establish a cultural center and museum. The representatives also indicated that the
development association was an imposed form of municipal organization.
331. The State rejected, in general, the claims submitted by the Commission and
the representatives.
332. Given that the State was found responsible for the violation of Articles 21 and
25 of the Convention, as well as the fact that the purpose of all the different measures
of reparation requested by the representatives is to develop and improve the
productivity of the community’s territory (supra para. 316), as it has in previous
cases, 345 the Court finds it appropriate to analyze the said measures in light of the
creation of a community development fund as compensation for the pecuniary and
non-pecuniary damage suffered by the members of the community. This fund is
additional to any other present or future benefit that may correspond to the Punta
Piedra community as a result of the general duty of the State to promote development.
333. In view of the measures of reparation requested by the Commission and the
representatives, the dispossession of its territory, the damage caused to the territory
and the fact that “[i]ndigenous peoples have a right to the conservation and protection
of the environment and the productive capacity of their lands or territories and
resources,” 346 the Court orders that the fund have the following objectives: (i) to
develop projects aimed at increasing agricultural or any other kind of productivity in
the community; (ii) to improve the community’s infrastructure based on its present
and future needs; (iii) to restore the deforested areas, and (iv) others that are
considered pertinent to benefit the Punta Piedra community.
334. The State must adopt all the necessary administrative, legislative, financial and
human resource measures to implement this fund. Therefore, within three months of
notification of this judgment, it must appoint an authority with the required
competence to administer the fund. For its part, the Punta Piedra community must
elect its representatives for the discussions with the State to ensure that the fund is
implemented in keeping with the community’s wishes.
335. The State must allocate the sum of US$1,500,000 (one million five hundred
thousand United States dollars) to this fund, to be invested for the benefit of the
territory titled to the Punta Piedra community within at most three years of notification
of this judgment.
336. Lastly, the Court establishes that the parties must forward the Court an annual
report during the execution period describing the projects in which the sum allocated
to the Fund will be invested.
D. Satisfaction: publication and broadcasting of the judgment
337. Neither the representatives nor the Commission or the State referred to this
measure of reparation.
and almond, and (ii) the creation of a shelter with all necessary infrastructure for cases of natural disasters
in the high area of the village, the location to be determined by the people of the community.
345
Cf. Case of the Yakye Axa Indigenous Community, supra, para. 205; and Case of the Xákmok
Kásek Indigenous Community, supra, para. 323.
346
Cf. Article 29(1) of the United Nations Declaration on the Rights of Indigenous Peoples of September
13, 2007.
93