40
rejected and shelved.105
50.60. On October 30, 2003 the Senate adopted the bill “THAT DECLARES AN AREA
OF LAND IDENTIFIED AS PART OF FARM No. 1,012 OF THE PRESIDENTE HAYES
DEPARTMENT TO BE OF SOCIAL INTEREST AND TRANSFERS OWNERSHIP FREE OF
CHARGE FROM THE MINISTRY OF NATIONAL DEFENSE OF THE PARAGUAYAN STATE
TO THE INSTITUTO PARAGUAYO OF THE INDIGENA (INDI) AND OF THE INSTITUTO
DE BIENESTAR RURAL (IBR), FOR PURPOSES OF AGRARIAN REFORM,TO GRANT IT
AT NO COST TO THE EMHA SOLYAKTEKTAMA (NARANJATY) AND YAKYE AXA
COMMUNITIES OF THE ENXET-LENGUA PEOPLE.”106 (highlighted in the original)
50.61. The leaders of the Yakye Axa Community rejected the offer to grant them the
land included in said bill (supra para. 50.60), because there had been no prior
consultation or agreement with the members of the Community.107 Said lands were
granted only to the Emha Solyaktama (Naranjaty) indigenous Community, by means
of Law No. 2,425, adopted by the Legislative on August 9, 2004.108
iii.
Before the Judiciary
Amparo remedy
50.62. On March 3, 1997 the attorney for the Yakye Axa Indigenous Community filed
an amparo remedy against the firm TOROCAY S.A. AGROPECUERIA Y FORESTAL
AND/OR Estancia Loma Verde, which had rented the land claimed by said
Community, invoking the National Constitution, as well as the provisions of Article 14
of law 234/93 that ratified International Labor Organization Convention No. 169 on
Indigenous and Tribal Peoples in Independent Countries
(hereinafter “ILO
Agreement No. 169”) in favor of the members of said Indigenous Community. In
this regard, he argued that “since October 1996 the members of the indigenous
community have not been allowed to enter the lands that are part of the Loma Verde
estate[, that] they are constantly harassed by [the] staff of said estate” and by
members of the police force of the Río Verde district, and that on December 23,
1996 Esteban López, leader of the Community, was forced to leave the wooded area
by shots fired by staff of the estate, and the same happened to another member of
the Community, Daniel Ciriaco. Therefore, he alleged that the members of the
Yakye Axa Community have been “arbitrarily denied the possibility of hunting and
fishing in the wooded areas of Loma Verde estate that is the traditional habitat of the
Enxet-Lengua People” and that their situation “is anguishing due to the impossibility
of obtaining sufficient food for their [sur]vival”. He also asked that an order be
issued “as an urgent precautionary measure, until there is a ruling on the amparo
105
See daily meeting log of the Senate for June 27, 2002 (file with evidence to facilitate adjudication
of the case submitted by the State, volumes 3135 to 3145), and decision No. 1.066 issued by the Senate
on June 27, 2002 (file with appendixes to the application, appendix 19, volume 1340).
106
See law adopted by the Senate on October 30, 2003 (file with merits, reparations, and costs,
Volume IV, volumes 896 to 897).
107
See testimony of Esteban López rendered before the Inter-American Court of Human Rights
during the public hearing held on March 4, 2005, and testimony of Rodrigo Villagra rendered before the
Inter-American Court of Human Rights during the public hearing held on March 4, 2005.
108
See law No. 2425 adopted by the Legislative on August 9, 2004 (file with evidence to facilitate
adjudication of the case submitted by the State, Volume I, volume 1091).
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