36
1.
Exhausting conciliation procedures for the owners of the land affected to offer the sale
of at least the amount of land required for the INDI to satisfy the needs for an indigenous
habitat in the place called Estancia Loma Verde, located at Km. 60 of the Concepción-Pozo
Colorado road.
2.
Based on the administrative and technical background, on the rulings of the Instituto
de Bienestar Rural and on the pertinent court rulings with regard to this dispute, to declare
the Yakye Axa Community to be in an emergency situation and to begin as soon as possible
steps to find and purchase other land, if the landowners definitely refuse to sell; for this, a
technical committee must be set up.80
50.43. On December 29, 2000 the INDI sent a note to the representative of “Florida
Agricultural Corporation”, “Livestock Capital Group INC” and “Agricultural
Development INC”, asking him to submit “an offer for the sale of 15,000 hectares of
the property of [said] firms […] claimed by the Enxet-Lengua people.” 81 It was not
possible to deliver said note to the addressee.
50.44. On August 23, September 8 and 22, October 7, and December 3, 1999, an on
February 29 and March 28, 2000, “Florida Agricultural Corporation”, “Livestock
Capital Group INC” and “Agricultural Development INC”, through their attorney,
reiterated that they were not interested in negotiating the sale of land and they
asked INDI for a ruling on this matter.82
50.45. In face of the above, the attorneys for the Yakye Axa Community asked the
INDI to rule “in favor of the claim by the Yakye Axa Community, finding the lands
that it requested to be part of their ancestral habitat, subject to return by the State
via expropriation, without detriment to the Community’s right to fair
compensation.”83
50.46. On May 23, 2000 the INDI sent to the IBR administrative file No. 7261/93,
pertaining to the territorial claim of the Yakye Axa Community, pursuant to the
80
See report No. 33 issued by the legal department of the Instituto Paraguayo del Indígena on
August 18, 1999 (file with appendixes to the application, appendix 4, volumes 1092 to 1096).
81
See note P.C. No. 500/99 addressed by the President of the Instituto Paraguayo del Indígena to
the representative of Florida Agricultural Corporation, Livestock Capital Group Inc. and Agricultural
Development Inc., on December 29, 1999 (file with appendixes to the application, appendix 4, volume
1117).
82
See brief by the representative of Florida Agricultural Corporation, Livestock Capital Group Inc.
and Agricultural Development Inc., to the President of the Instituto Paraguayo del Indígena on October 7,
1999 (file with appendixes, appendix 4, volumes 1114 to 1115); brief by the representative of Florida
Agricultural Corporation, Livestock Capital Group Inc. and Agricultural Development Inc., to the President
of the Instituto Paraguayo del Indígena on September 22, 1999 (file with appendixes to the application,
appendix 4, volumes 1106 to 1111); brief by the representative of Florida Agricultural Corporation,
Livestock Capital Group Inc. and Agricultural Development Inc., to the President of the Instituto
Paraguayo del Indígena on September 8, 1999 (file with appendixes to the application, appendix 4,
volumes 1102 to 1103); brief by the representative of Florida Agricultural Corporation, Livestock Capital
Group Inc. and Agricultural Development Inc., to the President of the Instituto Paraguayo del Indígena on
August 23, 1999 (file with appendixes to the application, appendix 4, volume 1099); brief by the
representative of Florida Agricultural
Corporation, Livestock Capital Group Inc. and Agricultural
Development Inc., to the President of the Instituto Paraguayo del Indígena on February 29, 2000 (file with
appendixes to the application, appendix 4, volumes 899 to 900); brief by the representative of Florida
Agricultural Corporation, Livestock Capital Group Inc. and Agricultural Development Inc., to the President
of the Instituto Paraguayo del Indígena on December 3, 1999 (file with appendixes to the application,
appendix 4, volumes 888 to 896), and brief by the representative of Florida Agricultural Corporation,
Livestock Capital Group Inc. and Agricultural Development Inc., to the Board of the Instituto Paraguayo
del Indígena on March 28, 2000 (file with appendixes to the application, appendix 4, volumes 913 to 914).
83
See note addressed by the Yakye Axa Community to the President of the Instituto Paraguayo del
Indígena el on April 12, 2000 (file with appendixes to the application, appendix 4, volumes 921 to 930).
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