reconstituted themselves socially and linguistically from a larger and more
heterogeneous base of groups and villages distributed throughout that territory.22
According to the expert testimony presented by the State, the Enlhet-Enenlhet have
inhabited the Chaco area since time immemorial and “at least three or four generations
of the Sanapaná, Enxet, and Angaité indigenous peoples have lived in the vicinity of
the areas known as Pozo Colorado, Zalazar, and Cora-í.23
40.
The process of colonizing the Chaco and the establishment of ranches forced
many of the surrounding indigenous villages to congregate around the ranches.
According to the evidence provided, the specific history of the Xákmok Kásek
Community reveals that members of the Sanapaná and Enxet villages, who were
traditionally found in the area where the Salazar Ranch was later established, gradually
departed from their original sites and began settling near the core of the ranch and
“there, the people gradually began mixing, intermarrying.”24 Rodrigo Villagra explained
that the Sanapaná and the Enxet “are similar peoples related linguistically, ethnically,
and geographically.”25 This geographic continuity was also revealed by several maps
presented to this Court by the representatives, which were never denied or
contradicted by the State.26
41.
Additionally, the Court notes that, although the State argued that it was only
because of the expert opinion of Sergio Iván Braticevic that it was able to elucidate the
alleged con Regarding fusion that arose with regard to the ethnic group to which the
Community belonged, the Atlas of Indigenous Communities of Paraguay, prepared by
State agencies in 2002, establishes that the composition of the Xákmok Kásek
Community is 73.7% Sanapanás, 18.0% Enxet-Sur, 5.5% Enlhet-Norte, 2.4% Angaité
and 0.4% Toba-Qom.27
42.
Finally, the members of the Community in this case identify themselves as
belonging to the Xákmok Kásek Community, composed above all by members of the
Sanapaná and Enxet-Sur people (previously known as Lenguas).28
22
Cf. Expert testimony of José Alberto Braunstein in the Case of the Yakye Axa Indigenous
Community v. Paraguay, supra note 5 (merits file, tome I, folios 270 to 702).
23
Cf. Expert testimony of Sergio Iván Braticevic, supra note 17, folio 4243.
24
Testimony of Tomás Dermott before notary public (merits file, tome II, folio 597), and testimony of
Rodrigo Villagra Carron, supra note 17.
25
Testimony of Rodrigo Villagra Carron, supra note 17.
26
Cf. Plan of the land belonging to the Quebrachales Paraguayos Corporation (file of attachments to
the pleadings and motions brief, tome VII, attachment 15, folios 2902 to 2905); 1908 map of Paraguay (file
of attachments to the pleadings and motions brief, tome VII, attachment 15, folios 2898 to 2901), and map
of the indigenous villages of the Chaco by Alfred Métraux (file of attachments to the pleadings and motions
brief, tome VII, attachment 15, folio 2913).
27
Cf. “Atlas de las Comunidades Indígenas en el Paraguay”: Second National Indigenous Peoples
Census: Xákmok Kásek Community-Salazar Ranch. Available at: http://www.dgeec.gov.py/Publicaciones/
Biblioteca/Web%20Atlas%20Indigena/Atlasindigena.htm (last visited, August 2010).
28
In its final arguments, the Commission indicated that “the Community is clearly identified as
regards its location and general composition; its members identify themselves as originating from Xákmok
Kásek” (merits file, tome III, folio 1025). For their part, the representatives indicated that “we have before
us a community of a multi-ethnic composition, where the Enxet (Lengua Sur) and Sanapaná families
predominate”; they added that “this has never been unknown to [the] representatives,” and they referred to
the contents of their brief with observations on merits before the Commission (merits file, tome III, folios
1055 and 1056 and file of appendices to the application, appendix III, tome IV, folios 1486 and 1487). Cf.
Testimony of Rodrigo Villagra Carron, supra note 17; testimony of Maximiliano Ruíz provided during the
public hearing on April 14, 2010, during the forty-first special session held in Lima, Peru, and testimony of
Antonia Ramírez provided during the public hearing on April 14, 2010, during the forty-first special session
held in Lima, Peru.
11