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Article 10.- The Institute, within no more than thirty days, will request recognition of
the legal status before the Executive, through the Ministry of National Defense.
Article 11.- The Institute will record the Decree that recognizes the legal status of an
Indigenous Community in the National Registry of Communities and will issue an
authenticated copy to the interested parties.
Article 20.- Once the legal status of an indigenous Community has been recognized, it
will receive the land free of cost, undivided and unencumbered, and the deed will be
recorded in the Agrarian Registry, General Property Registry and National Registry of
Indigenous Communities. The title deed transferring ownership will be prepared in
accordance with the provisions of Article 17 of this Law.
Article 27.- Once the legal status of an indigenous Community has been recognized, the
State will transfer the appropriate real estate for its benefit, in the manner set forth in
Article 19.
71.
The Court has established that steps began to be taken before the INDI on
May 21, 1998 for recognition of the legal status of the Yakye Axa Community (supra
para. 50.19).
72.
The decree that recognized the legal status of the Community was issued on
December 10, 2001, that is, three years, six months and 19 days later (supra para.
50.22).
73.
The Court deems that the complexity of this proceeding was minimal and that
the State has not justified said delay; therefore, the Court finds it to be
disproportionate.
iii.
74.
Administrative procedure for land claims
Article 64 of the Paraguayan Constitution establishes that
[i]ndigenous peoples have the right to communal ownership of the land, of a sufficient
extent and of sufficient quality for conservation and development of their own manner of
life. The State will provide these lands to them free of cost, and these will be nonencumberable, untransferable, inextinguishable, and they cannot serve as guarantees for
contractual obligations or be rented; also, they will not be subject to taxation.
Indigenous peoples may not be moved or removed from their habitat without their explicit
consent.
75.
Law No. 904/81 establishes the procedure to follow to claim private lands.
The pertinent provisions state that:
Article 24.- Requests regarding private lands for settlement of indigenous communities
will be made by the community itself, or by any indigenous community member or any
promoter of indigenous cultures with legal status, directly before the I.B.R. or through
the Institute.
Article 25.- The request will include the same requirements set forth in Article 22, para.
a) including the name and surname of the owners of the property occupied by the
indigenous community members. The procedure will be the one set forth in that same
article.
Article 26.- In cases of expropriation, the procedure and compensation in accordance
with the Constitution and the Law and resources for payment of compensation will be
provided for in the General National Budget.
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