104
238. The Court takes into account that the members of the Sawhoyamaxa
Community acted through representatives before the domestic jurisdiction and
before the Commission and this Court as well. Therefore, based on equitable
grounds, the Court orders the State to pay as costs and expenses incurred in the
domestic proceedings, and during the proceedings before the Inter-American human
rights protection system, the amount of US$ 5,000.00 (five thousand United States
Dollars) or an equivalent amount in the currency of Paraguay, to be paid to the
leaders of the Community, who in turn will transfer to TierraViva the amount they
deem appropriate to compensate the expenses incurred by such institution.
F) TERMS OF COMPLIANCE
239. To comply with this Judgment, the State shall pay compensations for
pecuniary and non-pecuniary damage (supra para. 218, 226 and 227), reimburse
costs and expenses (supra para. 238), publish and disclose excerpts of the instant
Judgment (supra para. 236) and implement a campaign for registering and
documenting all members of the Community (supra para. 231), within one year.
Moreover, the State shall individualize, demarcate, delimit, confer title to and make
over for no consideration the traditional lands to the members of the Sawhoyamaxa
Community or, were this impossible, alternative lands, as set forth in paragraphs
210 to 215 herein, no later than three years from the date of the instant Judgment.
All the foregoing time-limits will run as from the date notice of the instant Judgment
be served.
240. Furthermore, the State shall implement a community development fund
within two years after making over the lands (supra para. 224 to 227). In the
meantime, the State shall immediately and periodically adopt measures aimed at
delivering supplies and basic services to the members of the Community, as set forth
in paragraphs 229 and 230 of the instant Judgment. Likewise, the State shall set up
in the settlements of the Community a communication system allowing victims to
contact health authorities competent to address emergency cases, within six months
as from the date notice of the instant Judgment be served (supra para. 232).
241. The State shall enact into its domestic legislation the necessary measures to
enforce the rights enshrined in the American Convention, as set forth in paragraph
235 herein, within a reasonable time.
242. Payment of compensations for pecuniary and non-pecuniary damage, and the
related reimbursement of costs and expenses, shall be made as set forth in
paragraphs 207, 218 and 227 herein.
243. The State may discharge its pecuniary obligations by tendering United States
Dollars or an equivalent amount in the currency of the State, at the New York, USA
exchange rate between both currencies on the day prior to the one payment is
made.
244. If the beneficiaries of compensations are not able to receive payments within
one year after the date notice of judgment is served upon them due to reasons
attributable to them, the State shall deposit said amounts in an account in their
name or draw a certificate of deposit from a reputable Paraguayan bank, in United
States Dollars, under the most favorable financial terms the law in force and
customary banking practice allow. If after ten years compensations be still