IPLP Settles Historic Inter-American Human Rights Case with the Rio Yaqui Pueblos and the State of Mexico
Indigenous Peoples Law and Policy Program
Indigenous Peoples Law and Policy Program
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Published Oct 14, 2024
On December 2, 2023, the Traditional Authorities of seven Rio Yaqui Pueblos, the Pascua Yaqui Tribe of Arizona, and the State of Mexico signed a landmark friendly settlement agreement regarding the Inter-American human rights case Tribu Yaqui v. Mexico (Caso #13.001).
The Inter-American Commission on Human Rights (IACHR) petition was filed by Professor James Hopkins in his role as counsel pro bono to the Rio Yaqui Pueblos of Sonora, Mexico. Following more than a decade of advocacy, Professor Hopkins began negotiations with Mexico in 2021. The agreement falls under IACHR’s friendly settlement mechanism, which provides Commission oversight and support in the implementation process.
Law students worked with Professor Hopkins through his Yaqui Human Rights Project clinic and they played an instrumental role in the passage of the friendly settlement agreement.
The landmark friendly settlement agreement parallels Mexico’s national reconciliation strategy under the publicized Yaqui Justice Plan. Implementation of the friendly settlement is expected to begin in late 2024. The terms of reference include Mexico’s Yaqui Justice Plan, and Professor Hopkins notes that the Plan refers to IACHR’s 2015 admissibility ruling in the Rio Yaqui human rights case as part of the legal basis for reconciliation. “The Yaqui Justice Plan referred to the findings in the 2015 IACHR decision as a foundation for Mexico’s international legal obligations to pursue reconciliation,” said Hopkins.
The IACHR petition involved a sweeping claim for loss of land and water by the Rio Yaqui Pueblos, as well as serious environmental harms, economic discrimination, and loss of culture. The Rio Yaqui Pueblos are the largest Indigenous group in the State of Sonora. They are the only Indigenous group to have a treaty with Mexico. The treaty, Decreto Cardenas 1937, guarantees the Rio Yaqui Pueblos their land and water rights across an area of more than 1,500 square miles and reserved half of the Rio Yaqui surface flow.
Under the administration of Mexican President Andres Manuel Lopez Obrador, in 2021, reconciliation for past injustices began with a national apology and the launch of a special Yaqui Justice Commission resulting in the Yaqui Justice Plan. The friendly settlement agreement affirms and protects the legal rights of the Rio Yaqui Pueblos to their territory, their surface and groundwater rights in the Rio Yaqui basin, and natural resources within the Yaqui territory.
The Rio Yaqui basin is the largest shared binational basin between Arizona and the State of Sonora and is home to a range of critical and endangered species including the Rio Yaqui catfish and the jaguar. This is the first binational friendly settlement agreement; the Pascua Yaqui Tribe of Arizona is also signatory.
“This is the largest Indigenous human rights settlement in Mexico, Latin America, and within the Inter-American human rights system. The parties see the agreement as a model for the reconciliation of Indigenous human rights throughout Mexico and the Americas. Reconciliation through prosperity, sustainable water management, and the implementation of essential capital infrastructure are central components of the settlement. All the parties are committed to working with stakeholders to ensure implementation and commit to drawing upon resources from Mexico, the United States, and Canada,” said Hopkins.
The Winding Road to the Landmark Friendly Settlement Agreement
The friendly settlement stems from more than a decade of advocacy work by Yaqui leaders, Yaqui community members, and Professor Hopkins. Since 2009 Hopkins has acted as counsel pro bono to the Traditional Authorities of the eight Rio Yaqui Pueblos, whose case was brought before the IACHR.
In 2015, IACHR ruled against Mexico, holding it abrogated a sweeping range of protected international human rights norms in their discriminatory treatment of the Yaquis. The IACHR case proceeded to a final decision, however, in 2021 the parties began informal negotiations with a view towards reconciliation. The negotiations coincided with a national reconciliation plan initiated by the Executive for the State of Mexico, the Yaqui Justice Plan.
Professor Hopkins and clinic students participated throughout the entire process. During the summer of 2023, Professor Hopkins worked with third year law student Sinnai Pedro in preparing the final settlement proceedings and document drafting. Sinnai also attended the signing of the settlement agreement.
Register Today for Tribal Courts and Indigenous Public Health Courses
Register today! 100% scholarship for Pascua Yaqui Tribe members and partial scholarships available for all. The next session of courses in the Pascua Yaqui Tribe – University of Arizona microcampus Professional Development Certificate in Tribal Courts and Justice Administration commence October 17, courses are offered fully online.
Starting on Friday, October 25, 2024, and offered in a hybrid format, this course will explore the foundations of Indigenous public health. Topics will include key public health issues affecting Indigenous communities, such as youth health, maternal health, caregiving, and cancer. The course will also cover Indigenous systems alignment, a growing practice in public health, as well as sovereignty and self-determination in relation to data through the lens of data for governance. Additionally, students will learn about program development based on community needs and assets.
Notes from the Field
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