size and quality, in keeping with the Community’s claim, in the area identified as being part of their traditional habitat, and to grant title to them free of charge. 280. When answering the application, the State acquiesced on this point and recognized the “right to ownership of the communal land of the Xákmok Kásek Indigenous Community in the manner and under the conditions established by the Constitution and the current laws of the Republic of Paraguay.” In particular, it indicated that it confirmed “its willingness to grant the Community free of charge […], as provided for by the Constitution and the laws currently in force, an area of land that accorded with the stable and permanent number of [its] members […], within the land delimited in the Paraguayan Chaco, the traditional site of the Enxet-Lengua people […] and without affecting the rights of third parties that are justified by rights to property and rational exploitation.” Lastly, it asked the Court to “authorize the State to seek a piece of property, within the historical territory of the Enxet-Lengua, where it can grant ownership to the new Xákmok Kásek Community, something that the State has never opposed.” Moreover, the State indicated that, regarding the award of title to the 1,500 hectares, “the transfer of the property is being processed before the Government Notary in order to formalize the registration of the public deed in favor of the Community.” 2.1. Return of the traditional territory claimed 281. In light of the conclusions in Chapter VI concerning Articles 21(1), 8(1) and 25(1) of the Convention, the Court considers that the return to the members of the Xákmok Kásek Community of their traditional land is the measure of reparation that comes closest to restitutio in integrum, and therefore it decides that the State must take all the necessary legislative, administrative and any other measures to ensure the Community members’ right to ownership of their traditional lands and, consequently, to the use and enjoyment of those lands. 282. The Community’s connection to those lands is indissoluble and fundamental for its cultural subsistence and its food supply, which is why its return is so important. Contrary to what the State has indicated, the land to be returned to the members of the Community is not just any piece of property “within the historical territory of the Enxet Lengua people,” but rather the territory that, in this case, the members of the Community have proved is their specific traditional territory and the most suitable for the indigenous settlement (supra para. 107). 283. Consequently, the State must return to the members of the Community the 10,700 hectares claimed by them and identified as Mopey Sensap (today Retiro Primero) and Makha Mompena (today Retiro Kuñataí). The specific identification of this territory and its borders must be made by the State within one year of notification of this judgment, using the appropriate technical mechanisms for this purpose, and with the participation of the leaders of the Community and their freely chosen representatives. 284. Once the traditional territory of the members of the Community is fully identified in the manner and within the time frame indicated in the preceding paragraph, if it is owned by private entities, whether natural or legal persons, the State, through its competent authorities, must decide whether it is possible to expropriate the land for the indigenous peoples. To decide this question, the State authorities must follow the criteria established in this judgment (supra paras. 85 to 170), taking very much into account the special relationship that the indigenous peoples have with their lands for the preservation of their culture and their survival. At no time should the decision of the domestic authorities be based exclusively on the fact 65