relevant traditional territory is not that of their ancestors but that of the Community
itself.
96.
Expert witness Braticevic stated that the Enlhet-Enenlet family has “inhabited
this area of the Chaco since time immemorial” and that no objections were raised to
the determination of the ancestral territory of the Xákmok Kásek Community around
the said ranch.”108 Additional support for this is to be found in the map of the EnlhetEnenlhet villages presented by the representatives, where an area called Lha’acmeCaasec is identified as one of its villages.109
97.
In addition, in keeping with the history of the indigenous communities in the
Paraguayan Chaco (supra paras. 56 to 63), many indigenous villages, among them the
Community’s ancestors, settled around the above-mentioned religious missions and in
the centers of the cattle ranches.110 In the specific case of the Xákmok Kásek
Community, in 1939, a religious mission was founded in the place that gave its name
to the Community (supra para. 64). Tomas Dermott stated that “the Enxet-Lengua and
their encampment were there in Xákmok Kásek,” long before the arrival of the first
foreign occupant (supra para. 64).111 In addition, witness Rodrigo Villagra explained
that, when the Salazar Ranch was established, the private owner ordered the different
indigenous villages in the area to integrate and go to live near the core of the ranch in
order to have more control.112 Thus, as Tomás Dermott explained, the Sanapaná who
“camped and roamed as they wished [in this area], had small farms [and] hunted,”
“left their villages and went to look for work,” with some of them gathering close to the
core of the ranch (supra paras. 40, 65, and 66).113 The expert opinion presented by
the State endorses this version of the facts.114
98.
From the time of their settlement in the core of the Salazar Ranch up until
recent times (supra paras. 74 and 75), the members of the Community continued
roaming this traditional territory and using its resources, with certain limitations
imposed by the private owners. It was when the restrictions on mobility and traditional
subsistence activities became too onerous that the members of the Community
decided to leave and settle in the place known as “25 de Febrero” (supra paras. 75 to
78).
99.
Furthermore, the Court observes that the area currently claimed by the
Community around Retiro Primero (supra para. 68) constitutes a portion of that larger
traditional territory roamed by the Community and includes sites that are important
within the life, culture, and history of the Community.115
108
Expert testimony of Sergio Iván Braticevic, supra note 17, folio 4243.
109
Cf. Map Apcaoclha Chaco (“Chaco Region” in the Enlhet language) (file of attachments to the
pleadings and motions brief, tome VII, attachment 15, folio 2912).
110
Testimony of Rodrigo Villagrán Carron, supra note 17.
111
Cf. Testimony of Tomás Dermott, supra note 24, folio 597.
112
Cf. Testimony of Rodrigo Villagra Carron, supra note 17.
113
Cf. Testimony of Tomás Dermott, supra note 24, folio 597.
114
Specifically, Sergio Ivan Braticevic stated that “Salazar Ranch was a centripetal place for the
communities around it; although migration in search of work was a usual factor in the area.” Expert
testimony of Sergio Ivan Braticevic, supra note 17, folio 4245.
115
Tomás Dermott states that in Makha Mompena (a place located within the 10,700 hectares
claimed), “there were and still are many kinds of medicinal plants and plants for shamanic study. Many of
the Sanapaná shamans would go there in search of these plants, consume them and, thus, learn to heal;
many panaktema ‘remedies’ exist there. The Sanapanás also had many small farms in the area of Retiro
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