31
73(2) The economy of the indigenous peoples in the Chaco was mainly based on
hunting, fishing, and gathering,, and therefore, they had to roam their lands to make
use of nature inasmuch as the season and their cultural technology allowed them to,
wherefore they kept moving and occupied a very large area of territory.19
73(3) Over the years, and particularly after the Chaco War between Bolivia and
Paraguay (1933-1936), the non-indigenous occupation of the Northern Chaco which
had started by the end of the 19th century was extended. The estates that started
settling in the area used the Indians who had traditionally lived there as workers,
who thus became farmhands and employees of new owners. Although the indigenous
peoples continued occupying their traditional lands, the effect of the market
economy activities into which they were incorporated turned out to be the restriction
of their mobility, whereby they ended by becoming sedentary.20
73(4) Since then, the lands of the Paraguayan Chaco have been transferred to
private owners and gradually divided. This increased the restrictions for the
indigenous population to access their traditional lands, thus bringing about significant
changes in its subsistence activities. They increasingly depended on their salary for
food and took advantage of their temporary stay in the various estates settled in the
area to continue developing their subsistence activities (hunting, fishing, and
gathering).21
73(5) The Sawhoyamaxa (“from the place where coconuts have run out”)
Community is an indigenous community, typical of those traditionally living in the
Paraguayan Chaco that has become sedentary.22 In fact, the members of this
Indigenous Community belong to the South Enxet and North Enhelt Lengua ethnic
groups.23 The South Enxet and the North Enlhet Lengua ethnic groups, as well as the
19
Cf. statement rendered by Mr. Alberto Braunstein before a public official whose acts command full
faith and credit on February 11, 2005, supra note 18, and anthropological report on the (Santa Elisa)
“Sawhoyamaxa” Community of the Enxet People. Centro de Estudios Antropológicos of the Universidad
Católica “Nuestra Señora de la Asunción” (Catholic University “Our Lady of Asuncion” Anthropological
Studies Center), supra note 18.
20
Cf. statement rendered by Mr. Alberto Braunstein before a public official whose acts command full
faith and credit on February 11, 2005, supra note 18; expert opinion of Mr. Bartomeu Melia i Lliteres given
before the Inter-American Court on March 4, 2005 in the Case of the Indigenous Community Yakye Axa v.
Paraguay, supra note 18; statement rendered by Mr. Andrew Paul Leake and translated into Spanish by
Mr. Tito Ulises Lahaye-Díaz before a public official whose acts command full faith and credit on January
25, 2006 (case file on the merits, reparations, and costs, Volume III, folios 777 to 807), and
anthropological report on the (Santa Elisa) “Sawhoyamaxa” Community of the Enxet People. Centro de
Estudios Antropológicos of the Universidad Católica “Nuestra Señora de la Asunción”, supra note 18.
21
Cf. statement rendered by Mr. Andrew Paul Leake and translated into Spanish by Mr. Tito Ulises
Lahaye before a public official whose acts command full faith and credit on January 25, 2006, supra note
20.
22
Cf. statement rendered by Mr. Alberto Braunstein before a public official whose acts command full
faith and credit on February 11, 2005, supra note 18; anthropological report on the (Santa Elisa)
“Sawhoyamaxa” Community of the Enxet People. Centro de Estudios Antropológicos of the Universidad
Católica “Nuestra Señora de la Asunción”, supra note 18; statement rendered by Mr. Andrew Paul Leake
and translated into Spanish by Mr. Tito Ulises Lahaye before a public official whose acts command full faith
and credit on January 25, 2006, supra note 20, and expert opinion of Mr. Bartomeu Melia i Lliteres given
before the Inter-American Court on March 4, 2005 in the Case of the Indigenous Community Yakye Axa v.
Paraguay, supra note 18.
23
Cf. book titled “II Censo Nacional Indígena de Población y Vivienda 2002. Pueblos Indígenas del
Paraguay. Resultados Finales” (II 2002 National Indigenous Population and Housing Census. Indigenous
Peoples of Paraguay. Final Results), Dirección General de Estadísticas, Encuestas y Censos [Bureau of