4
of the members of the Community continues to be at risk[,] and their children
continue to die and to suffer from malnutrition, and have no future owing to this
malnutrition, the Commission […] requested the State, and asked the Court to
require the State to comply by granting the land [within the time allotted by the
Court].”
11.
That the Court notes that the time granted to the State to comply with the
order of the Court to deliver their ancestral lands to the members of the Community
would soon expire and that, according to the information provided by the parties,
little progress had been made. That the State itself had acknowledged during the
private hearing that the delivery of the lands was a “fundamental issue on which the
satisfactory implementation of and compliance with the other aspects of the
Judgment depended.” The State also acknowledged that the establishment of health
centers and the construction of a water supply system and sewers could not be
carried out in the Community’s actual settlement beside a public road, but rather on
the lands to be delivered to the Community. Consequently, the State should be
requested to adopt the necessary measures to comply with this obligation within the
allotted time.
*
*
*
12.
That, as regards the provision of the basic goods and services required for the
subsistence of the members of the Community (seventh operative paragraph of the
Judgment), in notes from the Secretariat of the Court (hereinafter “the Secretariat”)
dated September 18, 2006, and April 25 and August 23, 2007, the State was
informed, inter alia, that:
(a)
[…] It should present specific information that would allow the Court to distinguish
the goods and services delivered to the members of the Yakye Axa Community from those
delivered to other communities. [The] Secretariat stressed that the reports presented by the
State concerning this operative paragraph had not been either systematic or detailed; it had
merely attached some official letters and communications between national authorities,
without providing a comprehensive description of each action taken, which made it difficult
for the Court to monitor each of the State’s obligations. In this regard, the Secretariat
repeated to the State that […] it should provide information:
i)
On the delivery of potable water: (1) the schedule of deliveries; (2) the
method used the make the deliveries and to ensure that the water remains potable;
(3) the amount delivered per person and/or per family, and (4) the method used by
the State to determine the amount to be delivered;
ii)
Regarding the regular medical care and the delivery of medicine: (11) the
number of people attended and, if applicable, whether anyone was hospitalized; (2)
progress in the deparasitation process, and (3) progress in the vaccination process;
iii)
Regarding the delivery of food: (1) the delivery schedule; (2) the amount
of food delivered per person and/or per family, and (3) the criteria used by the
State to determine the type and amount of food to be delivered, and the delivery
schedule;
iv)
Regarding the effective and safe management of biological waste: the type
of latrines to be delivered and the quantity:
v)
Regarding the bilingual material to be delivered to the Community’s school:
the type and amount of material for each student […].