7
measures designed to end this violation; the most important of these was the
seventh operative paragraph (supra Having seen paragraph 1), which orders the
State to provide the members of the Community with the basic goods and services
necessary for their survival. This obligation was immediate; to be complied with as
soon as the State was notified of the Judgment.
20.
That, according to the information presented by the representatives and by
the State itself, it is clear that Paraguay has failed to comply with this aspect of the
Judgment delivered in the instant case, and this has contributed to creating a
situation that endangers the life and health of the victims.
21.
That this Court finds that the State’s failure to comply with this aspect has
resulted in the loss of life of several members of the Yakye Axa Community and, by
not adopting sufficient preventive measures to avoid this, it maintains them in a
high-risk situation.
*
*
*
22.
That, regarding the fund destined exclusively for the acquisition of the lands
to be handed over to the members of the Community (eighth operative paragraph of
the Judgment), the State reported that INDI Resolution No. 655/06 of June 30,
2006, created this fund.
23.
That this Resolution decided “[t]o allocate the sum of Gs.600,000,000 (six
hundred million Guaranis) from the 2006 Budget to open an account in the Central
Bank of Paraguay” and also, “[t]o budget the sum of Gs.10,000,000,000 (ten billion
Guaranis) during the 2007 exercise to increase the said fund.”8
24.
That the representatives indicated that they contacted the Central Bank of
Paraguay and INDI and confirmed “the inexistence of an account with funds for the
acquisition of the lands of the Yakye Axa.” They also stated that they “do not know
where the six hundred million Guaranis are, or whether they even exist.”
25.
That the Commission has expressed “concern […], because it considers that
the contribution of funds for the acquisition of the lands is essential to resolve the
basic problem that has given rise to this case before the inter-American system.”
26.
That the Court does not have sufficient information on this point;
consequently, it must request the State to provide more detailed information.
*
*
*
27.
That, regarding the implementation of a community development fund and
program and the committee to manage the fund (ninth operative paragraph of the
Judgment), the State indicated that the committee had been created and that the
said fund had been established by INDI Resolution No. 660/06 of July 3, 2006. The
State added that the sum of US$100,000.00 (one hundred thousand United States
dollars) had been requested to set up the fund and it had been requested that the
sum of US$350,000.00 (three hundred and fifty thousand United States dollars) be
included in the national budget to increase this fund.
8
Cf. Resolution No. 655/06 of the President of the Paraguayan Institute for Indigenous People
(IPI) of June 30, 2006 (file of compliance with judgment, Tome I, folios 146 and 147).