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).

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