73 resolved under domestic venue, without this constituting an obstruction or denial of rights; h) it has offered the Yakye Axa Community temporary location alternatives, while they negotiate a solution to the substantive issue, but this was not possible to the intransigence of the representatives and the insistence of the members of the Community in remaining alongside the public road. The INDI has also offered the Community, as an alternative solution to this conflictive case, a 25,000 hectare property in an area where a major group of EnxetLengua People have settled. However, this offer, initially accepted by the indigenous leaders, was turned down the following day at a meeting with the representatives of the Community; i) with the aim of ending the litigation, the leaders of the Yakye Axa Indigenous Community have expressed their willingness to reach an agreement regarding several offers made by the State for their definitive settlement. However, the representatives have continued demanding 18,000 hectares on the Loma Verde estate, for which reason they have substituted the will of the Community, which is willing to consider an alternative solution in accordance with its claims under the law; j) it did not intervene in the migration of the Yakye Axa Community toward the “Anglican zone”, as it is called, or specifically to “El Estribo” estate; k) the right to communal land embodied in the Paraguayan National Constitution protects collectivities constituted by individuals sharing the same culture, in the understanding that the latter will continue on the basis of socio-cultural exchange among its members. Paraguayan legislation regulates the amount of land for an organized community with legal status, which in the case of the western Chaco region is a minimum of 100 hectares per family; l) domestic administrative institutions have found it difficult to effectively respond to the claim by the Yakye Axa Community, due to the complex situation of conflicting rights, between the institution of private property rights and the right to communal property of indigenous lands, both protected by the Constitution and by international human rights law, and m) it is willing to find a solution to the problem of access to communal land for the Community in the framework of the Constitution, of the American Convention, of ILO Convention No. 169, exhausting all domestic means available, such as negotiation with the owners, a possible expropriation request, or location on land with the necessary area and quality for them to carry out their traditional activities, all the more so bearing in mind that said Community is not rooted in any specific area, but rather considers a vast part of the Paraguayan Chaco to be its territory. Considerations of the Court 123. Article 21 of the American Convention provides that: 1. Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society.

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