103
234. In the answer to the application, the State “acquiesced” to the request made
by the Inter-American Commission and the representatives “for the enactment and
enforcement of legislation contemplating an effective and expedient remedy to solve
conflicts of rights as those at issue in the instant case” (supra para. 203).
235. Based on the above and in view of the conclusions reached by the Court in
the chapters relating to Articles 8, 21, 25 and 2 of the American Convention, the
Court finds that the State shall guarantee the effective exercise of the rights
contemplated in its Political Constitution and domestic legislation, pursuant to the
American Convention. Consequently, the State shall, within a reasonable time, enact
into its domestic legislation, as per Article 2 of the American Convention, the
legislative, administrative and other measures necessary to provide an efficient
mechanism to claim the ancestral lands of indigenous peoples enforcing their
property rights and taking into consideration their customary law, values, practices
and customs.
e)
Publication and disclosure of the pertinent parts of the Court’s Judgment
236. As ordered in prior cases,239 the Court finds that, as a measure of satisfaction,
the State shall publish within one year as from the date notice of the instant
Judgment be served and at least once, in the Official Gazette and in another national
daily newspaper, the section entitled Proven Facts, without the footnotes, and
operative paragraphs one to fourteen of the instant Judgment. Furthermore, the
State shall finance the radio broadcasting240 of the content of paragraphs 73(1) to
73(75) of chapter VII on Proven Facts, without the footnotes, and of operative
paragraphs one to fourteen of the instant Judgment, in the language indicated by the
members of the Community, in a radio station accessible to them. Said radio
broadcasting shall be made at least four times in two-week intervals.
COSTS AND EXPENSES
237. As the Court has stated on previous occasions,241 costs and expenses are
contemplated within the concept of reparations as enshrined in Article 63(1) of the
American Convention, since the efforts of the victims and their representatives to
obtain justice both at the domestic and the international levels lead to disbursements
that must be compensated when international responsibility of the State is declared
in a conviction judgment. With regard to their reimbursement, the Court must
prudently assess their extent, which involve the expenses generated when acting
before authorities within the domestic jurisdiction as well as those generated in the
course of proceedings before the Inter-American human rights protection system,
taking into account the particular circumstances of the specific case and the nature
of the international jurisdiction for the protection of human rights. Such estimate
may be made based on equitable grounds and in consideration of the expenses
reported by the parties, provided their amount be reasonable.
239
Cf. Case of Acevedo-Jaramillo et al., supra note 3, para. 313; Case of López-Álvarez, supra note
3, para. 208; Case of the Pueblo Bello Massacre, supra note 3, para. 279.
240
Cf. . Case of Indigenous Community Yakye Axa, supra note 1, para. 227; and Case of Yatama,
supra note 8, para. 253.
241
Cf. Case of Acevedo-Jaramillo et al., supra note 3, para. 315; Case of López-Álvarez, supra note
3, para. 214; Case of the Pueblo Bello Massacre, supra note 3, para. 283.