52 of elderly individuals, who are mainly in charge of oral cultural transmission.175 VII PRIOR CONSIDERATIONS 51. In view of the fact that the instant case addresses the rights of the members of an indigenous Community, the Court deems it appropriate to recall that, pursuant to Articles 24 (Right to Equal Protection) and 1(1) (Obligation to Respect Rights) of the American Convention, the States must ensure, on an equal basis, full exercise and enjoyment of the rights of these individuals who are not subject to their jurisdiction. However, it is necessary to emphasize that to effectively ensure those rights, when they interpret and apply their domestic legislation, the States must take into account the specific characteristics that differentiate the members of the indigenous peoples from the general population and that constitute their cultural identity. The Court must apply that same reasoning, as it will do in the instant case, to assess the scope and content of the Articles of the American Convention, which the Commission and the representatives allege were breached by the State. VIII VIOLATION OF ARTICLES 8 AND 25 OF THE AMERICAN CONVENTION (RIGHT TO FAIR TRIAL AND JUDICIAL PROTECTION) IN COMBINATION WITH ARTICLES 1(1) AND 2 OF THAT SAME CONVENTION Pleadings of the Commission 52. As regards Articles 8 and 25 of the American Convention, the Commission alleged that: a) in light of Articles 25 and 8(1) of the American Convention, as well as of the provisions of ILO Convention No. 169, ratified by Paraguay on August 10, 1993, the State has the obligation to provide the Yakye Axa Indigenous Community with an effective remedy for their territorial claim, to ensure that the Community is heard with due guarantees, and to establish a reasonable term to ensure the rights and obligations under its jurisdiction; b) non-existence of an effective remedy against the violations of basic rights recognized by the Convention constitutes in itself an abridgment of this treaty by the State Party in which there is such a situation; c) in 1993 the Yakye Axa Indigenous Community began the procedure to recover the ancestral territory that it claims; however, to date there has been no definitive and satisfactory solution to that claim. As part of said procedure, the Community fulfilled the requirements imposed by Paraguay for recognition of its leaders and to obtain legal status, waited for them and filed 175 See testimony of Esteban López rendered before the Inter-American Court during the public hearing held on March 4, 2005; testimony of Tomás Galeano rendered before the Inter-American Court during the public hearing held on March 4, 2005; testimony of Inocencia Gómez rendered before the Inter-American Court during the public hearing held on March 4, 2005, and statement by Albino Fernández rendered before a notary public on February 10, 2005 (file on the merits, reparations, and costs, Volume III, volume 637).