94 of the Yakye Axa Indigenous Community. This Court has also taken into account the statements by José Alberto Braunstein and Teresa de Jesús Vargas in their statements before a notary public (supra para. 38.d and 38.e), and by Rodrigo Villagra and Bartomeu Melia i Lliteres in their statements before this Court during the public hearing (supra para. 39.e and 39.f). 202. This Court notes that when it orders reparation for non-pecuniary damages, it must consider the fact that the right to communal property of the members of the Yakye Axa Community has not been made effective, as well as the grave living conditions to which they have been subjected as a consequence of the State’s delay in making their territorial rights effective. 203. Likewise, the Court notes that the special significance of the land for indigenous peoples in general, and for the Yakye Axa Community in particular (supra para. 137 and 154), entails that any denial of the enjoyment or exercise of their territorial rights is detrimental to values that are very representative for the members of said peoples, who are at risk of losing or suffering irreparable damage to their cultural identity and life and to the cultural heritage to be passed on to future generations. 204. The Court also notes that the State partially acquiesced to the claim by the representatives of the victims regarding guarantees of development of economic, social, and cultural rights set forth in Article 26 of the American Convention, but with the reservation that this is appreciably affected by Paraguay’s limitations as a country with a lower relative development and due to imbalances in international trade. 205. Bearing in mind the above, as well as the various aspects of the damage alleged by the Commission and by the representatives, the Court, in fairness and based on a judicious assessment of the non-pecuniary damage, deems it pertinent for the State to create a community development fund and program that will be implemented on the lands that will be given to the members of the Community, pursuant to paragraphs 215 to 217 of this Judgment. The community program will consist of the supply of drinking water and sanitary infrastructure. In addition to said program, the State must allocate US $950,000.00 (nine hundred and fifty thousand United States dollars), to a community development program that will consist of implementation of education, housing, agricultural and health programs for the benefit of the members of the Community. The specific components of said projects will be decided by the implementation committee, described below, and they must be completed within two years of the date the land is given to the members of the Indigenous Community. 206. The committee mentioned in the previous paragraph will be in charge of deciding the manner of implementation of the development fund, and it will have three members. Said committee must include a representative appointed by the victims and another by the State; the third member of said committee will by appointed by agreement between the victims and the State. If within six months from the date of notification of this Judgment the State and the representatives have not reached an agreement regarding membership in the implementation committee, the Court will summon them to a meeting to decide this matter. D) OTHER FORMS OF REPARATION (MEASURES OF SATISFACTION AND GUARANTEES OF NON-RECIDIVISM)