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DECLARES:
1.
That, as indicated in Considering paragraphs 15, 38 and 39, and 43 and 44 of
this Order, the State has complied fully with the third, sixth and seventh operative
paragraphs of the Judgment delivered by the Inter-American Court of Human Rights on
August 31, 2001.
2.
That it will keep open the procedure of monitoring compliance with the pending
aspect of this case, concerning the State’s obligation to delimit, demarcate and title the
lands that correspond to the members of the Awas Tingni Community and, until that
delimitation, demarcation and titling has been done, it must abstain from any acts that
might lead the agents of the State itself, or third parties acting with its acquiescence or
its tolerance, to affect the existence, value, use or enjoyment of the property located
in the geographic area where the members of the Community live and carry out their
activities (fourth operative paragraph of the Judgment of August 31, 2001).
3.
That the Court takes note of the “official record of the agreements” signed by
the representatives and the members of the Community, the State and the
Commission on May 3, 2008, in which it was agreed, as regards the point pending
compliance, that:
(1) Within no more than two months, the State would comment on the claim of the “Ten
Communities” in relation to the Resolution of the Regional Council of February 14,
2007.
(2) When it has issued this comment, the phase of marking the boundaries will be
concluded, within 40 days at most.
(3) Immediately afterwards, steps will be taken to prepare and approve the title in favor
of the ancestral territory of the Community, under the legal procedure. The parties
consider that the title will be delivered to the Awas Tingni Community in August
2008.
(4) Lastly, the parties request the presence of a delegate of the Court and of the
Commission to verify in situ compliance with the agreements.
[…]
AND DECIDES:
4.
To require the State to adopt all necessary measures to comply promptly and
effectively with the only point pending compliance, pursuant to the provisions of Article
68(1) of the American Convention on Human Rights, and also to comply with the
undertakings made on May 3, 2008, which appear in the “official record of the
agreements.”
5.
To request the State to present to the Inter-American Court of Human Rights,
by November 3, 2008, at the latest, a report indicating all the measures adopted to
comply with the aspects ordered by the Court in the fourth operative paragraph of the
Judgment and with the elements established in the “official record of the agreements”
of May 3, 2008.
6.
To request the representatives and the Inter-American Commission on Human
Rights to submit any observations they deem pertinent on the State’s report
mentioned in the preceding operative paragraph within four and six weeks,
respectively, of receiving it.