68.
The Community is claiming an area of 10,700 hectares, which forms part of its
traditional territory, located within the Salazar Ranch, on the outskirts of an area
known as Retiro Primero or Mompey Sensap in the language of the Community.65
Although it forms part of the Community’s ancestral territory, the Community’s main
settlement until early 2008 (supra para. 66) was not part of the area of 10,700
hectares claimed.
69.
When the claim was filed, the land in question formed part of a farm owned by
Eaton y Cía. S.A.66 Towards the end of 2002, part of the territory claimed (3,293
hectares) was acquired by the Chortitzer Komitee Mennonite Cooperative.67
Consequently, the land claimed by the Community is currently the property of Eaton y
Cía. S.A. and the Chortitzer Komitee Mennonite Cooperative.68
70.
Following the failure of the administrative action, the leaders of the Community
went directly to the Congress of the Republic on June 23, 1999, to request the
expropriation of the lands claimed.69
71.
In view of this request, the owner of the property presented a report to
Congress stating that it was not necessary to expropriate the lands claimed, because
“the heart of the ranch [was] established on that part of the land, [and that] land was
available adjoining the area claimed.”70
72.
On November 16, 2000, the Paraguayan Senate rejected the bill to expropriate
the land claimed by the Community.71
65
The Community originally requested 6,900 hectares, then increased its request to 20,000 hectares,
and ultimately reduced its request to 10,700 hectares, “because it seemed that if we reduced it, the State
would be persuaded to return the land to us and also because some members of the Community, who could
not hold out any longer left.” Testimony of Marcelino López, supra note 63, folio 582. Similarly,
communication of the leaders of the Community addressed to the President of the IBR on November 11,
1993 (file of appendices to the application, appendix 3, tome III, folio 898), and request of the Community
to the IBR on September 28, 1990 (file of appendices to the application, appendix 3, tome II, folio 780).
66
Cf. Report on the site visit carried out by Pastor Cabanellas (engineer), supra note 62, folios 791 to
795.
67
Cf. Testimony of Roberto Carlos Eaton Kent, supra note 56, folio 662; testimony of Clemente
Dermott, supra note 63, folio 647: press release of April 3, 2003, entitled, “Sawatzky dice que desconocía
reclamo de Enxet” [Sawatzky says he was not aware of Enxet claim] (file of appendices to the application,
appendix 3, tome IV, folio 1584); press release of April 1, 2003, entitled “Menonitas ofrecen al INDI tierra
reclamada por nativos” [Mennonites offer the INDI land being claimed by indigenous peoples] (file of
appendices to the application, appendix 3 tome IV, folio 1583); press release of January 7, 2003, entitled
“Eaton & Cía. vendió tierra reclamada por indígenas” [Eaton & Co. sold land claimed by the indigenous
peoples] (file of appendices to the application, appendix 3, tome IV, folio 1576), and press release of
February 7, 2003, entitled “Nativos insisten en recuperar tierras vendidas a menonitas” [Indigenous peoples
insist in recovering land sold to Mennonites] (file of appendices to the application, appendix 3, tome IV, folio
1575).
68
Cf. Testimony of Roberto Carlos Eaton Kent, supra note 56, folio 662; testimony of Marcelino López,
supra note 63, folio 581; expert testimony of Sergio Iván Braticevic, supra note 17, folios 948 and 949, and
expert testimony of Antonio Spiridinoff before notary public (merits file, tome II, folio 614).
69
Cf. Expropriation request made by the Community on June 23, 1999, addressed to the Senate of
the Congress of the Republic (file of appendices to the application, appendix 3, tome IV, folios 1837 to
1846).
70
Cf. Report entitled “Salazar Ranch frente a un pedido de expropiación” supra note 56, folio 3792).
71
Cf. Resolution No. 693 of the Senate of the national Congress (file of appendices to the application,
attachment 5, folio 2384). On September 23, 2000, the Senate’s Agrarian Reform and Rural Welfare
Committee recommended the approval of the expropriation in favor of the Community; however, on
November 9, 2000, it retracted this opinion (Cf. Opinion No. 11-2000/2001 of November 9, 2000, of the
Agrarian Reform and Rural Welfare Committee, file of appendices to the application, attachment 5, folio
2382); bill presented to the Senate on June 25, 1999 (file of appendices to the application, attachment 5,
18