102
scope or impact.238 These measures are especially relevant in the instant case, given
the collective nature of the damage caused.
a)
Delivery of property and basic services
229. In the instant case, Paraguay stated its intention to satisfy the request of the
Commission and the representatives regarding the establishment of a health care
center and a school, as well as the provision of drinking water, sanitation facilities
medical care and educational services, in favor of the members of the Community
(supra para. 203).
230. With the foregoing in mind and in view of the conclusions contained in the
chapter related to Article 4 of the American Convention (supra para. 156 to 180), the
Court orders that, 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, tests and care to all members of the
Community, especially children, elder people and women, together with periodic
parasite removal and vaccination campaigns, respecting their practices and customs;
c) deliver sufficient quantity and quality of food; 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,
inasmuch as possible, respect the cultural values of the Community and of Paraguay,
and is to be bilingual; in the Exent language, and at the discretion of the members of
the Community, either in Spanish or in Guarani.
231. Likewise, in view of the conclusions contained in the chapter related to Article
3 of the Convention, the Court orders the State to implement, within one year as
from the date notice of the instant Judgment be served, a registration and
documentation program aimed at offering the members of the Community the
possibility to register and to obtain their identification documents.
232. Lastly, given the difficulties encountered by the members of the Community
to access health care centers (supra para. 73(72), the State shall set up in the Santa
Elisa and Kilómetro 16 settlements of the Sawhoyamaxa Community a
communication system to allow victims to contact health authorities competent to
address emergency cases. If necessary, the State shall provide transportation. The
State shall establish such communication system within six months as from the date
notice of the instant Judgment be served.
233. To comply with the provisions of the preceding paragraphs, the State shall
secure participation and informed consent by the victims, which must be expressed
by their representatives and leaders.
c)
Adapting domestic legislation to the American Convention
238
Cf. Case of the Pueblo Bello Massacre, supra note 3, para. 264, Case of Blanco-Romero et al.
Judgment of November 28, 2005. Series C No. 138, para. 93; and Case of Gómez Palomino, supra note
12, para. 136.