Resolution No. 1/21
PM 754-20 - Members of the Guajajara and Awá Indigenous Peoples of the Araribóia Indigenous Land, Brazil

On January 4, 2021, the IACHR decided to grant precautionary measures in favor of the members of the Guajajara and Awá Indigenous Peoples in voluntary isolation, located in the Araribóia Indigenous Land. According to the request, the persons proposed as beneficiaries are at risk in the context of the COVID-19 pandemic, particularly considering their particular situation of vulnerability, lack of health care, and the presence of unauthorized third parties in their territory. Therefore, in accordance with Article 25 of the Rules of Procedure, the IACHR requested that Brazil:

1. adopt the necessary measures to protect the rights to health, life, and personal integrity of the members of the Guajajara and Awá Indigenous Peoples of the Araribóia Indigenous Land, while implementing, from a culturally appropriate perspective, preventive measures against the spread of COVID-19, and providing them with adequate medical care in conditions of availability, accessibility, acceptability, and quality, in accordance with applicable international standards;
2. agree on the measures to be adopted with the beneficiaries and their representatives; and
3. report on the actions implemented to investigate the incidents that led to the adoption of this precautionary measure so as to prevent such incidents from reoccurring.

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Resolution No. 94/20
PM 679-20 - Munduruku Indigenous People, Brazil

On December 11, 2020, the IACHR decided to grant precautionary measures to members of the Muduruku Indigenous People. The applicants alleged that the beneficiaries are at risk in the context of the COVID-19 pandemic, especially given their particular vulnerability, health care failures and the presence of unauthorized third parties in their territory. Upon analyzing the allegations of fact and law provided by the applicants, the IACHR considered, based on the applicable prima facie standard, that the members of the Munduruku Indigenous People are in a serious and urgent situation, given that their rights face a risk of irreparable harm. Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR requested that Brazil adopt the necessary measures to protect the rights to health, life and personal integrity of the members of the Munduruku Indigenous People, implementing, from a culturally appropriate perspective, measures to prevent the spread of COVID-19, as well as providing them with adequate medical care in terms of availability, accessibility, acceptability and quality, in accordance with applicable international standards; agree on the measures to be adopted with the beneficiaries and their representatives; and report on the actions implemented to investigate the facts that gave rise to the adoption of this precautionary measure and thus avoid its repetition.

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Resolution No. 35/20
PM 563-20 - Members of the Yanomami and Ye'kwana Indigenous Peoples, Brazil

On July 17, 2020, the IACHR decided to grant precautionary measures to members of the Yanomami and Ye'kwana Indigenous Peoples in Brazil. The request for precautionary measures sustains that the population of the Yanomami Indigenous Land is at particular risk in view of the COVID-19 pandemic, considering their immune vulnerability, faults in the health system for this population, illegal presence of third parties in their territory, mercury contamination, and acts of violence against indigenous leaders. Upon analyzing the arguments of fact and law submitted, the IACHR considered that, from the applicable prima facie standard, the members of the Yanomami and Ye'kwana Indigenous Peoples are in a serious and urgent situation, given that their rights are at risk of irreparable harm. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requested that Brazil:

1. adopt the necessary measures to protect the rights to health, life and personal integrity of the members of the Yanomami and Ye'kwana Indigenous Peoples, implementing, from an adequate intercultural approach, prevention measures against the spread of COVID-19, as well as providing adequate medical care in terms of availability, accessibility, acceptability and quality, in accordance with the applicable international standards;
2. consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and (
3. report on the actions taken in order to investigate the alleged facts that gave rise to the adoption of this resolution, so as to prevent such incidents from reoccurring.

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