8
35.
The State submitted documentary evidence when it filed its reply to the
application and during public hearing in the instant case (supra paras. 12 and 21).7
36.
Bartomeu Melia i Lliteres, expert witness offered by the Commission and the
representatives, submitted documents when he made his statement before the InterAmerican Court at the public hearing in the instant case.8 (supra para. 21)
37.
The representatives and the State sent part of the documents requested as
evidence to facilitate adjudication of the case (supra paras. 25 and 27)
38.
The Commission, the representatives (supra para. 15) and the State (supra
paras. 15 and 20) sent the statements made as affidavits in response to the January
31, 2005 Order of the President (supra para. 14). The Court will now summarize the
significant parts of said statements.
a.
Statement by Albino Fernández, alleged victim
He is a member of the Yakye Axa Indigenous Community and he currently lives at
said Community, on the route between Pozo Colorado and Concepción. He has been
a teacher at the Community’s school since 1994.
When the struggle for the land began, he also began the struggle to establish a
school in the Community, which was recognized by the State as an “Indigenous
School,” with an allocation for payment of a teacher in 1996. This school is located
within the current settlement of the Yakye Axa Community and there are 57 boys
and girls regularly enrolled at this school. However, some children drop out of school
because they become ill or because they have no food or water and cannot endure
studying. Others have no clothes or shoes and are ashamed to attend classes under
those circumstances. The parents of most of the boys and girls have no jobs.
Furthermore, the members of the community cannot farm because their current
settlement is on a fringe of land that the authorities classify as a “public road” and
also because they have been forbidden from hunting, gathering firewood and water
from their lands. The parents and the teacher suffer for this reason.
The little house where the school operates is made with palm leaves, has a sod floor,
two blackboards and chairs with desks. This house is also the chapel. Due to its
conditions and structure, the school is especially affected during the rainy season.
The material used in the school is provided by the Governor’s Office and by the
Instituto Paraguayo del Indígena. This material is insufficient for the school year, so
the members of the Community seek additional material by means of donations.
The booklets and textbooks are provided by the Office of the Supervisor of
Indigenous Education of the Ministry of Education, and they are in Spanish and
7
See file with appendixes to the reply to the application, appendixes 1 to 14, volumes 3569 to
3751; file with documents submitted during the public hearing held on March 4 and 5, 2005, volumes 396
to 479; file with proceedings on the merits, reparations, and costs, Volume IV, volumes 887 to 897 and
905 to 907; book entitled “Atlas de las Comunidades Indígenas en el Paraguay”, Presidency of the
Republic, Technical Planning Secretariat. Paraguay, 2002, and book entitled “II Censo Nacional Indígena
de población y viviendas 2002. Pueblos Indígenas del Paraguay. Resultados finales”, Presidency of the
Republic, Technical Planning Secretariat. Paraguay, 2002.
8
See file with appendixes submitted by expert witness Bartomeu Melia i Lliteres during the public
hearing held on March 4 and 5, 2005, volumes 1 to 395.