295. In view of the fact that the State has been found internationally responsible for the
violation of Articles 1(1), 2, 3, 21, 23 and 25 of the Convention, which has resulted in the harm
to extremely representative values of the members of the Kaliña and Lokono peoples that have
an impact on their cultural identity and on the cultural heritage to be transmitted to future
generations, the Court finds it appropriate, as it has in previous cases, 333 to establish the
creation of a community development fund as compensation for the pecuniary and non-pecuniary
damage suffered by the members of these peoples. Furthermore, this fund is in addition to any
other present or future benefit that might correspond to the Kaliña and Lokono peoples as a
result of the State’s general development obligations.334
296. Bearing in mind that “indigenous peoples have the right to the conservation and
protection of the environment and the productive capacity of their lands or territories and
resources,335 as well as the observations of the representatives concerning the requested
investment projects, the Court finds that the purpose of the community development fund must
be to develop projects in the areas of health, education, food security, resource management,
and others that the Kaliña and Lokono peoples consider pertinent for their development.
297. The State must take all the necessary administrative, legislative, financial and human
resource measures to create and implement this fund and, to this end, within three months of
notification of this Judgment, it must appoint an authority with competence in this matter, to
administer the Fund. Meanwhile, the Kaliña and Lokono peoples must choose a representative for
the dialogue with the State, so that the fund is implemented in accordance with the will of the
peoples.336
298. The State must allocate the sum of US$1,000,000.00 (one million United States dollars)
to this fund, to be invested and implemented in keeping with the proposed objectives, within no
more than three years of notification of this Judgment.
299. Lastly, the Court establishes that, during the implementation period, the parties must
provide the Court with an annual report describing the projects in which the sum allocated to the
fund is invested.
E. Guarantees of non-repetition
300. In cases such as this one, in which repeated violations of the human rights of indigenous
and tribal peoples have been committed, the guarantees of non-repetition acquire greater
relevance as a measure of reparation, so that similar acts are not repeated and also to contribute
to prevention.337 In this regard, the Court recalls that the State must adopt any legal,
333
Cf. Case of the Yakye Axa Indigenous Community, supra, para. 205, and Case of the Garífuna Community of
Punta Piedra and its members, supra, para. 332.
334
Cf. Case of the Garífuna Community of Punta Piedra and its members, supra, paras. 332 to 336.
335
Cf. Article 29 (1) of the United Nations Declaration on the Rights of Indigenous Peoples, supra.
336
Cf. Case of the Garífuna Community of Punta Piedra and its members, supra, para. 334.
337
Cf. Case of Pacheco Teruel el al. v. Honduras. Merits, Reparations and Costs. Judgment of April 27, 2012. Series C
No. 241, para. 92. “The guarantees of non-repetition […] will contribute to prevention.” Cf. Principle 23 of the Basic
Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human
Rights Law and Serious Violations of International Humanitarian Law. UN Doc. A/Res/60/147. Resolution adopted by the
General Assembly of the United Nations on December 16, 2005, Principle 23.
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