Indigenous Community of Isseneru in Guyana.

Isseneru is an indigenous community, belonging to the Akawaio indigenous people, located in western Guyana. In their petition presented before the IACHR on September 5th, 2013 it was alleged that the community’s rights were violated due to the State’s failure to adequately recognize, respect and protect the community’s territorial rights, its granting of mining permits in the community’s ancestral lands without prior consultation or consent, its lack of protection of the community from the negative impacts of mining, and its failure to provide with effective judicial remedies to counter the violations of their rights.

After analyzing the arguments of the petitioners and the State and based on determinations of fact and law, on December 21, 2021, the IACHR approved Admissibility and Merits Report No. 399/21. The report concluded that the State of Guyana is responsible for the violation of the community’s rights to equality before the law, health, justice, participation, collective territorial property, and due process, enshrined in Articles II, VII, XI, XVIII, XX, XXIII, XXVI, of the American Declaration.

The Commission analyzed the provisions of the Amerindian Act related to titling of ancestral indigenous territories. It declared, among other aspects, that the Acts fails to recognize the pre-existence of indigenous territorial rights, instead treating them as grants of State lands. The Commission found a differential degree of protection granted to indigenous property, compared to the legal protection received by private non-indigenous property.

The IACHR also analyzed the provisions of Guyana’s Mining Act and declared that it fails to properly incorporate the human rights guarantee of prior consultation for mining projects; and incorporated insufficient guarantees for the communities’ right to participate in the benefits of extractive operations in indigenous territories. It found a violation to the right to indigenous collective territorial property, and the interconnected rights to health, food, water, a healthy environment, and cultural integrity, insofar as the provisions of this Act deny indigenous communities the right to free and informed consent in cases of large-scale mining projects that threaten their survival.

The Commission declared that Guyana failed to act promptly in response to the severe environmental degradation and destruction caused by mining operations. Regarding the pollution of rivers and creeks with mercury, the IACHR found that the rights of especially vulnerable populations such as children, pregnant women and elderly persons were violated. In addition, the IACHR found that the State violated the right to health by not guaranteeing access to adequate and culturally acceptable healthcare for those persons affected by mercury contamination and other forms of pollution.

In its report, the Commission recommended that Guyana adopt the necessary measures to ensure that the community and its members receive full reparations; amend its legislation to ensure that it is in harmony with the American Declaration; and adopt any measures necessary to support them in fulfilling their duty to preserve and protect the environment.

On April 20, 2022, the IACHR notified the report No. 399/21, allowing two months for the State to inform the Commission about the measures adopted to comply with its recommendations. After receiving a response from the State in relation to the processing and decision of the case, the IACHR granted a three-month extension requested by the State. The Commission did not receive an additional response from the State regarding compliance.

On December 6, 2023, in accordance with Article 47 of its Rules of Procedure, the Commission notified the final Report No. 297/23 to the State, issuing its final conclusions and recommendations. The State was given a deadline of one month to inform of the measures adopted. On January 10, 2024, the State requested a three month extension to submit its response. On February 1, 2024, the IACHR granted a three-week extension.

Once the granted extension concluded, without receiving a response from the State, the Commission approved Report 8/24 on April 24, 2024, and decided to make it public and include it in its Annual Report to the Organization of American States (OAS) General Assembly.

The IACHR will continue to request information from the State to assess compliance with the recommendations in this report until they are fully implemented. To learn more about the Commission's decision, please click on the following link for the Report No. 8/24.

The IACHR is a principal and autonomous body of the OAS, whose mandate derives from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote for the observance and defense for human rights in the region and acts as an advisory body to the OAS in this regard. The IACHR is composed of seven independent members who are elected by the OAS General Assembly in their personal capacity and do not represent their countries of origin or residence.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 140/24

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