determination to continue the struggle to reclaim [their] remaining territory; that is, a total of 10,700 hectares.”83 77. On February 25, 2008, due to the increase in difficulties on the Salazar Ranch, the members of the Community moved and settled on the 1,500 hectares ceded by the Angaité communities. This new settlement was called “25 de Febrero,”84 and is outside the lands claimed.85 78. To date, title to the “25 de Febrero” lands, where they are currently settled, has not been granted to the Xákmok Kásek Community. 79. Upon moving from their old settlement, some members of the Community separated from it and moved to other communities.86 1.3. Declaration of part of the claimed land as a private nature reserve 80. On January 31, 2008, the President of the Republic declared 12,450 hectares of the Salazar Ranch a private protected nature reserve for five years.87 Of the land included, approximately 4,175 hectares form part of the 10,700 hectares claimed by the Community since 1990.88 81. The said nature reserve declaration was made without consulting the members of the Community or taking their land claim into account.89 This was confirmed by the Legal Department of the Environmental Secretariat, which concluded that the process by which part of the Salazar Ranch was declared a nature reserve was seriously flawed, including the fact that the Community’s claim had not been taken into account, and should be annulled.90 82. According to Law No. 352/94, which establishes the legal regime applicable to protected rural areas, those that are in the private domain cannot be expropriated while the declaration is in force.91 In addition, the Law establishes restrictions to use 83 Cf. Minutes of the meeting of the Community of May 2, 2009 (file of attachments to the pleadings and motions brief, attachment 7, tome VI, folio 2736). 84 Cf. Testimony of Marcelino López, supra note 63, folio 580; testimony of Gerardo Larrosa supra note 75, folio 605; testimony of Maximiliano Ruíz, supra note 28; testimony of Clemente Dermott, supra note 63, and testimony of Antonia Ramírez, supra note 28. 85 Rodrigo Villagra Carron indicated that the “25 de Febrero” settlement was 35 Km from the Salazar Ranch; while Clemente Dermott indicated that it was 35 Km from the Trans-Chaco Highway. Cf. Testimony of Rodrigo Villagra Carron, supra note 17, and testimony of Clemente Dermott, supra note 63, folio 645. 86 Cf. Testimony of Marcelino López, supra note 63, folios 586 and 587. 87 Cf. Decree No. 11,804 of the President of the Republic of January 31, 2008, declaring the reserve known as “Salazar Ranch” to be a Private Protected Nature Reserve (file of appendices to the application, attachment 7, folios 2429 to 2435 and 2429 to 2435). 88 Cf. Action on unconstitutionality filed by the Community before the Supreme Court of Justice on July 31, 2008 (file of attachments to the answer, attachment 1.9, tome VIII, folio 3416); Map of the “Salazar Ranch” private nature reserve (file of attachments to the pleadings and motions brief, attachment 4, tome VI, folio 2711), and Map of the Traditional Territory of the Xákmok Kásek Community and Land Claimed (file of attachments to the pleadings and motions brief, attachment 4, tome VI, folio 2712). 89 Cf. Testimony of Marcelino López, supra note 63, folio 584, and testimony of Clemente Dermott, supra note 63, folio 648. 90 Cf. Report of the Legal Department of the Secretariat of the Environment of December 24, 2009 (file of attachments to the answer, attachment 1.8, tome VIII, folios 3382 to 3388). 91 Cf. Article 56 of Law No. 352/1994 (file of attachments to final written arguments, tome X, folio 4543). 20