95 Pleadings of the Commission 207. The Commission asked the Court to order the State to implement the following measures, by mutual agreement with the Yakye Axa Community: a) to give the Yakye Axa Community a title deed, free of cost, to the land they claim as their traditional habitat or ancestral territory. Said land must be equipped with the basic services as well as education and public health services to enable the Community to develop a decent life in accordance with its own cultural rules; b) to protect the land claimed by the Community to ensure that its natural resources, and especially its forests, are not destroyed, and that their traditional subsistence activities are not affected; c) to adopt domestic legal provisions to ensure the rights recognized by Paraguayan legislation for the indigenous peoples. The State must, especially, establish an effective recourse for the indigenous peoples of Paraguay to have access to their traditional habitat, in accordance with the rights recognized for them by domestic legislation, and d) to carry out, by means of a symbolic act previously agreed upon with the alleged victims and their representatives, a public acknowledgment of its international responsibility for human rights violations against the Yakye Axa Community and its members. Pleadings of the representatives 208. The representatives endorsed in totum the claims regarding reparations made by the Commission in its application, and pointed out that: a) the State must give the Yakye Axa Community its ancestral land and its own territory and habitat, which will allow its members to have access to decent living conditions and to maintain and pass on to future generations an identity, a culture, and a manner of life. This will redress the long years of waiting and suffering by the members of the Community since the time when they and their leaders decided to return to their land; b) return of the ancestral land must include granting the Community the appropriate title deed to guarantee their right to communal ownership of that land, with the minimum area required to ensure preservation and development of their manner of life. Respecting the will of the members of the Community, the minimum area would be the 18,189 hectares that constitute the territory of Yakye Axa, known today as “Estancia Loma Verde”; c) the land claimed and its natural resources must be protected until the land is effectively turned over to the Community; d) the State must establish a fund for payment of the ancestral lands of the Community, based on the average market value of the land in the area claimed, based on the minimum area claimed;

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