35
2. The IBR may review the decision set forth in the previous Article, insofar as there is
evidence that said property is no longer under productive permanent use or if new
circumstances arise that make it appropriate, in accordance with the law, to do so.
3. To forward the instant file to the Instituto Paraguayo del Indígena (INDI) for it to be
studied in the broader framework of Law 904/81 Statute of the Indigenous Communities the
application of which falls under that body’s sphere of competence.74
50.39. On September 28, 1998 the IBR forwarded administrative file No. 7261/93 to
the INDI.75
50.40. On October 26, 1998 the legal department of the INDI stated that “the instant
file [must be] analyzed in the broader framework of Law [No.] 904/81 and [that]
without setting aside the right to private property, it [should] facilitate by all legal
means a fair agreement with the owners, to recover the natural habitat for the
indigenous people as soon as possible.”76 A new visual inspection of Loma Verde
estate took place on November 17, 1998, and participants included the members of
the Board of Directors of the INDI, Emilio Caballero and Andrés Chemehi, who
submitted a report to the President of the Council, on February 9, 1999. Together
with this report, they submitted a census of the members of the Community who
were living alongside the road to Pozo Colorado, and several pictures of the estates
they visited.77 This report was challenged by “Florida Agricultural Corporation”,
“Livestock Capital Group INC” and “Agricultural Development INC”, who also recused
Emilio Caballero.78
50.41. On November 26, 1998, through their attorney, said firms submitted a brief in
which, inter alia, they complained of “the attitude of certain members of the Yakye
Axa Indigenous Community at the time of the visual inspection” of their estates and
they rejected “any new dialogue with the members of that indigenous Community or
their representatives, bearing in mind that the position of both parties is fully stated
in […] the records.”79
50.42. On August 18, 1999 the legal department of the INDI issued opinion No.
33/99, in which it recommended that a ruling be issued as follows:
74
See decision No. 755 issued by the Board of the Instituto de Bienestar Rural on September 8,
1998 (file with appendixes to the application, appendix 4, volumes 826, 827 and 829).
75
See note A. No. 323 addressed by the President of the Instituto de Bienestar Rural to the
President of the Instituto Paraguayo del Indígena on September 28, 1998 (file with appendixes to the
application, appendix 4, volume 834).
76
See report No. 122 issued by the legal department of the Instituto Paraguayo del Indígena on
October 26, 1998 (file with appendixes to the application, appendix 4, volume 838).
77
See visual inspection report prepared by Emilio Caballero and Andrés Chemehi, members of the
Board of Directors of the Instituto Paraguayo del Indígena on February 9, 1999 (file with appendixes to
the application, appendix 4, volumes 864 to 874).
78
See recusation brief submitted by the representative of Florida Agricultural Corporation, Livestock
Capital Group Inc. and Agricultural Development Inc. against Emilio Caballero, member of the Board of
Directors of the Instituto Paraguayo del Indígena, April 2000 (file with appendixes to the application,
appendix 4, volumes 958 to 968).
79
See note addressed by the representative of Florida Agricultural Corporation, Livestock Capital
Group Inc. and Agricultural Development Inc., to the President of the Instituto Paraguayo del Indígena on
November 26, 1998 (file with appendixes to the application, appendix 4, volumes 848 to 856).
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