14 He described the medical infrastructure available to the Paraguayan population in general and specifically to the indigenous population of El Chaco, as well as the healthcare provided by the State to the indigenous communities and their additional benefits. The expert witness believes that the death of an individual due to diseases such as heart failure, tuberculosis, dysentery, tetanus, cachexia, meningitis, bronchitis or suffocation cannot be attributed to the State, as said diseases are common among the inhabitants of the area, whether they are Latin or Mennonite, and the State takes preventive steps to avoid such diseases among the communities. B) TESTIMONY 39. On March 4 and 5, 2005, at a public hearing, the Court heard the statements of the witnesses and expert witnesses offered by the Inter-American Commission and by the representatives (supra para. 21). The Court will now summarize the significant parts of said testimony. a. Esteban López, alleged victim and leader of the Yakye Axa Community He is a member and a leader of the Yakye Axa Community and a member of the Enxet Sur indigenous people of the Paraguayan Chaco. His mother tongue is the enxet and he also speaks Guaraní and Spanish. He was born on Estancia Loma Porá, located approximately 45 kilometers from Yakye Axa, because after the death of his father, most of his family went there, “in accordance with the culture of the indigenous people.” Nevertheless, his relatives and his grandparents were part of the Yakye Axa family. The witness arrived at Estancia Loma Verde (Yakye Axa) when he was 14 years old and he worked there, among other things, as a tractor driver, cutting posts, and setting up wire fences. In 1980, the members of the Yakye Axa Community had no possibility other than being employees of the private firm that was located at Loma Verde estate. The Anglican church told them that they were being “exploited” and that they did not deserve to “continue living under those conditions.” Between 1984 and 1985 the Anglican church promised the members of the Community that they would receive new, appropriate lands, and they decided to leave their land in Yakye Axa and go to Estancia El Estribo. There, the members of the Community also lived under precarious conditions, without food and water. Likewise, the Community lost several boys and girls, youths and women. The witness lost two children. For this reason, they decided to talk with those who left Yakye Axa to find a way to claim the land of their ancestors. At that time, all the members of the Community decided to return to Yakye Axa, through an agreement or consensus, in which they also appointed their leaders. In 1993, the Yakye Axa Community began to take a number of legal steps before the Instituto Paraguayo del Indígena and the Instituto de Bienestar Rural in connection with their land claim; however, they have received no answer to said claim. In 1994, three families that were part of the Community were still at Loma Verde as employees. In 1996, most members of the Community attempted to return to Yakye Axa, but they were not allowed to enter. Therefore, the members decided to

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