4 Indigenous peoples may not be moved or removed from their habitat without their explicit consent. 13. With regard to the right to private property, the American Convention provides that: 1. Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society. 2. No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law. 3. Usury and any other form of exploitation of man by man shall be prohibited by law. Article 109 of the National Constitution states: Private property is guaranteed, and its content and limits will be set by law, taking into account its economic and social function, with the aim of making it accessible to all. Private property cannot be violated. No one can be deprived of his property unless this is ordered by the courts, but there may be expropriation for reasons of public utility or social interest, and this will be established in each case by the law. The law will guarantee prior payment of fair compensation, established by conventional means or by the decision of a court, except in the case of non-productive latifundia, in accordance with procedures for expropriation set forth in the law. 14. Individuals entitled to private property include both the indigenous people of the Yakye Axa community and the other indigenous peoples, as well as all citizens, in the framework of the principle of equality of all persons, enshrined in Article 46 of the National Constitution, which states: “All inhabitants of the Republic are equal in dignity and rights, and no discrimination is allowed. The State will remove obstacles and impede factors that maintain or foster discrimination. Protection established regarding unfair inequalities will not be considered discriminatory factor, but rather an egalitarian one.” Those requiring positive discrimination, in the Paraguayan context, include at least 2,000 indigenous families in the Chaco and 2,000 families in the Eastern Region who are landless, as well as some 100,000 landless peasant families living in extreme poverty. In my view, the provisions of the American Convention must be interpreted in this context. 15. Law 904/81, prior to the 1992 National Constitution, regulates access of indigenous communities to community landholding. In Article 8, it provides that, after completing the established procedures, “legal personality of the indigenous communities that existed before enactment of this law will be recognized, as well as that of indigenous families regrouping in communities to benefit from it.” In the latter case, the minimum amount of indigenous families is 20 (Article 9). With regard to settlement of the indigenous communities, Law 904 provides the following: Article 14. Settlement of the indigenous communities will take into account insofar as possible current or traditional possession of land. Free and express consent of the indigenous community will be essential for their settlement in places other than their territories, except for reasons of national security.