128. The limited measures taken by the State were initiated either at the request of
the Community or proposed by the private landowner. Nevertheless, none of them
were determining factors for obtaining a definitive solution to the Community’s claim.
Also, faced with the Community’s complaint that the land offered as an alternative to
its traditional land was not suitable for settlement,148 neither the IBR nor the INDI
asked for technical studies to be conducted to verify or disprove this, even though the
said State institutions are legally obliged to provide “suitable land which is at least of
equal quality” to the land occupied by the members of the Community.”149
129. In addition, the Court takes note of the long periods of inactivity in the case file.
From June 1994, when it was forwarded to the INDI, the file does not show any
measure taken by this agency to settle the action until July 1995, when the
Community’s representatives requested information on the measures taken.150
Similarly, following a meeting between the parties in February 1996, arranged on the
initiative of the members of the Community, no new measures were taken until 1998,
when the private landowner offered the lands claimed;151 however, the State did not
accept the offer. Subsequently, for the next six years, from 2000 to 2006, the only
activities recorded in the file are offers made by the private landowners to the State
authorities.152 An even more serious factor was that the administrative case file had to
be reconstituted because the documents had been lost.153
the private landowners offered to sell the entire Salazar Ranch and, in 2000, they offered the property
known as Cora’í “to whoever wanted to buy it”. In March 2003, Chortitzer Komitee offered to sell 3,293
hectares of the land claimed (Cf. Testimony of Roberto Carlos Eaton Kent, supra note 56, folio 662; press
release of April 1, 2003, entitled “Menonitas ofrecen al INDI tierra reclamada por nativos” [Mennonites offer
INDI, land claimed by indigenous peoples], file of appendices to the application, appendix 3, tome IV, folio
1583). Lastly, in 2004, Mr. Eaton offered the Community the Magallanes Ranch (Cf. Testimony of Roberto
Carlos Eaton Kent, supra note 56, folio 660).
147
Cf. Site visit carried out by Pastor Cabanellas, supra note 62, folios 791 to 795, and Resolution P.
No. 651 of the President of the IBR of August 21, 1992 (file of appendices to the application, appendix 3,
tome III, folio 891).
148
After the expansion of the on-site visit, the Community’s lawyer requested a geological study of
Retiro Winchester offered by the private landowner. However, it appears that there was no response to this
request. In August 1993, during an on-site visit to another indigenous community to which the said lands
had also been offered, a visit was made to Retiro Winchester which concluded that it was not suitable for
settlement by the Community (Cf. Undated communication of the Community’s lawyer to the IBR, file of
appendices to the application, appendix 3, tome III, folio 888, and report of the trip made to the Chaco on
August 12, 13, 14, 1993, file of appendices to the application, appendix 3, tome III, folio 959 to 960).
Meanwhile, the lands on the Magallanes Ranch were apparently inspected by INDI officials who concluded
that they were not suitable for settlement by the Community (Cf. Minutes of the meeting of the Xákmok
Kásek Community on August 12, 2004, file of appendices to the application, appendix 3, tome IV, folio
1286); testimony of Marcelino López, supra note 63, folio 587, and testimony of Clemente Dermott, supra
note 63, folio 647).
149
Article 15 of Law No. 904/81, supra note 64, folio 2403.
150
The administrative file was forwarded to the INDI in June 1994, and the subsequent activity of
which there is evidence is a request by the Community of July 1995, based on which a memorandum was
issued and an anthropological study was requested. (Cf. Report 1474 of the Head of Indigenous Affairs of the
IBR on June 20, 1994, file of appendices to the application, appendix 3, tome II, folio 730, and
memorandum of the INDI President of August 22, 1995, supra note 119, folio 860).
151
After the members of the Community had offered to amend their request regarding the extension of
land claimed (brief of the representatives of the Community of April 2, 1996, supra note 141), the following
activity was the offer, in 1998, by the private landowners to sell the whole of the Salazar Ranch (supra note
146).
152
The only activities that appear in the case file were the offers made with regard to Koraí/Cora’í, the
area of land claimed that was owned by Chortitzer Komitee, and the Magallanes Ranch (Cf. Testimony of
Roberto Carlos Eaton Kent, supra note 146), until the requests for copies and the reconstitution of the case
file by the Community in 2006 (Cf. Request of the representatives of the Community of July 6, 2006,
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