IACHR files application before Inter-American Court of Human Rights in case concerning Muy Muy indigenous people in Nicaragua

January 27, 2025

Washington, DC – The Inter-American Commission on Human Rights (IACHR) filed on December 27, 2024, an application before the Inter-American Court of Human Rights in Case 13,660, with regard to Nicaragua. This case concerns violations of the rights of the Muy Muy indigenous people, and especially those of its Uluse community.

The Muy Muy indigenous people (also known by its Spanish acronym PIMM) in Matagalpa consists of 12,000 individuals who are economically active in cattle raising, farming, and milk production. They are traditionally ruled by a board, a council of elders, and the mayor of Vara, who are expected to defend the interests of the community.

However, since 2003, municipal authorities have been imposing local leaders, denying the PIMM its right to elect its own representatives. This in turn has caused land use disputes, along with duplicate responsibilities and an increase in violence, including some serious incidents like the murder of Bayardo Alvarado Gómez and attacks against Dionisio López, Adolfo Maradiaga Rodríguez, and the PIMM secretary general. Further, there have been instances of arson, illegal construction, and restrictions in access to water.

In Admissibility and Merits Report 89/24, the IACHR found that the PIMM had been prevented from electing its own traditional authorities because municipal authorities had been imposed and because parallel councils had been set up. The IACHR found that this had caused territorial disputes. Further, the State failed to ensure an appropriate consultation process before handing out to third parties deeds for indigenous land. This entailed violations of the rights to self-determination, property, and prior consultation and made it impossible for the Muy Muy to peacefully enjoy their natural resources and subsistence livelihoods, as well as increasing violence.

The IACHR also noted that the State had failed to enable effective legal remedies to protect the rights of the PIMM, which disproportionately affected this indigenous people's access to land and natural resources. The IACHR noted that the State was responsible for failing to prevent the murder of Bayardo Alvarado Gómez in 2013 and for subsequently failing to conduct an adequate investigation to identify and punish its perpetrators and masterminds.

The IACHR concluded that the State of Nicaragua had violated several rights held in the American Convention on Human Rights (in accordance with the general obligations established in Articles 1.1 and 2). These include political rights (Article 23) and the rights to private property (Article 21) and freedom of thought and expression (Article 13), as well as the rights to live dignified lives and to enjoy personal integrity and progressive development (Articles 4, 5, and 26). The IACHR further found that the State of Nicaragua had violated rights linked to self-determination, prior consultation concerning land, and due process (Articles 8.1, 24, and 25.1), as well as failing to prevent the murder of Bayardo Alvarado Gómez (Articles 4, 8.1, and 25.1).

The Commission therefore asked the Inter-American Court of Human Rights to demand that the State take the following measures:

1. Delimitate and demarcate the Muy Muy indigenous people's land and territory, and grant them the applicable collective registrable deed to ensure their full ownership
2. Conduct thorough investigations into acts of violence (including the killing of Bayardo Alvarado Gómez), and identify and punish the individuals responsible for it based on the applicable international standards
3. Provide individual and collective redress for the harm caused by moves to impose authorities on the Muy Muy, as well as by land invasions and other forms of violence
4. Take action to prevent future abuse, including the following:
   1. Respect the rights of indigenous peoples to freely elect their authorities and to adopt their preferred self-management systems
   2. Ensure access to justice for indigenous peoples, respecting human rights and guaranteeing timely proceedings
   3. Enable accessible remedies to protect the rights of indigenous peoples
   4. Develop effective titling mechanisms to protect ancestral territories
   5. Ensure prior consultation with the PIMM, in keeping with Agreement 169

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. 024/25

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