6 23. That the information provided by the State on this aspect has not been entirely in keeping with the terms of the Order of February 2, 2007. 24. That, the State advised, inter alia, that it had provided medical, dental, family planning, pre-natal control and vaccination services to the members of the Community; that it had built 16 latrines and installed two fiberglass tanks in the Santa Elisa settlement and 9 latrines and one tank in the Kilometer 16 settlement, which are supplied “periodically” with potable water; that it had carried out educational and community talks, trained voluntary health promoters, provided the Community with food every month, delivered bilingual materials and carried out a “training course […] with the teachers of the indigenous schools on the best use of the bilingual educational material.” 25. That the representatives indicated that the supply of water has been “sporadic and inadequate.” The Community “has to use unsafe sources of water, risking their health.” That every month, water is delivered to the Kilometer 16 settlement that lasts less than seven days, and the water delivered to Santa Elisa lasts for three days. “The quality of the medical care has been inadequate, consisting of infrequent and hurried visits and, on one opportunity at least, medicines were delivered that had possibly expired.” That “31.6% of children have slight growth atrophy and 21.1% of children have moderate to severe atrophy.” That there is a lack of pre-natal care in the Community and the State does not reimburse the cost of transporting pregnant women to the clinics. The delivery of food has been irregular, and the food is “of a very low nutritional quality.” “The calories of the packages that the State delivers are only sufficient for an average Community family of four persons for 21 days, based on a minimum consumption of 2000 calories a day.” That the materials for the construction of the latrines “had been bought and taken to the community settlements”; however, “[t]he construction of the latrines was pending.” That the condition of the schools in the Community’s settlements is “extremely precarious,” and the children “do not receive educational material in [their] own language.” 26. That the representatives reported that thirteen persons had died in the Sawhoyamaxa Community “[a]s a result of the State’s failure to take action and its limited attention to the assistance ordered in the Judgment.”7 27. That the Commission stated that “the insufficient and inadequate compliance with certain obligations that the State acquired with the Judgment of the InterAmerican Court is not only jeopardizing the life of the members of the Community, but it is also killing them.” In addition, it indicated that “while the State does not comply fully and adequately with the Judgment, the lives of the members of the Community are in danger every day […], and also, each day the very existence of the Sawhoyamaxa Community, its cultural survival, its development as a Community and its […] expectations of a future as a group are jeopardized.” 28. That, according to the documentation forwarded by the State, the criteria used for the provision of water is “to guarantee a minimum of five liters per person, per 7 The persons who died from 2005 to 2008 and their respective age at death were as follows: Frolian Gimenez Aponte, Arnaldo Manuel Ramírez (1 month), Fátima Carolina Ramírez (1 month), Rafael Martínez (48 years), Aurelia Galeano Montanía (1 year), Eulalio Enrique Yegros (4 months), Rodrigo Marcial Yegros (2 years), Unnamed (newborn), Wilma Yegros (1 year), María Clara Galeano (15 days), Eugenio Florentín Fernández, Lidia Mabel González (3 years).

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