29
the area, and domestic animals died, for which reason they had to seek work outside
the estate. Lack of water and food caused the death of many children, youths and
elderly persons. Since Estancia El Estribo was the main settlement of the indigenous
communities of Makxlawaya, the members of the Yakye Axa Community were
marginalized and could not conduct their cultural practices freely.36
50.16. In 1993 the members of the Community decided to begin taking steps to
claim the lands that they consider their traditional habitat. For this, they appointed
Tomás Galeano and Esteban López as their leaders.37
b)
Actions by the Yakye Axa Indigenous Community to claim and protect their
lands, traditional territory and natural resources under domestic venue
i.
Before Administrative Bodies
Acknowledgment of leaders
50.17. On August 15, 1993 the members of the Yakye Axa Indigenous Community
asked the Instituto Paraguayo del Indígena (hereinafter “INDI”) to acknowledge
Tomás Galeano and Esteban López as leaders of said Community and to list them in
the National Registry of Indigenous Communities pursuant to Law No. 904/81 that
established the Statute of Indigenous Communities (hereinafter “Law No. 904/81”)38.
50.18. On September 18, 1996 the President of the Board of Directors of the INDI
issued a decision “recognizing Tomás Galeano Benítez and Esteban López Domínguez
as leaders of the Enxet ‘Yakye Axa’ Indigenous Community, established in the Pozo
Colorado district of the Presidente Hayes Department, who as such will legally
represent the Community,” and to include the content of the decision in the Registry
of Indigenous Communities.39
Acknowledgment
Community
of
legal
status
of
the Yakye
Axa
Indigenous
50.19. On May 21, 1998 Esteban López, Community leader, began the process
before INDI to attain acknowledgment of the legal status of the Yakye Axa
36
See anthropological report on the “Yakye Axa” (Loma Verde) Community of the Enxet-Lengua
people. Anthropological Studies Center at Universidad Católica “Nuestra Señora de la Asunción” (file with
appendixes to the application, appendix 9, volumes 1272 to 1277); testimony of Stephen William Kidd
rendered before the Inter-American Court during the public hearing held on March 4, 2005; testimony of
Tomás Galeano rendered before the Inter-American Court during the public hearing held on March 4,
2005; testimony of Inocencia Gómez rendered before the Inter-American Court during the public hearing
held on March 4, 2005, and testimony of Esteban López rendered before the Inter-American Court during
the public hearing held on March 4, 2005.
37
See testimony of Esteban López rendered before the Inter-American Court during the public
hearing held on March 4, 2005.
38
See request filed on August 15, 1993 by the members of the Yakye Axa Indigenous Community
before the Instituto Paraguayo del Indígena (file with appendixes to the application, appendix 15, volumes
1332 to 1334).
39
See decision No. 334/96 of the President of the Board of Directors of the Instituto Paraguayo del
Indígena on September 18, 1996 (file with appendixes to the application, appendix 15, volume 1335).