60 leaves indefinitely open the possibility of submitting a new offer, and so on and so forth; f) the bills of law on condemnation presented by the Community in 1997 and 2000 to the Congress also proved to be an ineffective land restitution method. This approach only rendered positive results in the cases where the owners were willing to negotiate the transfer of the claimed lands, and g) to the causes of the failure by the State to comply with the duty to adopt measures must be added the failure to apportion to the INDI the necessary funds to acquire lands for indigenous communities; the continuous denial by the Congress to expedite condemnations in favor of the indigenous communities; the lack and ineffectiveness of provisional and environmental injuctions aimed at protecting the habitat of the Sawhoyamaxa Community. These omissions by the State amount to a violation of Articles 1(1) and 2 of the Convention. Argument by the State 76. In relation to Articles 8, 25, 1(1) and 2 of the American Convention, the State alleged that: a) in the administrative proceedings, all the steps necessary to allow the Community to make possession and property claims with respect to their ancestral lands were effectively taken; b) the actions taken by the attorneys for the Sawhoyamaxa Community in the domestic courts have always been inadequate, untimely or clearly insufficient. Indeed, having statutory remedies available to them, in no case did they challenge any of the resolutions by administrative authorities, which became final by operation of law; c) the representatives are the ones burdened with proving the inexistence of adequate and effective remedies. However, in the instant case, available remedies have not been sought. For example, the administrative-law remedy; d) it is true that the final step in any administrative action is the adoption of a resolution by the IBR ordering condemnation of the land, or as the case may be, dismissing the request for condemnation, based on whether the claimed piece of land is determined to be rationally exploited or not. In the instant case, the second course was precisely the one taken. If the resolution is based on statutory rules such as the Agrarian Law, which takes into consideration the suitableness for production purposes of the lands claimed, it is logical for the authorities to conclude that the lands claimed by the Sawhoyamaxa Community failed to meet condemnation requirements. However, since the remedies to judicially challenge the administrative authorities’ possible misconstruction of said statute have not been exhausted, the resolutions adopted with respect to the request of the Community have become final by the latter’s consent; e) an essential requirement to access communal property of the land is to have obtained legal personality. Under Article 62 of the National Constitution of Paraguay, no ethnic group or people, such as the Enxet Lengua in the

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