27. The State also provided information to the Commission on Presidential Decree No. 3789/99 of June 23, 1999, which declared the Sawhoyamaxa Community to be in a state of emergency and ordered that it be provided health and food assistance. The Decree establishes, in part, as follows: That the Sawhoyamaxa community of the Enxet people, made up of 63 families, currently makes a claim of 15,000 hectares of its traditional territory, and, as they await the solution to their claim by the state agencies, several families of the community are settled alongside the route that runs from Pozo Colorado to Concepción, along the border of the lands claimed, at kilometer 100 of that section. That these communities are deprived of access to the traditional means of subsistence linked to their cultural identity, by the owners’ refusal to allow them to enter the habitat they claim as part of their ancestral territories. That this circumstance, currently before administrative and judicial fora, hinders the normal development of the life of these native communities, due to the lack of minimal and essential food and medical care is a matter of concern to the Government that demands an urgent response. That, it being in the public interest to protect the preservation of the indigenous peoples of the nation in keeping with clear provisions contained in chapter V of the National Constitution, laws 904/84 “Status of the indigenous communities,” and 234/93, “Approving ILO Convention 169,” and it being an obligation of the State to provide public assistance and relief to prevent and treat cases of peremptory needs, in keeping with the above-noted law, to the Yakye Axa and Sawhoyamaxa Indigenous Communities. THEREFORE, THE PRESIDENT OF THE REPUBLIC OF PARAGUAY DECREES: Article 1. It is hereby declared that the Yaxye Axa and Sawhoyamaxa indigenous communities of the Enxet-Speaking People of the District of Pozo Colorado of the Department of Presidente Hayes, Paraguayan Chaco, are in a state of emergency. Article 2. It is ordered that the Instituto Paraguayo del Indígena in conjunction with the Ministries of Interior and Public Health and Social Well-being carry out the corresponding actions immediately to provide medical care and food assistance to the families that make up the communities indicated, for the duration of the judicial proceedings regarding the legislation on the lands claimed as part of their traditional habitat. 28. As for the process in respect of the claim, the State reported that the lands requested by the Indigenous Community were declared to be part of their traditional habitat by the INDI; nonetheless, it stated in its brief of February 10, 2003, that the owner of the area requested by the Indigenous Community is a German investor who has repeatedly communicated to the government authorities his refusal to sell his property to the INDI, for it to be subsequently transferred to the Community. It adds that the owner of the property is protected by a treaty between the Republic of Paraguay and the Federal German Republic on fostering and providing mutual protection for capital investments, which was approved by the Legislative branch, and promulgated by the Executive, which provides that “the capital investments of nationals or corporations of one of the Contracting Parties may not, in the territory of the other Contracting Party, be expropriated, nationalized, or subjected to other measures which, in their repercussions, are equivalent to expropriation or nationalization, other than for public use or interest, and in such case compensation must be paid.” 5