98 215. It is not for the Court to define the traditional territory of the Yakye Axa Indigenous Community, but rather to establish whether the State has respected and guaranteed its members’ right to communal property, and it has done so in the instant Judgment (supra paras. 123 to 156). Therefore, the State must delimit, demarcate, grant title deed and transfer the land, pursuant to paragraphs 137 to 154 of the instant Judgment. 216. For this, it is necessary to consider that the victims of the instant case have to date an awareness of an exclusive common history; they are the sedentary expression of one of the bands of the Chanawatsan indigenous peoples, of the Lengua-Maskoy linguistic family, whose traditional form of occupation was as huntergatherers (supra paras. 50.1, 50.2 and 50.3). Possession of their traditional territory is indelibly recorded in their historical memory, and their relationship with the land is such that severing that tie entails the certain risk of an irreparable ethnic and cultural loss, with the ensuing loss of diversity. In the process of sedentarization, the Yakye Axa Community took on an identity of its own that is connected to a physically and culturally determined geographic space, which is a specific part of what was the vast Chanawatsan territory. 217. For the aforementioned reasons, the State must identify said traditional territory and give it to the Yakye Axa Community free of cost, within a maximum period of three years from the date of notification of the instant Judgment. If the traditional territory is in private hands, the State must assess the legality, necessity and proportionality of expropriation or non-expropriation of said lands to attain a legitimate objective in a democratic society, as set forth in paragraphs 144 to 154 of this Judgment. For this, it must take into account the specificities of the Yakye Axa Indigenous Community, as well as its values, practices, customs and customary law. If for objective and well-founded reasons the claim to ancestral territory of the members of the Yakye Axa Community is not possible, the State must grant them alternative land, chosen by means of a consensus with the community, in accordance with its own manner of consultation and decision-making, practices and customs. In either case, the area of land must be sufficient to ensure preservation and development of the Community’s own manner of live. 218. To comply with the requirement set forth in the previous paragraph, the State, if necessary, will establish a fund exclusively for the purchase of the land to be granted to the Yakye Axa Community, within a maximum period of one year from the date of notification of the instant Judgment, and that fund will be used either to purchase the land from private owners or to pay fair compensation to them in case of expropriation, as appropriate. b) Providing basic services and goods 219. The Commission and the representatives, in their main briefs, expressed the need to provide basic services to the members of the Yakye Axa Indigenous Community, including drinking water and sanitary infrastructure, a public health center and a school. They also mentioned the need for medical and educational services to be provided permanently to the members of the Community in a culturally pertinent manner, taking into account its customs and traditions. The State, in turn, pointed out that