8
28.
That the representatives maintained that “[a]lthough the management
committee […] has already been formed and held a few meetings to discuss possible
development projects, the State continues to condition compliance with this
operative paragraph to obtaining land.” In addition, they indicated that “there is no
evidence to confirm the opening of an account[…]; this account does not appear in
the records of the Central Bank[, nor] is there any evidence whether the amounts
indicated in the decree […] have really been separated and destined to the purpose
indicated.”
29.
That the Commission indicated that the State has not submitted sufficient
information on this aspect.
30.
That the Court considers that is does not have sufficient evidence to establish
whether this aspect has been complied with; consequently it requires more
information from the State.
*
*
*
31.
That, regarding the adoption of such domestic legislative, administrative and
other steps as may be necessary to guarantee effective exercise of the right to
property of the members of the indigenous peoples (tenth operative paragraph of the
Judgment), the State has not presented any information to the Court.
32.
That the representatives indicated that “[n]o measures have been taken to
obtain approval for the appropriate legislation […] and, to date, the State has not
promoted a draft law designed to comply with this aspect of the Judgment”.
33.
That the Commission expressed its “concern owing to the lack of pertinent
information.”
34.
That the State must submit information on this aspect which is pending
compliance.
*
*
*
35.
That, regarding the public act acknowledging the State’s responsibility
(eleventh operative paragraph of the Judgment), the State reported that this was
carried out on August 10, 2006, in the place where the Community resides.
36.
That the representatives stated that “the act complied with its purpose of
providing symbolic reparation, because the Community accepted the State’s
declaration and played an important role in the act, according to its customs.”
Nevertheless, they indicated that “senior State authorities did not attend the act.”
However, they “considered that this point had been complied with.”
37.
That the Commission considered that “the State has complied with this
obligation.”
38.
That, from the information provided, the Court considers that the State has
complied fully with this aspect of the Judgment.
*
*
*
39.
That, regarding the publication and radio broadcast of the Judgment (twelfth
operative paragraph of the Judgment), the State reported that it had published the