13
Since her Community is settled alongside the highway, they are barred from the
development programs offered by some entities, which require secured land to
implement their projects.
e.
Statement by Ms. Elsa Ayala, alleged victim
She belongs to the “KM 16” village of the Sawhoyamaxa Indigenous Community.
Formerly, she used to live with her parents at the Loma Porá estate. Many of her
next of kin died in that estate and were buried in the indigenous cemetery located
there and “even now, when people [from the Community] die, [their next of kin] go
into the estate to bury [them]." The people in the “KM 16” village mostly come from
the Loma Porá estate, where they found it hard to live, for they were constantly
threatened by the estate management for having started procedures to reclaim their
land.
She cannot remember exactly when “[they] went on the highway, but [she thinks] it
was quite long ago.” Life is very hard in the “KM 16” village. Men go hunting, or to
try and get some temporary, informal job in the nearby estates; women gather
honey, and that is all they can do to make a living. There is no indigenous school in
the village either, so the children have to attend a school "they share with the
Paraguayans," but their relationship with the Paraguayans is very difficult, because
the children are discriminated against by the teachers, and when it comes to getting
some support, "the Paraguayans" always come first. The State authorities do not
visit them, although they know the situation they are living in is very difficult. The
Community’s settlement is located near Concepción, the nearest city with a hospital.
When a member of the Community falls ill, they consider taking him to that hospital,
but they suffer a lot because they know that without "money" they will not assist
them; furthermore, "there are no medicines for the poor, just prescriptions to buy
the medicines at the pharmacist's."
f.
Statement by Mr. Martín Sanneman, witness
On April 8, 1994, he traveled to Chaco, accompanied by two attorneys who had
agreed to represent the Enxet indigenous peoples from that area (i.e., Lengua,
Sanapaná and Angaité), the President of the INDI and the Vice-president of the
Asociación de Parcialidades Indígenas (Indigenous Groups Association). His trip had
a threefold purpose: (1) to investigate and verify the complaint lodged by the
leaders of the Sawhoyamaxa Community concerning forest cuttings carried out by
the owner of the Loma Porá estate, which forests were allegedly part of the lands
they claimed, and upon which an injunctive order to let matters stand had been
issued; (2) to visit the Alwátetkok indigenous village located at the Maroma estate,
in order to look into the working conditions of the indigenous people in that place,
who are also members of the Sawhoyamaxa indigenous community; and (3) to visit
the Indigenous Community in Siete Horizontes, whose members are living alongside
the Transchaco highway.
The Sawhoyamaxa community comprises over 80 families from nine villages of the
Enxet-Lengua people: Massama Apxagkok (Loma Porá), Elwátetkok (Maroma),
Eknennakté Yannenpeywa (Ledesma), Kello Ateg (Naranjito), Ekpawachawok
(Diana), Llamaza Apak, Menduk Kwe, Yacu Kai and Kilómetro 16. On August 6, 1991,
the latter requested the Instituto de Bienestar Rural [Rural Welfare Institute] to
legalize a portion of their traditional lands. The land claimed is located around
Sawhoyamaxa (Santa Elisa) and it is part of the Loma Porá estate, which has an