8 Community according to the number of members it consists of, pursuant to the Paraguayan Constitution,” and d) “we are taking steps towards obtaining [...] the indigenous community’s acquiescence in the purchase of an estate within the same territory.” Considerations of the Court 21. The Court considers that the scope of the ruling in the Judgment on the merits is clear as to the transfer of ancestral lands to the Yakye Axa Community. However, in order to clear the representatives’ doubts about this issue, the Court deems it convenient to establish the meaning of the sixth operative paragraph of the Judgment on the merits, whereunder the State must identify the ancestral territory of the members of said Community and convey such lands to them for no consideration. 22. The provisions in the sixth operative paragraph of the Judgment on the merits must be construed in the light of the Court’s considerations included in other sections of the judgment, such as paragraphs 50(4) to 50(6), 137 to 154, and 211 to 217. In particular, paragraph 215 of the Judgment states that it is not competent to determine the ancestral territory of the Yakye Axa Community, but it is within its powers to establish whether the State has respected and protected the right to the community property of its members, as it has done in the [...] Judgment […]. For this reason, it is the State’s duty to delimit, demarcate, title and transfer the lands pursuant to paragraphs 137 to 154 of the […] Judgment. 23. Thus, the Inter-American Court has clearly established that it is the State’s duty to identify the Community’s territory and subsequently delimit, demarcate, title and transfer the lands, inasmuch as it is the State who has the technical and scientific means to carry out these tasks. However, as follows from the “Proven Facts” section of the Judgment on the merits, certain procedural steps have already been taken before the competent governmental entities to that end, which certainly must be taken into account by the State in identifying and measuring the lands to be transferred to the Yakye Axa Community. Likewise, the Court has recognized in paragraph 216 of the Judgment on the merits, that “possession [of] the ancestral territory is engraved in [the] historical memory [of the members of the Yakye Axa Community],” and throughout its process of sedentarization, the Community “adopted a particular identity, associated with a physically and culturally determined geographical area.” Such historical memory and particular identity must be especially considered in identifying the land to be transferred to them. 24. In addition, as follows from the Judgment on the merits issued in the instant case, the Court has allowed for the possibility that, after carrying out the necessary steps, the competent governmental authorities establish that the Yakye Axa Community’s ancestral lands correspond to all or part of one or more private properties. In effect, in such a case, paragraph 217 of the Judgment on the merits sets forth that the State “must assess the legitimacy, necessity and proportionality of the condemnation of the territories with the aim of achieving a legitimate goal in a democratic society,” and to that end “it must take into account the Yakye Axa indigenous community’s individual characteristics, values, customs and customary law.”