95
of which programs must be previously consented to by the interested parties
and must adjust to their customs;
As regards to the other forms of reparation:
h)
The main satisfaction measure to be ordered to the State is the
restitution of their traditional habitat, notwithstanding which this order may
be extended so as to include full restitution of the right to use other lands
adjoining those that have been claimed. Furthermore, the lands that are
claimed in restitution and their natural resources must be subject to a
preliminary protective order until they are effectively made over to the
Community;
i)
As security for the fulfillment of the preceding item, the State shall be
ordered to set up a fund to cover the payment of the lands to be purchased,
on the basis of the average market value of the lands located in the area that
is claimed, and to be figured out taking into account the total minimum area
that the Community claims, i.e. 14,404 hectares.
j)
Taking into account the urgency of the situation, the State has to
provide the area claimed by the Sawhoyamaxa Community with basic
services, including drinking water and sanitation facilities, a health center and
a schooling institution;
k)
As a measure aimed at improving the material living conditions, the
State shall be ordered to provide medical care to the members of the
Community, as well as to guarantee them the exercise of their right to
education;
l)
In order to dignify the Community and their members, the State shall
be ordered to organize a public recognition act;
m)
In view of the lack of personal identification, the State shall be ordered
to field a campaign aimed at providing identification documents to all the
members of the Community;
n)
As a non-repetition guarantee, the State shall be ordered to enact an
effective remedy enabling the indigenous peoples of Paraguay to access their
traditional habitat pursuant to the rights granted them under domestic
legislation;
o)
As a guarantee for the victims and for the purpose of monitoring
compliance by the State of the reparations ordered, the State shall be
ordered to develop an official follow-up procedure;
As regards to costs and expenses:
p)
The State shall pay for the domestic costs and expenses arising from
judicial, administrative and legislative actions and proceedings that have been
followed by the alleged victims or their representatives in the national venue,
as well as the international costs and expenses derived from the processing of
the case before the Commission. As there is no documentary evidence of such