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been done to date. There is also a need to study possibilities of land expropriation,
together with compensation for effective improvements to the property.
g.
Pablo Balmaceda Rodríguez, expert witness
He has provided medical care to the Yakye Axa Community since 2000. Since then,
he visits the Community every two or three months.
The purpose of his expert opinion was to corroborate, with reliable studies, the
situation of the Yakye Axa Community, as well as to establish what caused the death
of several members of said Community since they settled on a public road to claim
their traditional lands.
Blood tests and fecal samples were taken from the members of the Community.
These studies demonstrated that the members of the Yakye Axa Community suffer
significant levels of parasitism and anemia. Samples were also taken of the water
used by the Community. It was found that the Community has a single source of
water which is not suitable for drinking, which is a water deposit or ‘tajamar’. This
deposit is roughly sixty by forty meters, and its purpose is to store rainwater. This
deposit is on the other side of the fence that borders the land that they claim, for
which reason the members of the Community have to enter furtively to obtain water
for their personal hygiene and for their own use. The water is exposed to contact
with wild animals and with animals raised on the estate.
The huts where the inhabitants of this community live are very precarious. They are
built with a material that is abundant in the area, a palm with which they make the
walls and roof. These dwellings are so precarious that when it rains, everything is
flooded, including the rooms in which they live in overcrowded conditions. Due to
the characteristics of the land in the Chaco, the water is not readily absorbed by the
land, so all that water remains there without running off. Furthermore, there is not a
single latrine in the community, for them to relieve themselves, for which reason
they use the plants in the area. Therefore, rainwater floods the whole area and
carries with it the fecal matter to the dwellings and the little school. The
Community’s situation of extreme poverty and abandonment is disastrous. There is
no need to be an expert to corroborate all these circumstances.
The next of kin of deceased individuals were interviewed to establish the probable
cause of the deaths that took place in this community in recent years. It was very
difficult and required much patience and trust by the inhabitants of Yakye Axa to talk
about the cause of the deaths of their next of kin. Since there is no record of said
deaths, it was difficult to establish the exact dates when they died. Furthermore, for
members of Enxet indigenous groups it is not easy to discuss the memory of those
who died, due to the special relationship they have with death, for which reason a
major psychological effort was required for them to accept questions about the
deceased.
Once the interviewees felt trust and began to talk about the symptoms observed
before their children, siblings or parents died, the expert witness believes that he
was able to establish the cause of said deaths with a high degree of certainty.