A/HRC/30/41/Add.1
relevant permits and of any works, projects or activities on the claimed lands,
including privately owned property.
90. The Special Rapporteur recommends that the Government take the
necessary measures to ensure the favourable settlement, as a matter of urgency,
of the land claim submitted to the National Institute for Indigenous Peoples
(INDI) in 1999 by the Avá Guaraní community of Y’apo. The authorities should
guarantee the personal safety of the community’s members while their claim is
being settled, investigate and punish those responsible for the attacks perpetrated
against the community and ensure that the community receives just reparation
for the damages it has sustained.
91. The Special Rapporteur also recommends that the Government take all
necessary measures to finally give effect to the conveyance of the lands awarded
to the Mbyá Guaraní community of Cheiro Ara Poty.
92. The Special Rapporteur recommends that a dialogue be established among
all stakeholders, including the indigenous peoples concerned, in the cases relating
to indigenous communities that have been affected by the construction of the
Yacyretá dam with a view to developing a plan for the provision of reparation
and compensation and a strategy for its implementation. The Special Rapporteur
recalls the right of indigenous peoples to obtain reparation by means of the
recovery of the lands or territories that they had previously owned or utilized and
had lost without their consent and, if this is not possible, by means of the award
of lands, territories and resources that are of a quality, size and legal status
similar to those that they had previously owned or occupied.
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