9
about the steps it has taken to comply with all the reparations ordered by the Court
in the allotted time.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to its authority to monitor compliance with its decisions, in accordance with
Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human
Rights, 25(1) and 30 of its Statute, and 29(2) of its Rules of Procedure,
DECLARES:
1.
That the State of Paraguay has failed to comply with the fifth to seventeenth
paragraphs of the judgment on merits, reparations, and costs delivered in this case,
as indicated in considering paragraphs 5 to 17 of this Order.
2.
That it will keep open the procedure to monitor compliance with all aspects of
the judgment.
AND DECIDES:
1.
To require the State to provide immediately the basic goods and services and
medical care necessary for the survival of the members of the Sawhoyamaxa
Indigenous Community, in the terms of paragraph 230 of the judgment delivered in
this case, so that deaths, such as those that occurred recently, do not continue. In
this regard, paragraph 230 indicates:
[…] while the members of the Community remain landless, the State shall immediately,
regularly and permanently adopt measures to: (a) supply sufficient drinking water for
consumption and personal hygiene to the members of the Community; (b) provide medical
check-ups and care to all the members of the Community, especially the children, the
elderly and women, together with periodic deparasitation and vaccination campaigns,
respecting their practices and customs; (c) deliver food of adequate quantity and quality;
(d) set up latrines or other type of sanitation facilities in the settlements of the
Community, and (e) provide the school of the “Santa Elisa” settlement with all necessary
material and human resources, and establish a temporary school with all necessary
material and human resources for the children of the “Kilómetro 16” settlement. The
education provided must respect the cultural values of the Community and of Paraguay,
insofar as possible, and be bilingual: in the Exent language and, at the discretion of the
members of the Community, in either Spanish or Guarani.
2.
To require the State to establish, forthwith, in the Santa Elisa and Kilómetro
16 settlements of the Sawhoyamaxa Community, a communication system that will
allow the victims to contact the competent health authorities to attend emergency
cases, in accordance with the tenth operative paragraph of the judgment delivered in
this case.
3.
To require the State to adopt all necessary measures to comply effectively
and promptly with the judgment, as stipulated in Article 68(1) of the American
Convention on Human Rights.
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