8
The […] members of the Community have remained in a legal limbo in which, although
they were born and have died in Paraguay, their existence and identity were never
legally recognized; that is to say, they were not recognized as persons before the law.12
19.
That the Court considered that this constituted a violation of Article 3 of the
American Convention and, consequently, ordered Paraguay to conduct, “within one
year at the most from notification of the […] judgment, a registration and
documentation program,” so that the members of the Community can be registered
and obtain their identity documents (supra first having seen paragraph).
20.
That, although it is true that the one-year period has not yet expired, the
Court is concerned by the information provided by the representatives and the State
itself, to the effect that none of the children who died had an identity document.
21.
That, in view of the above, the Court finds it opportune to remind Paraguay
that it must comply fully and within the established time with its obligation to
register all the members of the Community and provide them with their identity
documents.
*
*
*
22.
That the State has not provided information on the other operative
paragraphs pending compliance, which refer to:
a) Delivery of the traditional lands to the members of the Community (sixth
operative paragraph of the judgment on merits, reparations, and costs);
b) Establishment of a community development fund for educational, housing,
agricultural and health projects, to be determined by an implementation
committee (seventh operative paragraph of the judgment on merits,
reparations, and costs);
c) Payment of non-pecuniary damage, and costs and expenses (eighth operative
paragraph of the judgment on merits, reparations, and costs);
d) Creation of an effective mechanism for members of the indigenous
communities to claim their ancestral lands (twelfth operative paragraph of the
judgment on merits, reparations, and costs), and
e) Publication and broadcasting by radio of the judgment in the instant case
(thirteenth operative paragraph of the judgment on merits, reparations, and
costs).
23.
That the time awarded to the State to comply with the above-mentioned
sixth, seventh, eighth, twelfth and thirteenth operative paragraphs has not yet
expired. Nevertheless, pursuant to the fourteenth operative paragraph of the
judgment, the State must inform the Court (supra first having seen paragraph)
12
Cf. Case of the Sawhoyamaxa Indigenous Community, supra note 6, para. 192.
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