69 Convention, deemed that said Article protects the rights of the members of the indigenous communities in the context of communal ownership; b) while the legislation in force in Paraguay establishes a favorable legal framework for the indigenous peoples, it is insufficient for due protection of their rights if it does not go hand in hand with policies and actions by the State to ensure application of and effective compliance with the provisions which the State itself has, in a sovereign manner, undertaken to apply; c) protection of the right of indigenous peoples to their ancestral territory is an especially important matter, as its enjoyment involves not only protection of an economic unity but also protection of the human rights of a collectivity whose economic, social and cultural development is based on its relationship with the land; d) in 1993 the Yakye Axa Community began to take the steps set forth in Paraguayan legislation to claim at least part of its ancestral territory. It has been twelve years since then, and the Community still cannot enjoy the lands they claim; e) in this case all steps were taken to find a “definitive solution” to Community’s claim. That solution involved at least two paths. The first was direct purchase of the land claimed, to subsequently transfer its ownership to the Community that requested it, and the second one, if the direct purchase of the land claimed was not completed successfully, to request expropriation of that property. The Executive did, in fact, attempt both paths through INDI and the President of the Republic himself, although said efforts were unsuccessful. The Legislative has rejected the claim alleging “rational use of the land claimed;” f) the land claimed by the Yakye Axa Indigenous Community is part of their traditional habitat or ancestral territory, as the State itself acknowledged. The Court should protect the Community’s right to live in said territory, a right that is embodied in and protected by Article 21 of the Convention and by Paraguay’s own domestic legislation; g) the territory they claim is a sacred place, the only place where they will be completely free because it is the land that belongs to them, the place where they can recover their shared existence, culture, and joy; h) occupation of a territory by an indigenous Community or people according to Paraguayan law is not limited to the mere nucleus of indigenous housing. Rather, the territory includes a physical area constituted by a core area of dwellings, natural resources, crops, plantations and their milieu, linked insofar as possible to their cultural tradition; i) it has been proven that the Yakye Axa Community is a hunting and gathering community, for which reason the area transferred must be sufficient for conservation of their form of life, to ensure their cultural and economic viability, as well as their own expansion, and j) the State has not guaranteed the property right of the Yakye Axa Indigenous Community of the Enxet-Lengua People and its members to their