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it also acquiesces to the request to establish a health post, a school, drinking water
supply and sanitary infrastructure for the Community, at the place where the State is
able to establish said services, as close as possible to a provisional settlement.
220.
The State added that
insofar as possible it acquiesces [to the request to provide] medical care and education
to the members of the Community, in accordance with existing educational and
healthcare plans of the State.
221. In view of the above, the Court orders that, as long as the Community
remains landless, given its special state of vulnerability and the impossibility of
resorting to its traditional subsistence mechanisms, the State must supply,
immediately and on a regular basis, sufficient drinking water for consumption and
personal hygiene of the members of the Community; it must provide regular medical
care and appropriate medicine to protect the health of all persons, especially
children, the elderly and pregnant women, including medicine and adequate
treatment for worming of all members of the Community; it must supply food in
quantities, variety and quality that are sufficient for the members of the Community
to have the minimum conditions for a decent life; it must provide latrines or any
other type of appropriate toilets for effective and healthy management of the
biological waste of the Community; and it must supply sufficient bilingual material
for appropriate education of the students at the school in the current settlement of
the Community.
c)
Adapting domestic legislation to the American Convention
222. In the instant case, the Court found that Paraguay violated Articles 8, 21 and
25 of the Convention in combination with Articles 1(1) and 2 of that same
Convention, for lack of effectiveness of national legislation to satisfy the territorial
rights of the victims, set forth in the Paraguayan Constitution.
223.
The State pointed out in this regard that
it is necessary for a new law to address the situation of the indigenous peoples whose
need for a land of their own also has the connotation of being necessary to develop their
specific manner of life.
224.
And the State added that
it also acquiesces to the request to implement legislation that includes an effective and
rapid recourse to elucidate situations of clashing rights, as in the case of the Yakye Axa
and other communities of the Enxet Lengua people, for which it will conduct
consultations with the direct beneficiaries, the indigenous peoples, pursuant to the
provisions of [ILO] Agreement [No.] 169, and once a consensus has been attained
regarding the bill, it will be processed before the Legislative […].
225. The Court deems it necessary for the State to guarantee effective exercise of
the rights set forth in its Constitution and in its legislation, pursuant to the American
Convention. Therefore, the State, within a reasonable term, must adopt in its
domestic legislation, pursuant to the provisions of Article 2 of the American
Convention, such legislative, administrative and any other measures as may be
necessary to create an effective mechanism for indigenous peoples’ claims to
ancestral lands, such that it makes their right to property effective, taking into
account their customary law, values, practices, and customs.
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