9
28.
That the representatives informed in their brief of February 24, 2009 that “on
December 15, 2008 agreements were signed for cooperation between COPREDEH and the
Guatemalan Housing Fund FOGUAVI, for construction of the houses for the victims in the
instant case, in which the commitment to grant 317 subsidies to the families assigned was
established, for compliance with this operative paragraph.”
29.
That in its observations, the Commission took cognizance “[…]satisfactorily that
agreements have been implemented which allow for the construction of the houses to
begin.” However, it stressed the importance of complying with this obligation.” Additionally,
the Commission requested for the State to refer specifically to the “progress in providing
adequate housing to the victims […] in Plan de Sánchez.”
30.
That the Court appreciates what has been reported by the State and the
representatives with regards to advances to comply satisfactorily with this measure (supra
Having Seen 4). However, it observes that there is no information yet to support whether
housing has been provided to the victims who have requested it. Therefore, the Court
considers it necessary for the State to provide timely information on effective
implementation of operative paragraph eight. Additionally, the Court deems necessary for
the representatives and the Commission to provide their comments on this matter.
*
*
*
31.
That with regards to operative paragraph nine of the Judgment (supra Having Seen
1), on the creation of several programs for the communities beneficiaries to the Judgment
on Reparations, in the report submitted on November 25, 2008 the State indicated that in
relation to the study and dissemination of the Maya Achí culture (sub-paragraph a) of
operative paragraph nine), it had coordinated with the National Fund for Peace and the
Academy of Mayan Languages the signing of an agreement for compliance with this
measure, but this was not been possible due to “lack of support” by the latter institution.
Additionally, it reported that it was negotiating with the same Fund for the construction of
the Health Center in Plan de Sánchez (sub-paragrah e) of operative paragraph nine), as
well as the creation of several cultural initiatives in different communities, including the
Achí community of the Baja Verapaz Department. Finally, it added that “[…] it will continue
looking for the mechanisms necessary to comply with each of the sub-paragraphs of this
commitment.” The State did not refer to sub-paragraphs b), c) or d) of this operative
paragraph.
32.
That in the brief of February 24, 2009, the representatives indicated that they
regarded as important what the State reported on the creation of several initiatives by
means of “Ministerial Agreements”, but they observed that it was not established “precisely
how these Agreements and their implementation (if they are already being implemented)
were directly related to the compliance” of this operative paragraph, thus they required
from the State “a more detailed report in terms of the progress” of each of the measures
ordained in operative paragraph nine. They added that they considered important for the
State, through COPREDEH “as a coordinating entity, to create an inter-institutional table to
serve as a space for direct discussion with the institutions that could contribute to
compliance with these aspects.” They also provided their opinion on what was reported by
the State on the Academy of Mayan Languages’ negative “on the encouragement of the
compliance with sub-paragraph [a)] that it is necessary to carry out actions with other
institutions that could contribute [with] the participation by the victims and their
representatives” (sub-paragraph a) of operative paragraph 9). Regarding the improvement