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e) the land claimed must be equipped with basic services, including drinking
water and sanitary infrastructure, a health post and a school. The State must
also provide permanent medical care and education to the members of the
Community, and
f) the State must establish mechanisms to effectively apply ILO Convention
No. 169 and Chapter V of the Paraguayan National Constitution, to satisfy the
claims of the indigenous peoples and ensure their rights to possession and
property of their ancestral lands.
Pleadings of the State
209. With regard to the other forms of reparation requested by the Commission
and the representatives, the State pointed out that:
a) it is willing to grant a title deed, free of cost, to the Yakye Axa
Community, in accordance with the Constitution and legislation in force, to
7,901 hectares within its delimited territory in the Paraguayan Chaco,
traditional habitat of the Enxet-Lengua People, subject to what national
legislation allows and without affecting the rights of third parties who justify
property rights and rational use, whether by means of a negotiated purchase
from the owners of said lands or by expropriation in accordance with domestic
legislation;
b) it agrees to establish a fund for the exclusive purpose of covering
payment of the land that will be granted to the Community, at the price
established by negotiation and customary conditions for land sales;
c) it acquiesced to the request to establish a health post, a school, drinking
water supply and sanitary infrastructure for the Indigenous Community, at
the place where the State is able to establish said services, as close as
possible to a provisional settlement, other than the location of the current
settlement alongside the road. It also acquiesced to the request to provide
medical care and education to the members of the Community, in accordance
with existing educational and healthcare plans;
d) domestic legislation regarding this subject matter can be improved, and it
therefore justifies a special provision to include an effective and rapid
recourse to elucidate the clash between the right to ancestral property and
the right of the current owners of the private property, and
e) it is willing to carry out a public acknowledgment, provided that the claim
made by the Yakye Axa Community is specified in terms of its content. The
symbolic act must be defined, if there is an agreement between the State and
the Yakye Axa Community, with regard to the acquiescence proposed. It
would also be possible to sign an agreement for a friendly settlement of the
instant case.
Considerations of the Court
210.
In this section, the Court will now establish measures of satisfaction to
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