5 Protection established regarding unfair inequalities will not be considered discriminatory factor, but rather an egalitarian one.” Those requiring positive discrimination, in the Paraguayan context, include at least 2,000 indigenous families in the Chaco and 2,000 families in the Eastern Region who are landless, as well as some 100,000 landless peasant families living in extreme poverty. In my view, the provisions of the American Convention must be interpreted in this context. 15. Law 904/81, prior to the 1992 National Constitution, regulates access of indigenous communities to community landholding. In Article 8, it provides that, after completing the established procedures, “legal personality of the indigenous communities that existed before enactment of this law will be recognized, as well as that of indigenous families regrouping in communities to benefit from it.” In the latter case, the minimum amount of indigenous families is 20 (Article 9). With regard to settlement of the indigenous communities, Law 904 provides the following: Article 14. Settlement of the indigenous communities will take into account insofar as possible current or traditional possession of land. Free and express consent of the indigenous community will be essential for their settlement in places other than their territories, except for reasons of national security. Article 15. When in the cases foreseen in the previous article it is imperative to transfer one or more indigenous communities, they will be given appropriate land of at least equal quality to the land they occupied, and they will be adequately compensated for the damage and detriment suffered due to the displacement, as well as for the value of the improvements made to the land. Article 22 of said Law 904, in turn, sets forth the procedure for settlement of indigenous communities on public lands, and Articles 24 and 25 lay out the procedures for settlement on private lands occupied by the indigenous peoples. Article 26 of the law states that: “in case of expropriation, the procedure and compensation will be in accordance with the provisions of the Constitution and the law, and the national budget will set aside the necessary funds.” 16. Law 43/89, which establishes a system to normalize the situation of indigenous communities’ settlements, provides in Article 4: “During the administrative and judicial proceedings set forth in Article 2, the Instituto Paraguayo del Indígena (INDI) and the Instituto de Bienestar Rural (IBR) must offer definitive solutions to the indigenous communities’ settlements, pursuant to Law 854/63 Estatuto Agrario and Law 904/81, Estatuto de las Comunidades Indígenas, proposing expropriation under Article 1 of Law 1372/88 when solutions are not attained by the other means foreseen.”12 The provisions of both Law 904 and Law 43/89 establish, when there is no contractual agreement with the owner, expropriation as a way to normalize the situation of indigenous communities settled on private lands. These provisions are consistent with the Civil Code provisions according to which private domain or real estate is lost by: a) sale; b) judicial transmittal or statement; c) execution of a judgment; d) expropriation; and e) abandoning said domain by means of a public writ, duly registered in the Registro de Inmuebles, and in other cases set forth in the law (Article 1967). Article 1966, in turn, specifically lists the ways to acquire ownership of real estate: a) contract; b) accession; c) usucapion; and d) 12 Law 854/63 was abrogated by Law 1863/02.