315. Based on the preceding considerations regarding the partial acknowledgment made by the State (supra paras. 43 to 49) and the violations of the American Convention declared in Chapter IX of this judgment, the Court will proceed to examine the arguments and recommendations presented by the Inter-American Commission, the claims of the victims’ representatives, and the arguments of the State, in light of the criteria established in its case law as regards the nature and scope of the obligation to make reparation, in order to establish measures designed to redress the harm caused to the victims. 333 316. The Court considers that, in this type of case, reparation must recognize the need to reinforce the cultural identity of indigenous and tribal peoples, guaranteeing control of their own institutions, cultures, traditions and territories, in order to contribute to their development in keeping with their life projects and their present and future needs. The Court also recognizes that the situation of indigenous peoples varies according to national and regional particularities and the different historical and cultural traditions. Consequently, the Court considers that the measures of reparation granted must provide effective mechanisms from an ethnic perspective that allow them to define their priorities as regards their development and evolution as a people. A. Injured Party 317. Pursuant to Article 63(1) of the Convention, the Court considers that the “injured party” is the person who has been declared the victim of the violation of any right recognized in the Convention. Therefore, this Court considers that the Punta Piedra Garifuna community and its members are the injured party and, individually, Félix Ordóñez Suazo, and as victims of the violations declared in Chapter IX they will be the beneficiaries of the reparations ordered by the Court below. B. Restitution 318. The Commission asked the Court to order the State to adopt, as soon as possible, the necessary measures to give effect to the right of the Punta Piedra Garifuna community and its members’ to communal ownership and possession of their ancestral territory. In particular, the State must adopt the legislative, administrative and other measures necessary to truly free it of encumbrances, in accordance with their customary law, values, practices and customs. It must also guarantee that the members of the community are able to continue leading their traditional way of life, in keeping with their distinctive cultural identity, social structure, economic system, customs, beliefs and traditions. 319. In its written final observations, the Commission considered that the State should: (1) adopt the necessary measures to identify, as soon as possible, the totality of the territory invaded; (2) provide the necessary human and financial resources to relocate the people of Rio Miel, consulting with them about all the other possibilities that will prevent or, at least, minimize the need to resort to violence, and (3) adopt the necessary measures to prevent violation of the rights to life and integrity during relocation, as well as establishing trusted channels of communication. In this regard, the Commission considered that the establishment of specific time frames for each of these stages of the judgment would significantly assist compliance and the definitive Cf. Case of Velásquez Rodríguez. reparations and costs, supra, paras. 25 and 26, and Case of Gonzales Lluy et al., supra, para. 344. 333 89

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