IACHR extends precautionary measures to members of the Pataxó Hã-Hã-Hãe Indigenous People in Brazil

June 11, 2024

Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) issued Resolution 38/2024 on June 3, 2024, in which it extended precautionary measures granted to members of the Pataxó Indigenous People of the Barra Velha and Comexatibá Indigenous Lands to members of the Pataxó Hã-Hã-Hãe Indigenous People, all from the south of the state of Bahia in Brazil, considering that they are in a serious and urgent situation, since their rights to life and personal integrity are at risk of suffering irreparable harm.

The request alleged that the beneficiaries were suffering episodes of violence and threats due to disputes over the definition of their territory, as well as the presence of organized crime groups in them. They reported that between December 2023 and March 2024 there was an escalation of violence, with threats, armed sieges and the murder of Cacique Lucas Kariri-Sapuyá on December 21, 2023, and Majé Nega Pataxó Hã-Hã-Hãe on January 21, 2024.

The state reported on a field mission carried out by the Ministry of Indigenous Peoples in January 2024; it referred to the implementation of the Integrated Action Plan to Combat Violence against Traditional Peoples and Communities and the Integrated Force to Combat Common Crimes involving Traditional Peoples and Communities, as well as the holding of inter-institutional meetings; visits by high-ranking state authorities to the affected region; among others. It also reported on the identification of the people suspected of the murder of Majé Nega Pataxó Hã-Hã-Hãe and informed of the investigative steps underway, such as taking testimonies and handling evidence.

The Commission, while appreciating the steps taken by the State, noted that these have not been sufficient to mitigate the situation posing a risk for the identified members of the Pataxó Hã-Hã-Hãe People. In this regard, the IACHR observed the following: 1. damage already done to life and personal integrity; 2. permanent or constant threats; 3. the departure of proposed beneficiaries from their communities, with their return restricted or prevented due to the threats and violence and their differentiated impact on the social fabric of the Indigenous People; 4. the participation of state agents in the acts of risk identified; and 5. limited progress in the investigation.

Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR asked Brazil to:

1. adopt the necessary and culturally appropriate measures to protect the life and personal integrity of the members of the Pataxó Hã-Hã-Hãe Indigenous People, including from acts perpetrated by third parties. These measures should allow the leaders of the Pataxó Hã-Hã-Hãe Indigenous People to continue carrying out their work in defense of human rights, as well as guarantee that the beneficiaries can return to their villages without being subjected to threats, intimidation or acts of violence;
2. consult and agree upon the measures to be implemented with the beneficiaries and their representatives; and
3. report on the actions taken to investigate the facts that gave rise to this precautionary measure, so as to prevent them from reoccurring.

The granting of precautionary measures and their adoption by the State does not constitute a prejudgment of a possible petition before the inter-American system alleging violations of the rights protected in the American Convention and other applicable instruments.

The IACHR is a principal and autonomous organ of the Organization of American States (OAS), whose mandate derives 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 in this regard. 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. 134/24

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