Order of the
Inter-American Court of Human Rights*
February 8, 2008
Sawhoyamaxa Indigenous Community v. Paraguay
(Monitoring Compliance with Judgment)

HAVING SEEN:
1.
The judgment on merits, reparations and costs delivered by the InterAmerican Court of Human Rights (hereinafter “the Court” or “the Inter-American
Court”) of March 29, 2006, in which it ordered, inter alia, that:
6.
The State shall adopt all legislative, administrative and other measures necessary to
formally and physically deliver to the members of the Sawhoyamaxa Community their
traditional lands, within three years[…].
7.

The State shall establish a community development fund[…].

8.
The State shall pay compensation for non-pecuniary damage, costs and expenses
within one year of notification of th[e] Judgment[…].
9.
As long as the members of the Sawhoyamaxa Indigenous Community remain
landless, the State shall deliver to them the basic supplies and services necessary for their
subsistence[…].
10.
Within six months of notification of th[e] Judgment, the State shall set up in the
Santa Elisa and Kilometer 16 settlements of the Sawhoyamaxa Community a communication
system enabling victims to contact the competent health authorities in case of
emergencies[…].
11.
The State shall implement a registration and documentation program within one year
of notification of th[e] Judgment[…].
12.
The State shall adopt within its domestic laws and within a reasonable time the
legislative, administrative or other measures necessary to establish a mechanism to reclaim
the ancestral lands of the members of indigenous communities, that guarantees their rights
over their traditional lands[…].
13.
The State shall comply with the publications specified in paragraph 236 of th[e]
Judgment within one year of notification of th[e] Judgment. Similarly, the State shall finance
the radio broadcasting of the […] Judgment[…].

2.

The Order of the Inter-American Court issued on February 2, 2007.

3.
The Order of the President of the Court of December 14, 2007, in which he
decided, inter alia, to convene the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”), the
representatives of the victims (hereinafter “the representatives”) and the State of
Paraguay (hereinafter “the State” or “Paraguay”) to a private hearing to be held at
the seat of the Court on February 4, 2008, from 5 p.m. to 6.30 p.m., for the Court to
obtain information from the State on compliance with the judgment on merits,
reparations and costs (hereinafter “the Judgment”) delivered in this case, and hear
the corresponding observations of the Commission and the representatives.

*

Judge Manuel E. Ventura Robles advised the Court that, for to reasons beyond his control, he
would be unable to take part in the deliberation and signature of this Order.

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