102
232. The Court takes into account that the members of the Yakye Axa Community
acted through their representatives, both under domestic venue and before the
Commission and this Court. For this purpose, the Court deems it fair to order the
State to pay US $15,000.00 (fifteen thousand United States dollars) or their
equivalent in Paraguayan currency, which must be given to the leaders of the
Community, for costs and expenses under domestic venue and in the proceeding
followed before the inter-American system for protection of human rights.
XIII
MANNER OF COMPLIANCE
233. To comply with the instant Judgment, the State must pay compensation for
pecuniary damages (supra para. 195), reimbursement of costs and expenses (supra
para. 232), establishment of the fund to purchase land for the Community (supra
para. 218), the public act of acknowledgment of international responsibility (supra
para. 226) and publication and dissemination of the excerpts of the instant Judgment
(supra para. 227) within one year’s time. The State must also identify, delimit,
demarcate, grant title deed and transfer free of cost the traditional lands of the
Yakye Axa Community or alternative lands if that is not possible, pursuant to
paragraphs 211 to 217 of this Judgment, within a maximum period of three years.
All these deadlines will be counted from the date of notification of the instant
Judgment.
234. The State must also implement the community development program and
fund within a maximum of two years from the date when the land is transferred
(supra paras. 205 and 206). Meanwhile, the State must immediately and on a
regular basis provide water, food, medical care, medicines, and school material to
the members of the Community (supra para. 221).
235. The State must take such measures as may be necessary in its domestic
legislation to make the rights embodied in the American Convention effective,
pursuant to the terms of paragraph 225 of the instant Judgment, within a reasonable
term.
236. The payments for reimbursement of costs and expenses incurred due to the
steps taken by the representatives of the Community in the domestic proceeding as
well as in the international one before the inter-American system for protection of
human rights, will be made in accordance with the provisions of paragraph 232 of
the instant Judgment.
237. The State may fulfill its pecuniary obligations by payment in United States
dollars or an equivalent amount in the State’s national currency, using for this
calculation the exchange rate between the two currencies on the New York
exchange, the day before the payment.
238. If for reasons attributable to the beneficiaries of the compensations it is not
possible for them to receive said payments within the stated one year period from
the date of notification of the instant Judgment, the State will deposit said amounts
in their name in an account or deposit certificate in a reliable Paraguayan banking
institution, in United States dollars and under the most favorable financial conditions
allowed by banking practice and legislation. If after ten years the compensation has
not been claimed, that amount will be returned to the State together with the
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