-7With regard to interpretation of the scope and meaning of these parts of the judgment, the
Victims respectfully request that the Court clarify the following two issues:
a) The scope, meaning and content of the ‘informed consent’ requirement contained in
paragraph 210, and in particular:
(i)
that the Court explain the broad principles governing the substantive and
procedural requirements that apply to obtaining the “informed consent of
the Moiwana community, the other Cottica N’djuka villages and the
neighboring indigenous communities;” and
(ii)
that the Court clarify that informed consent is required in relation to both
the “legislative, administrative and other measures” the State must
adopt to ensure the property rights of the Moiwana community “in
relation to the traditional territories from which they were expelled,” as
well as to the actual delimitation, demarcation and titling carried out
pursuant to those measures once adopted.
b) The scope and meaning of the term ‘property rights’ in paragraph 209 and 233 in
order to clarify that:
(i)
this term encompasses collective ownership rights; the area(s) to which
these rights correspond shall be delimited, demarcated and titled in
accordance with the community’s customary laws, values, usage and
mores; and, given the finding in paragraph 86(5) of the judgment, that
such ownership rights must be recognized and guaranteed in law and
protected in fact; and,
(ii)
the term ‘traditional territories’ does not exclusively refer to the former
village site as it existed prior to 29 November 1986, but also
encompasses those areas which, according to N’djuka customary law,
the community and its members may by right own and control or
otherwise occupy and use.
V
ADMISSIBILITY
9.
The Court will now proceed to determine if the terms of the request for
interpretation comply with the applicable requirements.
10.
Article 67 of the Convention provides:
The judgment of the Court shall be final and not subject to appeal. In case of
disagreement as the meaning or scope of the judgment, the Court shall interpret it at
the request of any of the parties, provided the request is made within ninety days from
the date of notification of the judgment.
11.
Article 59 of the Rules of Procedure provides:
1.
The request for interpretation, referred to in Article 67 of the Convention, may
be made in connection with judgments on the merits or on reparations and shall be filed
with the Secretariat. It shall state with precision the issues relating to the meaning or
scope of the judgment of which the interpretation is requested.
2. The Secretary shall transmit the request for interpretation to the parties to the case
and shall invite them to submit any written comments they deem relevant, within the
time limit established by the President.