disregarded the indigenous peoples’ claim to the land filed with the INDI and,
according to the State’s own specialized domestic agencies, it should be considered
null (supra para. 181 and 161).
313. Consequently, the State must take the measures necessary to ensure that
Decree No. 11,804 is not an obstacle to returning the traditional land to the members
of the Community.
*
*
*
314. With regard to the other measures of reparation requested by the
representatives in their pleadings and motions brief,311 the Court considers that the
delivery of this judgment and the reparations ordered in this chapter are sufficient and
adequate to redress the consequences of the violations suffered.
6.
Compensation
6.1.
Pecuniary damage
315. In its case law, the Court has developed the concept of pecuniary damage and
has established that pecuniary damage entails “loss or harm to the income of the
victim, the expenses incurred owing to the facts, and the consequences of a monetary
nature that have a causal relationship with the facts of the case.”312
316. The Commission indicated that, to determine the pecuniary damage, the Court
must take into account the cosmovision of the Community and the effect on its
members and their cosmovision of not having possession of their traditional habitat
that, among other consequences, has prevented them from carrying out their
traditional subsistence activities. The representatives asked the Court to establish, in
equity, a compensatory amount for pecuniary damage taking into account that the
members of the Community and its leaders have had to undertake numerous
measures and travel a great deal during the years that the land claim action has
lasted. The State considered that there is no relationship between the Community’s
petition on the compensation claimed and the facts denounced.
317. The Court finds that the actions and the measures taken by the Community
generated expenses that must be considered as consequential damage, in particular
with regard to the actions or the measures taken to claim their land, because the
leaders or members had to travel in order to carry out these procedures. However, the
Court observes that no documents and receipts were submitted to support the
expenses incurred.
318. Consequently, the Court, in equity, establishes the sum of US$10,000.00 (ten
thousand United States dollars) as compensation for travel-related expenditure. This
sum must be delivered to the leaders of the Community within two years of notification
311
The representatives requested: (i) the establishment of a scholarship fund for secondary and
university education for the youth of the Xákmok Kásek Community (ii) the establishment of a project fund
to strengthen the culture and languages of the Enxent, Angaité, and Sanapaná peoples of the Paraguayan
Chaco, to be implemented with the participation of the Xákmok Kásek Community and other communities of
the Lower Chaco, and (iii) the establishment of a consultation mechanism for indigenous peoples and/or
communities, with regulations for implementing the provisions of ILO Convention 169, to ensure their
participation in State procedures that affect their interests.
312
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22,
2002. Series C No. 91, para. 43; Case of the “Dos Erres” Massacre v. Guatemala, supra note 12, para. 275,
and Case of Chitay Nech et al. v. Guatemala, supra note 8, para. 261.
72
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