35
Community of the Lengua ethnic group settled in the District of Pozo Colorado,
“[Presidente] Hayes” Department.”39
73(13) Subsequently, on September 7, 1993 Mr. Carlos Marecos-Aponte and Mr.
Teresio González started the relevant proceedings before the INDI to obtain the
recognition of the Community as a legal entity.40
73(14) Notwithstanding, the proceeding continued until June 16, 1997, when the
Governing Board of the INDI issued Resolution No. 25/97, wherein it was decided
that “the request for Recognition of the Sawho[…]yamaxa Indigenous [C]ommunity
of the Enxet People, settle[d] in the District of Pozo Colorado, ”Presidente Hayes”
Department as a Legal Ent[ity] be admitted” and that the case file be forwarded to
the Ministry of Education and Worship, “so that the relevant administrative
proceedings be started.”41
73(15) On October 6, 1997 the Legal Department of the Ministry of Education and
Worship in its report No. 1140 argued that “nothing prevents the Indigenous
[C]ommunity […] from obtaining recognition as a legal ent[ity] through the relevant
proceedings, taking into consideration that it meets all the requirements necessary
for such purpose.”42 Therefore, on July 21, 1998 the President of Paraguay issued
Executive Order No. 22008, whereby the Sawhoyamaxa Indigenous Community was
recognized as a legal entity.43
73(16) On May 11, 2003 Mr. Teresio González, one of the Community leaders, died
in an alleged traffic accident .44 Taking this fact into consideration, on February 15,
2005 the INDI issued another resolution, wherein it was decided that Mr. Carlos
Marecos, Dionicio Galeano, and Leonardo González be recognized as leaders of the
Sawhoyamaxa Indigenous Community and that Resolution PC No. 50/93 of April 27,
1993 (supra para. 73(12))45 be set aside.
c)
Proceedings started by the Sawhoyamaxa Indigenous Community for claiming
their traditional lands and natural resources before the administrative bodies
39
Cf. resolution PC No. 50/93 issued by the INDI on April 27, 1993 (case file of appendixes to the
answer to the complaint, appendix 1, folio 1215).
40
Cf. request for recognition of legal personality filed by the Sawhoyamaxa Indigenous Community
with the INDI on September 7, 1993 (case file of appendixes to the answer to the complaint, appendix 1,
folio 1182).
41
Cf. resolution No. 25/97 issued by the Board of Directors of the INDI on June 16, 1997 (case file
of appendixes to the answer to the complaint, appendix 1, folio 1180).
42
Cf. report No. 1140 issued by the Legal Department of the Ministry of Education and Worship on
October 6, 1997 (case file of appendixes to the answer to the complaint, appendix 1, folio 1236).
43
Cf. Executive Order No. 22008 issued by the President of the Republic of Paraguay on July 21,
1998 (case file of appendixes to the complaint, appendix 3, folio 497).
44
Cf. statement rendered by Mr. Carlos Marecos before a public official whose acts command full
faith and credit on January 17, 2006, supra note 27 and expert opinion given by Mr. Pablo BalmacedaRodríguez before a public official whose acts command full faith and credit on January 17, 2006 (case file
on the merits, reparations, and costs, Volume III, folios 682 to 696).
45
Cf. resolution No. 180/005 issued by the President of INDI on February 15, 2005 (case file of
appendixes to the answer to the complaint, appendix 2, folio 1250).