10
although it is part of the State and has the same or greater responsibility than the
other bodies that are contributing in one way or another to compliance with the
Judgment.”
49.
That the Court recalls that the treaty obligation of the States Parties to
comply promptly with the Court’s decisions is binding on all the State’s powers and
organs.9
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in accordance
with Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on
Human Rights, 25(1) and 30 of its Statute, and 29(2) of its Rules of Procedure,
DECLARES:
1.
That, as decided in Considering paragraphs 35 to 38 of this Order, the State
has complied fully with the eleventh operative paragraph of the Judgment on merits,
reparations and costs, regarding the organization of a public act acknowledging its
responsibility.
2.
That, as indicated in Considering paragraphs 44 to 47 of this Order, the State
has complied partially with the thirteenth operative paragraph of the Judgment on
merits, reparations and costs, regarding the payment of the compensation and the
reimbursement of costs and expenses.
3.
That it will keep open the procedure to monitor compliance with the following
pending points:
(a)
The granting of the traditional territory to the members of the Yakye
Axa Indigenous Community (sixth operative paragraph of the Judgment);
(b)
The provision of the basic goods and services required for the
subsistence of the members of the Community (seventh operative paragraph
of the Judgment);
(c)
The establishment of a fund exclusively for the purchase of the lands
to be granted to the members of the Community (eighth operative paragraph
of the Judgment);
(d)
The implementation of a community development fund and program
(ninth operative paragraph of the Judgment);
(e)
The adoption of such domestic legislative, administrative and other
measures as may be necessary to guarantee the effective exercise of the
right to property of the members of the indigenous peoples (tenth operative
paragraph of the Judgment), and
Cf. Baena Ricardo et al. v. Panama. Competence, supra note 2, para. 60; Gómez Palomino v.
Peru. Compliance with judgment, supra note 4, seventh considering paragraph, and García Asto and
Ramírez Rojas v. Peru. Compliance with judgment, supra note 2, sixth considering paragraph.
9