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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