38
the IBR made a recommendation to the President of the IBR to forward said
administrative file to INDI, for them to study and consider it, within the broad
framework of the provisions of Law No. 904/81.91
50.52. A decision of the President of the Board of Directors of the INDI on October 3,
2001 entrusted Teresa Vargas, a member of this Board of Directors, and Oscar
Centurión, advisor to the President of the INDI, with the task of making the
necessary preparations to request expropriation of an area of land for the Yakye Axa
Community.92 Said persons visited the Yakye Axa Community, met with its leaders,
and agreed that they would take steps to claim 7,901 hectares within the area
claimed for the definitive settlement of the Indigenous Community.93
50.53. On November 2, 2001 the Board of Directors of the INDI decided “to ask the
Legislative[,] through [the] Executive Branch, to expropriate farms Nos. 15,180 and
15,181 of the property located in the Pozo Colorado District, Presidente Hayes
Department, encompassing 7,901 hectares”.94 On November 15, 2001 the legal
department of the IBR issued an opinion that, since the INDI had decided to request
expropriation of farms No. 15,180 and 15,181 in favor of the Yakye Axa Indigenous
Community, “the procedure at the Instituto de Bienestar Rural was finished and
therefore these records must be shelved.”95 On November 14, 2001 the Secretary
General of the IBR ordered the file shelved “awaiting the interested party.”96
ii.
Before the Legislative
50.54. On September 14, 2000 Tomás Galeano and Esteban López, leaders of the
Yakye Axa Community, filed before the President of Congress a request for drafting
of a bill to expropriate the land claimed, with the respective motivation.97
50.55. On that same day, members of Congress Sonia de León and Rafael Filizzola
Serra stated their willingness to “take upon themselves” the expropriation bill “THAT
DECLARES FARMS 15,179, 15,180 AND 15,181 OF THE POZO COLORADO DISTRICT,
PRESIDENTE HAYES DEPARTMENT, WHICH BELONG TO LIVESTOCK CAPITAL GROUP,
FLORIDA AGRICULTURAL CORPORATION, AND AGRICULTURAL DEVELOPMENT INC.,
91
See report No. 1350 issued by the legal department of the Instituto de Bienestar Rural on
October 10, 2000 (file with appendixes to the application, appendix 4, volume 1166).
92
See ruling P.C. No. 802/001 issued by the President of the Instituto Paraguayo del Indígena on
October 3, 2001 (file with appendixes of the application, appendix 4, volume 1235).
93
See report on the trip to the Yakye Axa Indigenous Community on October 30, 2001 (file with
appendixes to the application, appendix 4, volume 1236), and note submitted by Tomás Galeano and
Esteban López, leaders of the Yakye Axa Community, before the Instituto Paraguayo del Indígena on
October 18, 2001 (file with appendixes to the application, appendix 4, volume 1238).
94
See decision No. 49/2001 issued by the Board of Directors of the Instituto Paraguayo del
Indígena on November 2, 2001 (file with appendixes to the application, appendix 4, volume 1240).
95
See report No. 1025 issued by the legal department of the Instituto de Bienestar Rural on
November 15, 2001 (file with appendixes to the application, appendix 4, volume 1243).
96
See official letter sent by the Secretary General of the Instituto de Bienestar Rural on December
14, 2001 (file with appendixes to the application, appendix 4, volume 1247).
97
See note addressed by Tomás Galeano and Esteban López, leaders of the Yakye Axa Indigenous
Community, to the President of Congress on September 14, 2000 (file with appendixes to the application,
appendix 4, volumes 1317 to 1326).
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