8
human physiological needs at all stages throughout the life cycle and according to
gender and occupation.”12 That, according to the information provided, and not
contested by the State, the food delivered each month to the victims is only
sufficient for 21 days; that a high percentage of the children of the Community have
growth atrophy and that there are two cases of acute malnutrition. That, without
ignoring the measures that the State has taken to date, the Court considers that the
provision of food has been insufficient to resolve the situation described and the
situation of abandon that the Court examined in its Judgment.
33. That the Court finds a discrepancy between the State and the representatives
regarding the management of biological waste. On the one hand, the State indicates
that it has built several latrines. On the other hand, the representatives affirm that
the construction materials have been purchased and sent to the Community, but that
the construction has not started. The Court requires more information on this point.
34.
That the Court notes the delivery of educational materials to the schools of
the settlements of the Community, as well as the talks that the State has given.
However, it finds it appropriate to request the State to comment on the difficulties
reported by the representatives (supra twenty-fifth Considering paragraph in fine).
35.
That the Court shares the Commission’s opinion that the insufficiencies in the
delivery of basic goods and services, added to the failure to grant the traditional
lands, affects the very existence of the Community and its cultural survival as a
group.
*
*
*
36.
That, regarding the installation of a communications system that allows the
victims to contact the competent health authorities in case of emergency (tenth
operative paragraph of the Judgment), the State advised that “the Sawhoyamaxa
settlements have a UHF radio installed by INDI.”
37.
That the representatives “confirm[ed] the installation of the radio systems in
the Community’s two settlements.”
38.
That the Commission noted compliance with this aspect.
39.
That, based on the information provided by the parties, the Court finds that
the State has complied fully with this aspect of the Judgment.
*
*
*
40.
That, regarding the registration and documentation program (eleventh
operative paragraph of the Judgment), the State advised that “officials from the
INDI Community Registration Bureau had visited the Community three times […]
accompanied by an official from the Identification Department of the National Police
Force to issue identity cars, and also birth certificates and the Indigenous Peoples
Identity Card.”
12
Cf. Committee on Economic, Social and Cultural Rights, General comment No. 12, “The right to
adequate food (art. 11)”. United Nations, Document E/C.12/1999/5 (1999), para. 9.