37 decision of the Board of Directors of the INDI during its regular meeting on May 17, 2000, and in response to a request by the firms that owned the real estate claimed by the Community.84 50.47. On June 5, 2000 the legal department of the IBR ruled that the file should be sent once again to the INDI, as “the records show that the INDI has reached no decision and has returned the records without specifying the procedure to be followed.” The legal department also underlined that the IBR asked the INDI to “[s]tate whether the indigenous people DO OR DO NOT HAVE A RIGHT TO THE LAND THEY CLAIM” (highlighted in the original text) and that it “[r]enew direct negotiation or recommend expropriation if appropriate.”85 For the aforementioned purpose, on June 8, 2000 the IBR returned administrative file No. 7261/93 to the INDI.86 50.48. On June 14, 2000 the Yakye Axa Community, through its attorneys, asked the INDI to forward administrative file No. 7261/93 both to the legal department and to that institute’s Socio-Anthropological department, for them to issue their opinion on the issues raised by the IBR.87 (supra para. 50.47) 50.49. On August 8, 2000 the President of the Board of Directors of the INDI issued a ruling in which he decided, among other things, to “once again forward file No. 7261/93 to the Instituto de Bienestar Rural (IBR), providing information on the content of Opinion No. 33/99 [supra para. 50.42] of this Institution’s legal department, attaching a certified copy of that Opinion and ending the administrative procedure with regard to the instant file, at said Institution.”88 50.50. In face of the above, the Yakye Axa Community, through its attorneys, filed a request for review of this ruling, and this remedy was rejected on August 28, 2000 by the President of the Board of Directors of the INDI.89 50.51. On September 13, 2000 the Board of Directors of the INDI annulled said decision of the President of the Council and asked the IBR to forward administrative file No. 7261/9390 (supra para. 50.49). On October 10, 2000 the legal department of 84 See note P.C. No. 348/00 addressed by the President of the Instituto Paraguayo del Indígena to the President of the Instituto de Bienestar Rural on May 23, 2000 (file with appendixes to the application, appendix 4, volume 1126). 85 See report No. 737 issued by the legal department of the Instituto de Bienestar Rural on June 5, 2000 (file with appendixes to the application, appendix 4, volume 1127). 86 See note S.G. No. 269 by the Secretary General of the Instituto de Bienestar Rural to the General Secretariat of the Instituto Paraguayo del Indígena on June 9, 2000 (file with appendixes to the application, appendix 4, volume 1132). 87 See note addressed by the Yakye Axa Community to the President of the Instituto Paraguayo del Indígena on June 14, 2000 (file with appendixes to the application, appendix 4, volume 1133). 88 See ruling P.C. No. 363/00 issued by the President of the Instituto Paraguayo del Indígena on August 8, 2000 (file with appendixes to the application, appendix 4, volumes 1138 to 1143). 89 See ruling P.C. No. 407/00 issued by the President of the Instituto Paraguayo del Indígena on August 28, 2000 (file with appendixes to the application, appendix 4, volumes 1157 to 1160). 90 See decision No. 37/2000 issued by the Board of Directors of the Instituto Paraguayo del Indígena on September 13, 2000 (file with appendixes to the application, appendix 4, volumes 1164 to 1165).

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