The Decision by the Inter-American Court of Human Rights on the Awas Tingni vs. Nicaragua Case (2001): The Implementation Gap

Abstract

In August 2001, the Inter-American Court of Human Rights reached a landmark and pioneering decision in the field of international indigenous peoples’ human rights law. However, the case did not end there, but entered a new phase for which neither the community nor their advisors were fully prepared: the implementation phase of the judgment. Our analysis has tried to shed light on the vicissitudes of this long, complex and as yet unfinished process, which is one of the most innovative aspects of this paper. This is particularly relevant given the absence of systematic studies on the implementation processes of judicial decisions made by international bodies (such as the Inter-American Court) from the perspective of the victims themselves, and of the stakeholders involved in the case.

Keywords

• International Law
• human rights
• indigenous peoples’ rights
• Inter-American Court of Human Rights
• Awas Tingni community