93
f)
the Court must order the State to pay the next of kin of the
Community members that have died during their sojourn in their current
settlement location, an amount that it may be equitably determine. In
effecting such determination, the customary law of the Community must be
taken into account;
g)
the Court must provide for the creation of a special fund for
reparations intended to finance educational, training and psychological
medical care programs for the members of the Community;
implementation of such programs must be previously consented to by
interested parties and must adjust to their customs;
the
and
the
the
As regards to the other forms of reparation:
h)
to make over, for no consideration, to the Sawhoyamaxa Community
the lands claimed as their traditional habitat or part of their ancestral lands;
i)
to provide the claimed area with basic services, including drinking
water and sanitation facilities, a health center and a schooling institution;
j)
To provide the members of the Sawhoyamaxa Community with
permanent medical care and educational services that be culturally pertinent;
k)
to order the protection of lands the Community claims until the same
be effectively made over to them;
l)
to adopt in their domestic laws, the legislative, administrative or other
measures that may be necessary to create a judicial mechanism to enforce
the right of the indigenous peoples of Paraguay to own their traditional
habitat or ancestral lands;
m)
to make a public recognition of the Community and its members,
through a symbolic act, previously agreed upon with the representatives and
the victims, and
As regards to costs and expenses
n)
upon hearing the representatives, the Court must order the payment
of the domestic costs derived from the proceedings followed by the alleged
victims or their representatives, as well as the international costs for the
processing of the case before the Commission and before the Inter-American
Court that the representatives may duly prove.
Allegations by the representatives
202.
The representatives alleged that:
As regards to beneficiaries:
a)
Taking into account the decision of the Community, the compensatory
measures that may be ordered by the Court in its judgment must consider the