Despite the general progress made in its laws towards recognizing the rights of the indigenous peoples, there are still legal provisions in its civil, agrarian, and administrative law that were applied in this case and that caused the State system to function in a discriminatory way, since it gave priority to the protection of the right to private property that was being exploited rationally over the protection of the territorial rights of the indigenous population. 33. For their part, the representatives indicated that there is “a policy of discrimination that features an easily-observable systematic pattern and that also enjoys a high level of consensus in Paraguay, which is rapidly leading to the extreme deterioration of the living conditions of the indigenous communities in general and, in this [specific] case […] of the Xákmok Kásek [Community].” “The alleged factual and legal impossibility [of granting title to the land] mentioned by the State of Paraguay is nothing more than the deliberate application of a racist and discriminatory policy.” 34. In my opinion, although there is some discrimination among the population towards the indigenous peoples based on a legacy of colonialism, which the education system is trying to reverse, there is no deliberate agreement or consensus to apply a racist or discriminatory policy, which gives priority to the protection of the right to private property that is being exploited rationally over the protection of the territorial rights of the indigenous population. It is my understanding the obligation not to discriminate was not violated, although, in reality, the law needs to be adapted in order to expedite the procedures for the indigenous communities to have access to their ancestral lands, which endorses the opinion of the Court. However, meanwhile, the provisions of the Constitution are applied, such as those that guarantee private property, which is inviolable and can only be taken away by expropriation, by a decision of the courts, upon payment of fair compensation, and also because of the predominance of the Constitution over any international treaty or convention and the express indication that any provision or act of authority contrary to the provisions of the Constitution is invalid. Lastly, the immense resources allocated by the State in recent years to the acquisition of land should be assessed positively. Augusto Fogel Pedrozo Judge ad hoc Pablo Saavedra Alessandri Secretary 7