9
meeting, it was indicated, "by the representative of the FOGUAVI, that of 208 case
files that were analyzed, […] a total of 203 case files were approved for the housing
subsidy.” The housing issue “was brought to the attention of the beneficiaries[,] who
gave their opinions in this respect through the leaders of Plan de Sanchez.” To this
end, they indicated that the representative of Plan de Sanchez[,] Benjamin Manuel
Jeronimo, state[d], on behalf of the community he represents, that the size of the
houses set to be built does not suffice for the number of community members […].
Families of 8 to 10 people are unlikely to be able to live in a house such as those the
State intends to build.” They pointed out, in addition, that “it is possible that the
houses, once they are built, may not even be used by the beneficiaries due to their
dimensions compared to the number of family members [...]".
23.
In the brief of May 12, 2010, the Commission referred to the information
presented by the parties and the progress made in gathering such information. It
considered that the State has still not filed updated and detailed information as to the
progress made regarding “the beneficiaries who requested housing and the measures
taken” to comply with this reparation measure.
24.
The Court notes that the State has informed on different actions taken to
implement this measure, including those concerning: a) the signing of a cooperation
agreement to carry out a housing project for the victims of the instant case, which
includes the participation of different state entities; b) holding various meetings to
carry out the housing project; c) the request made to the representatives for support
and information for the case files for the housing project; d) the forwarding of 208
case files so as to be analyzed for the housing project; e) constructing houses in the
following weeks as part of the Concul Village housing project. In this respect, the
representatives and the Commission have acknowledged the progress made in
implementing this measure and indicated the need for the State to present detailed
information on the action taken. The Tribunal takes into account that, in the
observations of October 25, 2010, the representatives indicated that the beneficiaries
had observed that the dimensions of the houses set to be built were not adequate for
the number of people (between 8 and 10 per family); therefore, they pointed out that
it is possible that such houses, once built, may be unusable.
25.
In view of the above, this Tribunal positively values the efforts and progress
made by the State to comply with this measure. However, in order to assess
compliance therewith, it deems it necessary for the State to present updated and
detailed information on the actions recently taken and, if possible, on the
implementation of the housing program. To do so, the State must include, among
others, the following: a) a list with the names of the beneficiaries who were approved
for housing construction; b) the characteristics of the houses set to be built; c) a list
with the names of the beneficiaries whose case files are still pending approval and the
reasons for this; and, d) a schedule for the implementation of the corresponding
housing project.
E)
Implementation of various programs in the beneficiary communities
(operative paragraph nine of the Judgment)
26.
Regarding the study and dissemination of the Maya-Achí culture in the affected
communities, in subparagraph a) of operative paragraph nine, in its report of January
5, 2010, the State made reference to different activities the Academy of Mayan
Languages, with the support of the Municipality of Rabinal, carried out to disseminate
Achi culture, such as the publication of books prepared by the Academy and their