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to visit the communities to explain that they had the right to claim there lands, and
practically every community decided to explore the possibility of claiming them.
In 1993, most members of the Yakye Axa Community decided to claim their lands.
Also, in 1996 Tomás Galeano, with a small group of members of the Community,
returned to Loma Verde estate. At that time several indigenous families lived in
Estancia Loma Verde; however, the group led by Tomás Galeano was unable to
enter, for which reason they were forced to establish their settlement alongside a
public road, facing said estate. Several months later, spontaneously, almost all the
Community decide to settle alongside the public road.
The members of the
Community did not receive external support to move there, but rather paid for this
themselves. The Yakye Axa Community chose the land they wanted to claim on their
own, where their settlement had been, where they, their parents and their
grandparents were born.
The Yakye Axa Community is a longstanding community. After they left El Estribo,
the members of that Community visited Estancia Loma Verde, stayed there several
weeks, fishing and hunting. The members of the Yakye Axa Community always
spoke sadly of the fact that they had left their land to settle on the land at El Estribo,
which was actually not good for anything, much less for agriculture.
e.
Rodrigo Villagra Carrón, witness
In 1993, the Yakye Axa Community began to claim its lands before the Instituto
Paraguayo del Indígena and the Instituto de Bienestar Rural. At that time, the
Community requested 15,000 hectares in the area of its traditional habitat, which
includes the Loma Verde, Ledesma, and Maroma estates. Subsequently, this claim
focused on the complete surface of Loma Verde estate, 18,000 hectares. In 1997,
the Instituto Paraguayo del Indígena requested the drafting of an anthropological
report that subsequently corroborated that the area claimed by the Community
constituted its traditional habitat. That same year, the Instituto de Bienestar Rural
conducted a visual inspection that declared that the land claimed was under rational
use, for which reason it transferred the file to the Instituto Paraguayo del Indígena.
The Instituto Paraguayo del Indígena raised the possibility of expropriation of those
lands, arguing that they are part of the Community’s traditional habitat and that this
right can be exercised by other than private individuals, as the Community is prior to
establishment of the State.
In 2000, there were hearings for a friendly settlement between the Yakye Axa
Community and the owners of the land; however, the latter refused to sell it. The
Community requested expropriation of Estancia Loma Verde. That same year a bill
was submitted to expropriate the 18,000 hectares of Estancia Loma Verde, which
was ultimately rejected by the congressional committees that dealt with the agrarian
reform, for which reason the bill was not discussed in the plenary.
Subsequently, the Executive submitted another expropriation bill to the Senate,
which discussed it and finally decided to reject it.
In 1993 the Yakye Axa Community asked the Instituto Paraguayo del Indígena to
acknowledge its leaders. The State took three years to grant said acknowledgment,
while this could have been done in a few months. In 1998, the Community
requested its legal status and the Instituto Paraguayo del Indígena only granted it in
2001.