8 and must encompass an appropriate area for the community to maintain and develop its ethnic identity. This action must take into account the principles of universality, indivisibility, and interdependence. 24. Analysis of the case leads to the conclusion that currently there are no domestic legal provisions to enable expropriation of lands that were part of the traditional habitat of indigenous peoples but are not currently occupied by them, unless the legislators are convinced, in specific cases, that said expropriation is in order; if the right to ancestral territory does not go hand in hand with possession of the lands claimed, there is no recognition of said right under domestic legislation. 16 Furthermore, there are no suitable legal instruments for recovery of the lands of indigenous peoples that have been invaded and are currently occupied by third parties. Therefore, the Paraguayan State is under the obligation to take special steps to ensure effective exercise by the indigenous peoples of basic human rights enshrined in Articles 63 and 64 of the National Constitution, pursuant to the provisions of Article 2 of the American Convention: Domestic Legal Effects Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. In its compliance with this obligation, the Paraguayan State must take into account Article 14 (3) of Agreement 169 Concerning Indigenous and Tribal Peoples in Independent Countries, which establishes the need to establish appropriate procedures in the framework of the national legal system to address the land claims of the peoples involved. These are the grounds for my partly concurring vote regarding operative paragraph one of the Judgment. 25. With regard to the alleged violation of Article 4 of the American Convention (Right to Life) the application filed by the Inter-American Commission asserts that the State of Paraguay failed to comply, to the detriment of the Yakye Axa Community, with the obligation to ensure the right to life embodied in Article 4 of the American Convention, to the detriment of eight members of the indigenous community, duly identified by that community, and that the State “has placed all members of the community in a situation of constant risk,” affecting their enjoyment and exercise of basic human rights, through continuation of a situation of vulnerability of the community. 17 Said Article 4 (1) of the Convention establishes that: Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life. 16 Reply to the Application, para. 152. 17 Application by the Inter-American Commission. Main brief regarding the petition. Summary Doc., para. 2.