48
Community cannot cultivate or practice their traditional subsistence activities in the
area of settlement. Furthermore, they are not allowed to enter the lands they claim
to be traditionally theirs, to hunt wild animals, fish, gather fruit, honey and water,
among others. To obtain food, the men in the Community have to make long trips to
hunt and fish in other areas.155 This situation is worsened by the fact that few
members of the Community have jobs or any type of income,156 for which reason
their source of food has depended primarily on the goodwill of State agencies and
private institutions.157
50.94. In this settlement, the members of the Yakye Axa Community do not have
minimum basic services. The dwellings are precariously built with Karanda’y, a type
of palm in the Chaco region, and tin roofing or pieces of plastic, for which reason
they are especially affected by seasonal changes. Each dwelling has on average five
inhabitants. They have no electricity, they use firewood to cook, and they light the
place with candles and oil lamps.158
50.95. The members of the Community have no access to clean water and the most
reliable source of water is that collected during rainfall. The water they regularly use
comes from deposits (“tajamares”) located in the lands they claim; however, it is
used both for human consumption and for personal hygiene and it is not protected
from contact with animals.159
50.96. At this settlement, the members of the Community have no toilets or sanitary
facilities of any sort (latrines or septic tanks), for which reason they use the open
fields for their physiological needs, which makes the hygienic conditions of the
settlement very deficient.160
155
See testimony of Esteban López rendered before the Inter-American Court during the public
hearing held on March 4, 2005, and testimony of Inocencia Gómez rendered before the Inter-American
Court during the public hearing held on March 4, 2005.
156
See testimony of Esteban López rendered before the Inter-American Court during the public
hearing held on March 4, 2005, and book entitled “Atlas de las Comunidades Indígenas en el Paraguay”,
Presidency of the Republic, Technical Planning Secretariat. Paraguay, 2002 (file with documents submitted
during the public hearing held on March 4 and 5, 2005, Volume II, page 404).
157
See vouchers of purchase and delivery of food to the Yakye Axa Community (file with appendixes
to the application, appendix 3, volumes 144 to 179); vouchers of purchase and delivery of food to the
Yakye Axa Community by the representatives (file with appendixes to the final written pleadings, volumes
480 to 783); testimony of Esteban López rendered before the Inter-American Court during the public
hearing held on March 4, 2005, testimony of Inocencia Gómez rendered before the Inter-American Court
during the public hearing held on March 4, 2005, and expert opinion of Pablo Balmaceda rendered before
the Inter-American Court during the public hearing held on March 4, 2005.
158
See expert opinion of Pablo Balmaceda rendered before the Inter-American Court during the
public hearing held on March 4, 2005; public health medical report on the Yakye Axa Community prepared
by Pablo Balmaceda (file with appendixes to the brief with pleadings and motions, appendix 1, volumes
1555 to 1563), and book entitled “Atlas de las Comunidades Indígenas en el Paraguay”, Presidency of the
Republic, Technical Planning Secretariat. Paraguay, 2002 (file with documents submitted during the public
hearing held on March 4 and 5, 2005, Volume II, page 404).
159
See expert opinion of Pablo Balmaceda rendered before the Inter-American Court during the
public hearing held on March 4, 2005; public health medical report on the Yakye Axa Community prepared
by Pablo Balmaceda (file with appendixes to the brief with pleadings and motions, appendix 1, volumes
1555 to 1563), and testimony of Inocencia Gómez rendered before the Inter-American Court during the
public hearing held on March 4, 2005.
160
See public health medical report on the Yakye Axa Community prepared by Pablo Balmaceda (file
with appendixes to the brief with pleadings and motions, appendix 1, volumes 1555 to 1563), and expert
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