53 the respective remedies in accordance with the applicable Paraguayan laws regarding indigenous peoples’ claims to their traditional lands; d) the argument made by the State in the sense that the Yakye Axa Indigenous Community exists since the Executive granted it legal status is contrary to Paraguayan domestic legislation, which acknowledges the existence of indigenous peoples prior to establishment of the State itself. Recognition of legal status is merely a way to effect the transfer of lands claimed by specific indigenous communities; e) the administrative remedy foreseen to solve the land claim by the Yakye Axa Indigenous Community, in accordance with the procedure set forth in Law No. 904/81, has not been effective to attain a definitive solution to the Community’s land claim. Likewise, the steps taken by the Community in 2000 and by the Executive itself in 2002 before the Paraguayan Legislative, by submitting bills for expropriation of the area claimed, have not been effective either; f) Paraguayan legislation does not include an effective legal remedy to protect the legitimate territorial claims of the indigenous peoples of Paraguay. If steps taken before the Executive (territorial claim) or before the Legislative (expropriation) are not effective, those affected, in this case the Yakye Axa Community and its members, have no effective legal remedy to exercise their rights, and g) Ineffectiveness of those procedures has meant, specifically, that the State has not ensured the right of the Yakye Axa Community to ownership of its ancestral territory. Pleadings of the representatives 53. With regard to Articles 8 and 25 of the Convention, the representatives alleged that: a) In the domestic proceeding to recover ancestral territory, begun by the Yakye Axa Community before the Paraguayan authorities, the principle of a reasonable term, embodied in Article 8(1) of the Convention, was not respected. Registration of the leaders of the Yakye Axa Community took three years, while the term allowed for this registration, pursuant to the provisions of Article 12 of Law No. 904/81, is 30 days. Complexity was, in this case, minimal, and the legal representatives of the Community attached to the registration request the documents required by domestic legislation. Recognition of the legal status the Yakye Axa Community also took three years to become effective. The Community made the request before the INDI on May 21, 1998, but legal status was only granted on December 10, 2001. This act of recognition of legal status is only a requirement to make the title to ancestral land that belongs to the indigenous communities effective, and it is not a requirement to declare the existence of the communities or to begin the procedure to claim their ancestral lands; b) the request to recover ancestral territory was submitted by the Community on October 13, 1993 and to date, almost twelve years after it was submitted, the State has not given a definitive answer to the Community’s

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents