11
free to the Community within a maximum period of three years as from the date of
notification of the Judgment on the merits.
33.
In turn, paragraph 218 of the Judgment on the merits provides that, in order
to comply with the foregoing,
The State, if necessary, should create a fund to be exclusively allocated to the acquisition
of the lands to be given to the Yakye Axa Community, within a maximum period of one
year as from the date of notification of the […] Judgment, and which will be used either
for the acquisition of the land from private owners or for the payment of a fair
compensation to the injured parties in case of condemnation, as the case may be.
34.
From the foregoing it is therefore inferred that the State has a number of
obligations which conclude with the definite transfer of the traditional lands to the
Yakye Axa Community. These State obligations, due to the very nature of the
internal processing, are fulfilled sequentially: first, the territory of the Community
should be identified, which, in turn, implies establishing borders and boundaries, as
well as its size. Once the identification of the territory and the borders thereof has
been completed, if such territory belongs to a private owner, the State should start
the acquisition process or consider the convenience of condemning it, in accordance
with paras. 217 and 218 of the Judgment on the merits. Should there be objective
and well-founded reasons that prevent the State from returning back the territory
identified as one the traditional territory of the Community, it should give the
Community an alternative territories, which will be chosen upon the basis of a
mutual agreement. Finally, whether the lands are condemned or chosen upon the
basis of a mutual agreement, the State should issue the title deeds and transfer
them to the Community both materially and formally. All these steps should be taken
within a maximum period of three years.
35.
In turn, if the territories belong to a private owner, the period of one year
allowed for the creation of a fund to be allocated to the acquisition or condemnation
thereof aims at securing the availability of sufficient funds by the State to acquire
such lands, and thus, comply with the other obligations referred to in the foregoing
paragraph.
36.
It is to be desired that the State should identify the traditional territory of the
Community before the creation of the Fund, so that the allocation of the money
necessary for acquisition or eventual condemnation thereof be budgeted.
Notwithstanding, if this were not possible, the State, pursuant to the Judgment on
the merits, should create the Fund which will provide the money in any case, and set
a sum which allows ensuring that the acquisition or condemnation process is not
affected by the insufficiency of funds.
37.
Pursuant to the foregoing, the Court has determined the meaning and scope
of what has been set forth in the eighth operative paragraph of the Judgment on the
merits.
VIII
OPERATIVE PARAGRAPHS
38.
Therefore,