7 given the involvement of the Inter-American Commission on Human Rights and the interest of the Paraguayan State in attaining a friendly settlement. 14 The second expropriation request was rejected by the Senate. In this case, the senators, exercising their constitutional authority, did not find that the social problems of the Yakye Axa Community could be solved exclusively by expropriation of the farms mentioned in the bill. The minute of the regular meeting of June 27, 2002 does not reflect non-recognition of the rights of the indigenous community to landholding, but rather rejection of expropriation of the farms of Estancia Loma Verde. Senator Rachid Lichi, specifically, mentioned the provisions of Law 904, which in fact require, for expropriation of private lands, that they be occupied by the community benefiting from the expropriation. 15 21. When they rejected the aforementioned expropriation bill, the Senators acted on the basis of the conviction that their decision was based on their constitutional authority, pursuant to the respective provisions of domestic legislation. However, in their decision to reject the bill, the Senators did not refer to any of the provisions of Articles 63 and 64 of the National Constitution, which are not reflected in laws that enable effective exercise of the rights acknowledged therein. Insisting on expropriation of those same farms, in the framework of existing legislation, without correcting the aforementioned gaps, may be ineffective, insofar as the legislators can resort to the same reasoning, based on constitutional provisions, to once again reject the expropriation, even though this possible decision could reproduce existing inequalities and once again the law could be at odds with justice. 22. Based on the grounds set forth above, I disagree with the judgment insofar as it asserts that the State violated, to the detriment of the Yakye Axa Community of the Enxet-Lengua people, the right to property embodied in Article 21 of the American Convention. The steps taken to ensure the right to property of the Yakye Axa Community were not effective due to the domestic legal gaps, and due to inappropriate procedures, especially the insistence on claiming a single space regarding the traditional territory; in connection with this point, we must bear in mind that the testimony as a whole leads to the conclusion that at times the State did not carry out consultations with the Community when it took steps to purchase lands for the Community, but at other times it did but without attaining acceptance by the Community, which insisted on acquiring Loma Verde; this leads to the need to establish a difference, in terms of legal provisions, between consultation and consensus. 23. Given the delays to date, the State of Paraguay must ensure, within a reasonable time, the right to community property of the land in accordance with the demands of the Yakye Axa Community. The land for the community must be located within the ancestral territory of the Chanawatsan group of the Enxet-Lengua people Note by the Members of Congress who proposed the bill, received on November 17, 2000, file 3886, leaf 2. 14 Minutes of the Regular Meeting of the Senate on June 27, 2002. Payment of fair compensation for expropriation of a farm with modern facilities, in accordance with domestic legislation and Article 21 (2) of the American Convention, would in fact limit the possibility of the State to intervene with the aim of protecting the rights of other indigenous communities entitled to said protection. 15