34
73(10) The lands claimed are suitable for the Indigenous Community members to
continue with their current subsistence activities and to ensure their short and midterm survival, as well as the beginning of a long-term process of development of
alternative activities which will allow their subsistence to become sustainable33
b)
Process of recognition of the Sawhoyamaxa Indigenous Community
leaders and of its legal entity
73(11) On August 6, 1991 the “members of the indigenous communities of Maroma,
Loma Porá, Ledesma, Naranjito, Diana, Santa Elisa Gray, Santo Domingo and
Kilómetro 16 belonging to the Enxet (Lengua) Ethnic Group [,] settled in [… t]he
District of Pozo Colorado, ”Presidente Hayes” Department,” requested the Instituto
Paraguayo del Indígena (INDI) (Paraguayan Institute of Indigenous Affairs) that their
leaders Carlos Marecos-Aponte and Teresio González be recognized as such pursuant
to Article 12 of Law No. 904/81, which sets forth the Status of Indigenous
Communities (hereinafter “Law No.904/81”).34
73(12) On February 16, 1993 the INDI Field Promoter recommended the Legal
Counseling Department of such Institute that the petition of the Indigenous
Community (supra para. 73(11)) be admitted.35 This position was reaffirmed by said
official on April 13, 1993.36 Later on, after having verified that the Sawhoyamaxa
Indigenous Community was scattered over several places, that it was not registered
with the Registro Nacional de Comunidades Indígenas (Indigenous Communities
National Registry) and that the leaders proposed by the Community (supra para.
73(11)) had not been previously registered before said Registry,37 and after having
requested that a social and anthropological report on the Community be drawn,38 on
April 27, 1993 the President of the Council of INDI decided “[t]o recognize Mr. Carlos
Marecos-Aponte and Mr. Teresio González as leaders of the ‘Sa[w]hoyamaxa’
appendix 1, folio 1580), and anthropological report on the “Sawhoyamaxa” Community of the Enxet
People. Centro de Estudios Antropológicos de la Universidad Católica “Nuestra Señora de la Asunción”
(Catholic University “Our Lady of Asuncion” Anthropological Studies Center), supra note 18.
33
Cf. 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, supra
note 20, and anthropological report on the “Sawhoyamaxa” Community of the Enxet People. Centro de
Estudios Antropológicos de la Universidad Católica “Nuestra Señora de la Asunción” [Catholic University
“Our Lady of Asuncion” Anthropological Studies Center], supra note 18.
34
Cf. request for recognition of the leaders of Maroma, Loma Porá, Ledesma, Naranjito, Diana,
Santa Elisa Garay, Santo Domingo and Kilómetro 16 indigenous villages filed before the INDI on August 6,
1991, supra note 26.
35
Cf. note of the INDI Rural Promoter addressed to the Legal Department of such institute on
February 16, 1993 (case file of appendixes to the answer to the complaint, appendix 1, folio 1228).
36
Cf. note of the INDI Rural Promoter addressed to the Legal Department of such institute on April
14, 1993 (case file of appendixes to the answer to the complaint, appendix 1, folio 1231).
37
Cf. certificate of the Dirección Nacional de Comunidades Indígenas (National Office of Indigenous
Communities of the INDI of February 17, 1993 (case file of appendixes to the answer to the complaint,
appendix 1, folio 1229).
38
Cf. resolution issued by the Legal Department of the INDI on March 16, 1993 (case file of
appendixes to the answer to the complaint, appendix 1, folio 1230).