289. The calculation of the months for which the State must compensate the
Community for its delay in complying with this judgment will cease when the
traditional land, or if applicable, the alternate land, is finally awarded to them.
290. During the procedure of monitoring compliance with this judgment, the Court
will establish the dates on which the State must make the respective payments to the
leaders of the Community for the delay in complying with this measure of reparation.
These payments must be made in keeping with the guidelines stipulated in the section
on “method of payment” of this judgment (infra paras. 332 to 336). If the State fails to
comply with the dates established by the Court for making these payments, it must
pay interest on arrears, in keeping with the provisions of paragraph 336 infra. The
corresponding amounts shall be delivered to the duly recognized leaders of the
Community, who will distribute the money as the Community decides based on its own
decision-making methods.
2.2.
Protection of the territory claimed
291. The State must not carry out any action that further obstructs the effects of this
judgment. In this regard, until the traditional territory has been awarded to the
Community, the State must ensure that the territory is not harmed by the actions of
the State itself or of private third parties. Thus, the State shall ensure that the area is
not deforested, that the sites that are of cultural importance to the Community are not
destroyed, that the land is not transferred, and that it is not exploited in such a way as
to cause irreparable harm to the area or to its natural resources.
2.3.
Granting title to the “25 de Febrero” lands
292. The State indicated that it was processing the granting of title to the 1,500
hectares of the place known as “25 de Febrero,” where the Community is currently
located. However, it underlined certain obstacles to the granting of title and
registration of the land owing to formal problems concerning the representation and
registration of community leaders.
293. In this regard, the Court considers that the State itself must resolve all these
formal obstacles to the granting of title to this land, in keeping with the provisions of
paragraphs 48 and 49. Specifically, through the competent authorities, the State must
guarantee the rectification of the discrepancies regarding the registration of the leaders
of the Community for the necessary legal effects. The State must do this within six
months of notification of this judgment.
294. Furthermore, this Court orders the State, within one year of notification of this
judgment, to grant title to the 1,500 hectares ceded to the members of the Xákmok
Kásek Community by the Angaité communities (supra paras. 76 to 78). This will allow
the members of the Community to have a territory and ensure their survival
provisionally, while its traditional land is demarcated and title is granted. The Court
considers it relevant to stress the solidarity and unity of the Angaité communities with
the Xákmok Kásek Community.
295. The Court emphasizes that the granting of title to the said 1,500 hectares does
not affect or influence the return of the traditional territory to which the members of
the Xákmok Kásek Community have a right, in accordance with paragraphs 281 to 290
of this judgment.
3.
Measures of Satisfaction
67
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