30
Community.40 As part of this process, on November 5, 1999 Esteban López formally
asked the INDI to acknowledge the legal status of said Community, “constituted by
56 families, settled alongside the road between Pozo Colorado and Concepción, near
Km. 82, facing [its] traditional lands, claimed in administrative file” No. 7261/93 of
the Instituto de Bienestar Rural (hereinafter the “IBR”).41 The leaders of the
Community reiterated this request before the INDI several times.42
50.20. On May 10, 2001 the Board of Directors of the INDI issued decision No.
18/2001, in which it decided “to approve the request for acknowledgment of legal
status” of the Yakye Axa Indigenous Community, forwarding the records of the
proceeding to the Ministry of Education and Culture to complete the process for the
respective presidential decree.43
50.21. On October 25, 2001 the General Director of the Legal Department of the
Ministry of Education and Culture recommended that the Ministry acknowledge the
legal status of the indigenous Community, through the appropriate legal procedure,
as it met the legal requirements for this purpose.44
50.22. On December 10, 2001 the President of Paraguay issued Decree No. 15.628,
acknowledging the legal status the Yakye Axa Indigenous Community.45
Clai regarding the territory
50.23. At the time of the facts, the procedure to address land tenure problems in
Paraguay was an administrative one, under the responsibility of the IBR.46
40
See request for “commissioning of official for attainment of legal status” submitted by the Yakye
Axa Indigenous Community before the Instituto Paraguayo del Indígena on May 21, 1998 (file with
appendixes to the reply to the application, appendix 10, volume 3617), and receipt No. 76 of the filing
system of the Instituto Paraguayo del Indígena on May 25, 1998 (file with appendixes to the reply to the
application, appendix 10, volume 3616).
41
See request submitted by Esteban López before the Instituto Paraguayo del Indígena on
November 5, 1999 (file with appendixes to the reply to the application, appendix 10, volume 3620).
42
See request submitted by Esteban López before the Instituto Paraguayo del Indígena on February
3, 2000 (file with appendixes to the reply to the application, appendix 10, volume 3629); request
submitted by Esteban López and Tomás Galeano before the Instituto Paraguayo del Indígena on March 24,
2000 (file with appendixes to the reply to the application, appendix 10, volumes 3632 to 3639), and
request submitted by Mirta Pereira Giménez before the Instituto Paraguayo del Indígena on October 20,
2000 (file with appendixes to the reply to the application, appendix 10, volume 3631).
43
See decision No. 18/2001 issued by the Board of Directors of the Instituto Paraguayo del
Indígena on May 10, 2001 (file with appendixes to the reply to the application, appendix 10, volume
3645).
44
See ruling No. 304 issued by the General Director of the Legal Department of the Ministry of
Education and Culture of Paraguay on October 25, 2001 (file with appendixes to the reply to the
application, appendix 10, volume 3647).
45
See Presidential decree No. 15.628 issued on December 10, 2001 (file with appendixes to the
application, appendix 15, volume 1336).
46
See law No. 854/63 establishing the Agrarian Statute on March 29, 1963, and statement by
Enrique Castillo rendered before a notary public on February 11, 2005 (file on the merits, reparations, and
costs, Volume III, volumes 647 to 664).