(1932 – 1935), and before the arrival of the first foreign residents “the Enxet-Lengua
and their encampment were in Xákmok Kásek.”57
65.
According to the evidence provided, the Xákmok Kásek Community is composed
of 66 families with a total of 268 individuals;58 it was created from members of the
Sanapaná villages who traditionally inhabited and roamed the area subsequently
occupied by the Salazar Ranch, and members of the Enxet village located there who
gave their name, which means “many little parrots,”59 to the Community, as well as by
the Dermott family, of Enxet descent, who arrived in the area in 1947.60
66.
When the indigenous people from different villages gathered near the core of
the Salazar Ranch, which was close to the place called Xákmok Kásek, they gradually
began to intermingle (supra para. 40). Between 195361 and March 2008, the
Community’s main settlement was in the core of the Salazar Ranch, at Km. 340 of the
Trans-Chaco Highway, in the Pozo Colorado district, President Hayes department, in
the western region of the Chaco.62
67.
On December 28, 1990,63 the Community’s leaders filed an administrative
action before the Rural Welfare Institute (IBR) (currently Land and Rural Development
Institute (INDERT), hereinafter “IBR” or “INDERT”), in order to recover their traditional
lands under the provisions of Law No. 904/81 the “Indigenous Communities Statute.”64
57
Cf. Testimony of Tomás Dermott, supra note 24, folio 597.
58
Cf. Census of the Community updated to October 16, 2009, (file of attachments to the pleadings
and motions brief, tome VI, attachment 10, folios 2762 to 2783); Census of the Xákmok Kásek Community,
settled on 1,500 hectares, undated (file of attachments to the answer, attachment 6(2), tome VIII, folios
3618 to 3626); Census of the Indigenous Community prepared by the representatives, updated to August
30, 2008 (file of appendices to the application, appendix 3, tome I, folios 320 to 336), and Salazar
Indigenous Peoples Census, February 2008 (file of attachments to the answer, attachment 6(2), tome VIII,
folios 3221 to 3617).
59
On some occasions, it was translated as “little parrots’ nest” (application brief, merits file, folio 23);
on other occasions “little birds’ nest” (testimony of Maximiliano Ruíz, supra note 28.). Also, the private
landowners explained that the Salazar Ranch has been known by different names, including, “Estancia
Laguna Koncit,” which appears to mean “place of many parrots” in Enlhet. Cf. “Una breve reseña histórica de
los Kent, Mobsbye, Eaton en el Chaco.” Fortin Juan de Salazar and Espinoza (file of attachments provided by
the State at the public hearing, attachment X, tome IX, folio 3836).
60
Cf. Testimony of Tomás Dermott, supra note 24, folios 594 to 596. The State indicated that the
Xákmok Kásek Community was relatively new and had separated from a pre-existing community “whose
original place of residence was constituted by an area known as Misión Inglesa and ‘El Estribo.’” However, it
did not provide evidence to support this argument (answer to the application, merits file, tome 1, folios 370
and 371).
61
Cf. Socio-Anthropological Report on the Xakmok Kasek Community, supra note 56, folio 841, and
testimony of Tomás Dermott, supra note 24, folio 597.
62
Cf. CEADUC Anthropological Report, supra note 55, folio 735; Socio-Anthropological Report on the
Xákmok Kásek Community, supra note 56, folios 838 to 853; Report of site visit carried out by Pastor
Cabanellas (engineer) on May 17, 1991 (file of appendices to the application, appendix 3, tome II, folios 791
to 793), and report of the expanded site visit on September 22, 1992 (file of appendices to the application,
appendix 3, tome III, folio 883).
63
According to the representatives, in 1986, Ramón Oviedo, leader of the indigenous community,
asked the INDI for 200 hectares, part of its ancestral lands; however, the INDI did not process this request.
This affirmation was not denied or contested by the State (merits file, folio 231). Moreover, according to
Community leaders Marcelino López and Clemente Dermott, deponents before this Court, the case file
corresponding to this initial request was mislaid and a new request was therefore filed in 1990. Cf.
Testimony of Marcelino López before to notary public (pleadings and motions brief, merits file, tome II, folios
231 and 582, and testimony of Clemente Dermott before a notary public on March 25, 2010 (merits file,
tome II, folio 645).
64
Cf. Law 904/81 Indigenous Communities Statute of December 18, 1981 (file of appendices to the
application, appendix 7, folios 2399 to 2425).
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