45
73(51) On September 26, 2000 Mr. Carlos Marecos and Marcelino López, leaders of
the Sawhoyamaxa and Xakmok Káser Indigenous Communities of the Enxet People,
requested the President of the Committee for Agrarian Reform of the Senate of the
National Congress, that a favorable report be issued regarding the bills of
condemnation introduced thereto (supra para. 73(50)).104
73(52) On September 27, 2000 the Committee for Agrarian Reform and Rural
Welfare of the Senate of the National Congress submitted before such Chamber a
report approving the foregoing bill of condemnation.105 Said report has been
subscribed by four out of the six members of the Committee for Agrarian Reform and
Rural Welfare.
73(53) Notwithstanding, on November 9, 2000 the votes of the senators who make
up the Committee for Agrarian Reform and Rural Welfare of the Senate of the
National Congress were divided. Thus, three of the members of said Committee
advised the Senate “in majority” to dismiss said bill,106 while two of them advised “in
minority” to pass such bill.107
73(54) Finally, on November 16, 2000 the Senate of the National Congress resolved
to dismiss the aforementioned bill.108
d)
Preliminary injunctions and notice of lis pendens for the protection of
the lands claimed
73(55) On September 7, 1993 the attorneys for the Sawhoyamaxa Community
requested the IBR to demand the Judiciary that a preliminary injunction be issued on
the lands claimed by said Community on the grounds that their owner had started to
cut down the forest in the area.109 By an order dated February 16, 1994 the Court of
the First Instance in Civil and Business Law, Fourth Rotation issued an injunction
over the real property belonging to the corporations Urbana Inmobiliaria S.A. (Urban
103
Cf. bill introduced by deputies Juan Carlos Ramírez-Montalbetti and Andrés Avelino Díaz on June
25, 1999 (case file of appendixes to the complaint, appendix 18, folio 1074).
104
Cf. communication addressed to the President of the Committee for Agrarian Reform of the
Senate of the National Congress by Mr. Carlos Marecos and Marcelino López, leaders of the Sawhoyamaxa
and Xakmok Káser Communities of the Enxet People (Lengua and Sanapaná) on September 26, 2000
(case file of appendixes to the complaint, appendix 18, folios 1076 to 1077).
105
Cf. report No. 12 2000/2001 issued by the Committee for Agrarian Reform and Rural Welfare on
September 27, 2000 (case file of appendixes to the complaint, appendix 18, folio 1078).
106
Cf. report No. 17 2000/2001 issued by the Committee for Agrarian Reform and Rural Welfare on
November 9, 2000 (case file of appendixes to the complaint, appendix 18, folio 1079).
107
Cf. report No. 16 2000/2001 issued by the Committee for Agrarian Reform and Rural Welfare on
November 9, 2000 (case file of appendixes to the complaint, appendix 18, folio 1080).
108
Cf. resolution No. 692 issued by the Senate on November 16, 2000 (case file of appendixes to the
complaint, appendix 18, folio 1081).
109
Cf. brief filed with the IBR by the Sawhoyamaxa Commnity on September 7, 1993 (case file of
appendixes to the answer to the complaint, appendix 1, folios 1433 to 1434).