37
73(20) On May 12, 1992 the Office for Indigenous Advocacy of the IBR issued a
report whereby it advised that an official of such institution be commissioned to
verify, in conjunction with the official appointed by the INDI, the census conducted
on the Community and attached to the administrative case file, and to take such
steps as might be necessary regarding their commission. Furthermore, it pointed out
that the applicant Indigenous Community should provide the name and address of
the owners of the piece of land claimed for the purpose of serving notice upon them
of the application filed regarding such lands.52
73(21) Taking into consideration the foregoing report, on May 25, 1992 the leaders
of the Sawhoyamaxa Community, through their attorney, informed the address of
the owner and requested the IBR to appoint an official to visit and inspect the lands
claimed.53
73(22) On June 3, 1992 the President of the IBR requested the INDI its cooperation
to jointly carry out “a quantitative diagnosis of the applicant community, the social
and economic conditions in which its members live, their needs and expectations [,
as well as to] identif[y] the lands claimed, their agrologic conditions, state, use, and
exploitation, and fundamentally, the situation regarding the ownership thereof.” To
that purpose, the President of the IBR requested the INDI to appoint an official of
such institution to work in conjunction with the official commissioned by the IBR.54
73(23) On two occasions the attorneys for the Sawhoyamaxa Community reaffirmed
the request filed with the IBR so that it appoint an official to carry out an inspection
and study of the lands claimed, since the “proceedings h[ad] inexplicably and […]
unjustifiably halted.” 55
73(24) Finally, on January 6, 1993 the President of the IBR considered the request
filed by the members of the Sawhoyamaxa Community and decided that a visitation
and inspection of the lands claimed and a verification of the census conducted on
the Indigenous Community be carried out. To that purpose, it appointed an IBR
official.56
73(25) On January 8, 1993 the visual inspection, and the verification of the census,
ordered by the IBR were carried out. The IBR official was accompanied by an official
from the INDI, and the leaders of the Indigenous Community, together with their
52
Cf. report No. 352 issued by the Office for Indigenous Advocacy of the IBR on May 12, 1992 (case
file of appendixes to the answer to the complaint, appendix 1, folio 1316).
53
Cf. brief filed by the attorney for the Sawhoyamaxa Community with the IBR on May 25, 1992
(case file of appendixes to the complaint, appendix 1, folio 1319)
54
Cf. note A. No. 211 of the IBR addressed to the INDI on June 3, 1992 (case file of appendixes to
the complaint, appendix 1, folio 1318).
55
Cf. briefs filed by the attorney for the Sawhoyamaxa Community before the IBR on October 2,
1992 and November 13, 1992 (case file of appendixes to the answer to the complaint, appendix 1, folios
1331 to 1332 and 1336 to 1337).
56
Cf. resolution No. 8 issued by the President of the INDI on January 6, 1993 (case file of
appendixes to the answer to the complaint, appendix 1, folio 1341).