9 25. The Court likewise anticipated that “[i]f, for objective and justified reasons, it is not possible to recover the ancestral territories of the members of the Yakye Axa Community, the State must convey them an alternative territories, to be selected in consultation with the Community, in accordance to their own rules for consulting and deciding, values and customs.”5 In this regard, it must be noted that, pursuant to paragraphs 144–149 of the Judgment on the merits, the fact that the Community’s ancestral territories are currently in private hands, is not in and of itself an “objective and justified” reason to impede the recovery of lands. 26. Thus, the Court clearly establishes that the task of identifying the Yakye Axa Community’s ancestral lands is the responsibility of Paraguay. However, in carrying out such task, Paraguay must comply with the provisions in the Court’s judgment, giving careful consideration to the values, uses, customs and customary laws of the members of the Community, which bind them to an specific territory. In addition, as regards to the transfer of such territories, in the event that after identifying them it transpires that they are in private hands, the State must evaluate the convenience of condemning them, taking into account how particularly important they are for the Community. Finally, provided there are objective and justified reasons that prevent the State from claiming the territories identified as traditionally belonging to the Community, it must convey them alternative lands, which will be selected in consultation with the Community. In either case, according to paragraph 217 of the Judgment on the merits, “the extension of the lands must be large enough to support and develop the Community’s way of life.” 27. Pursuant to the foregoing, the Court has established the meaning and scope of the sixth operating paragraph of the Judgment on the merits. VII TIME PERIODS FOR THE IDENTIFICATION OF THE TERRITORY AND FOR THE CREATION OF A FUND TO PROVIDE THE FUNDS FOR THE ACQUISITION THEREOF (EIGHTH OPERATIVE PARAGRAPH OF THE JUDGMENT ON THE MERITS, REPARATIONS AND COSTS) Arguments of the representatives 28. Concerning the eighth operative paragraph of the Judgment on the merits, the representatives requested that the Court make clarifications regarding: a) “the basis to be considered for the budgetary estimate of the allocation of funds to the acquisition of or eventual compensation for the lands to be returned to the Yakye Axa [C]ommunity, since the time period to fulfill the 5 Case of the Indigenous Community Yakye Axa. Judgment of June 17, 2005. Series C No. 125, para. 217.