places]; that those places have also in some way become less sacred […]. [This]
enforced process means that all that affective relationship, or that symbolic or spiritual
relationship cannot be developed.” 189
178. Maximiliano Ruiz indicated that the religion and culture have “been almost
entirely lost.” Witness Rodrigo Villagra Carron explained the difficulties experienced by
the members of the Community in their male and female initiation rites,190 as well as
the gradual loss of shamanism.191
179. Their languages are another characteristic of the cultural integrity of the
members of the Community. During the public hearing, Maximiliano Ruiz stated that,
on the Salazar Ranch, they were only taught to speak Spanish or Guaraní, rather than
their own languages. Similarly, upon being asked by the Commission during the
hearing whether she spoke the Sanapaná language, Antonia Ramírez said that she did,
but that her children and her grandchildren did not speak Sanapaná, only Guaraní.
180. Also, the lack of their traditional lands and the limitations imposed by the
private owners has had an impact on the means of subsistence of the members of the
Community. Hunting, fishing and gathering have become increasingly more difficult,
resulting in the indigenous people deciding to leave the Salazar Ranch and relocate in
“25 de Febrero” or in other places, thus separating part of the Community (supra para.
75 to 77, 79 and 98).
181. All these effects increased with the passage of time and increase the perception
of the members of the Community that their claims are not being addressed.
182. In brief, this Court observes that the members of the Xákmok Kásek
Community have suffered diverse effects on their cultural identity produced, above all,
by the lack of their own territory and the natural resources found on it, which
represents a violation of Article 21(1) of the Convention in relation to Article 1(1)
thereof. These effects are one more example of the insufficiency of the merely
“productive” conception of the land when considering the conflicting rights of the
indigenous peoples and the private owners of the lands claimed.
189
Testimony of Rodrigo Villagra Carron, supra note 17.
190
During the public hearing, witness Rodrigo Villagra Carron explained the initiation rites:
For example, the male rite, which entails a Shaman or the Cayá begins to sing all night and
people are invited to attend. First, this must be a good season, a good season when the
people can collect sufficient fruit and food to invite people to a large feast. In this initiation
process, the young men have to eat certain plants, which mean they may faint […] and
they are watched over by a shaman or several of the main shamans, and they control the
power, the knowledge that is in the plants, which will then allow the plant to possess the
knowledge that will give it healing properties. […] [I]t is like a social festivity where […] a
shaman is singing and, at the same time, the women and men are dancing […]. The men
dress up with feathers and paint themselves, and several neighboring villages come. This
allowed for social integration that reduced conflict levels, because it was a feast. […] There
were sports competitions, and table games […] sports, specific dances that allowed not
only social integration with other villages, but also between men and women.
191
Regarding shamanist practices, witness Villagra Carron indicated that:
The reality is that today there are far less shamans. For example, in the [“Huanca”] ritual,
which is when people are initiated who may come to obtain that knowledge, […] this
entails having access to specific places, were the plant is located, or where studies are
carried out, far from the people, because it is a dangerous study owing to the implications
of the process suffered by the initiated. [Consequently], there are not more initiated
shamans. […] [T]he last shamans are dying.
41
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos