frequency with which the deliveries should be made; (3) the amount of food
to be supplied per person and/or family.
d) Regarding the effective and hygienic management of biological waste: the
type and number of latrines to be provided, and
e) Regarding the supply of materials and human resources to the Community’s
school: (1) the physical and human resources that the school needs to
guarantee an adequate bilingual education; (2) the materials that each
student needs for an adequate education, and (3) the inputs that the
school’s teachers require in order to give their classes.
304. To prepare the study mentioned in the preceding paragraph, the experts in
charge of it must have the specific technical knowledge required for each task. In
addition, the experts must always include the point of view of the members of the
Community, expressed in keeping with their decision-making practices. This study
could be prepared by the Inter-institutional Commission (CICSI).308
305. When the State forwards the report to the Court, it will be forwarded to the
Commission and the representatives so that they can submit any observations they
deem pertinent. Taking the opinions of the parties into account, the Court may order
the State to require its experts to complete or expand the study. From then on, the
State must adapt the delivery of basic supplies and services to the members of the
Community, ordered in paragraph 301, to the conclusions reached by the experts in
their report.
306. Lastly, given the difficulties that the members of the Community have to access
health clinics (supra para. 208), the State must establish, in the place where the
Community is temporarily located, namely, “25 de Febrero,” a permanent health clinic
with the necessary medicines and supplies to provide adequate health care. To do this,
the State has six months as of notification of this judgment. In addition, it must
establish immediately a system of communication in the said settlement that allows
the victims to contact the competent health-care authorities for attention to
emergency cases. If necessary, the State must provide transportation for the
individuals who require this. Subsequently, the State must ensure that the health clinic
and the communication system are moved to the place where the Community settles
permanently.
5.
Guarantees of non-repetition
5.1. Implementation of registration and documentation
programs
307. The representatives and the Commission asked that a system be implemented
to make it possible to register births and issue identity cards to the Community’s
children “without having to travel to the capital.” The State provided information on
the work that had been carried out in the Community in relation to the registration of
births and the issue of identity cards and ethnic identity cards to its members (supra
para. 247).
308
Cf. Decree No. 1,595 of February 26, 2009, “creating and appointing the members of the Interinstitutional Commission responsible for implementing the necessary measures to Comply with the
International Judgments (CICSI) delivered by the Inter-American Court of Human Rights and the
recommendations issued by the Inter-American Commission on Human Rights” (attachments to the answer
to the application, attachment 5(5), tome VIII, folios 3591 to 3595).
70
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