Pacux settlement, where they currently reside.270 Consequently, the Court can exercise its competence over the presumed continuing displacement of the community, which, even though it began before the recognition of the Court’s contentious jurisdiction, constitutes a situation that presumably persists to this day.271 The Court will analyze this point next and will also determine whether the State has complied with its obligations regarding the return, resettlement and reintegration of the internally displaced people, taking into account the ethnic identity of the Río Negro community. B.2. Impossibility of the community of Río Negro returning to its ancestral lands 179. This Court has established that, following the massacres perpetrated against the community of Río Negro in 1980 and 1982, the survivors took refuge in the nearby mountains, in precarious conditions, in order to flee the systematic persecution of State agents aimed at their total elimination (supra para. 82). Moreover, given this situation, after 1983, some of these survivors were resettled in the Pacux settlement, where they were subjected to threats, torture, forced labor and other human rights violations (supra para. 83). The resettlement of the members of the Río Negro community continued after 1987, when the State recognized the Court’s contentious jurisdiction. 180. In this regard, the Court observes that the peace process that ended the internal armed conflict in Guatemala began in 1996 (supra para. 64); that is, almost 10 years after the recognition of the Court’s contentious jurisdiction and approximately 13 years after the resettlement of the members of the Río Negro community in Pacux started. In view of the violent events they survived and the extreme deprivation they suffered in the mountains, as well as the context of violence that persisted in Guatemala during those years, the Court considers that the members of the Río Negro community were unable to return to their ancestral lands during this period owing to the well-founded fear of being subjected to violations of their rights to life and personal integrity, among others. 181. Furthermore, the Court has established that the construction of the Chixoy dam on the ancestral land of the Río Negro community began in 1977, and that the reservoir began to be filled with water in January 1983 (supra para. 66). This made the return of the Río Negro community to part of their ancestral lands physically and permanently impossible. Therefore, the Court finds that, in this case, the freedom of movement and residence of the members of the Río Negro community resettled in Pacux has been limited to date by a de facto restriction. 182. Also, in relation to the arguments of the representatives regarding the prior administrative formalities that the members of the Río Negro community must apparently carry out in order to receive INDE authorization to enter their ancestral lands, as well as the arguments relating to the supposed difficulties they face to obtain transportation to these lands, the Court observes that these presumed facts were not alleged when the Commission submitted the case and, therefore, they are outside the factual framework of the case. Consequently, the Court will not refer to them. 270 Of 383 survivors of the massacres, according to information provided by the representatives, 289 still live in the Pacux settlement. 271 Cf. Case of the Moiwana Community v. Suriname, supra, para. 108. 68