75
133. As it stems from the Proven Facts Chapter in the instant judgment (supra
para. 73(70), the members of the Sawhoyamaxa Community, in spite of having been
dispossessed and of being denied access to the claimed lands, still carry out
traditional activities in them and still consider them their own. This has been pointed
out by the members of the Community themselves who submitted their statements
through affidavits:
“[W]e could not barter just like that the lands where our parents and grandparents
lived, we felt fully identified with Sawhoyamaxa, and we still uphold that […] The lands
we are claiming were the ones used by our ancestors to hunt and are the only lands
that still have native forests and other things […] that are important for us, for us to
live, such as water. Those lands are very meaningful for us because they used to be
ours. Many of our ancestors are also buried there. […]
Those lands are the ones best enabling us to live, we are not claiming them just for the
sake of it, but because they are the only ones still to hold traces of our
grandparents.”195
“This is the way we are affected by being landless, we do not want to bury our people
just like that, in the street, but as we have no land of our own, we do it in a cemetery
located in Loma Porâ; but we would like to be given back our Sawhoyamaxa land so
that this will not go on any longer and we be able to bury our beloved ones in the lands
we are asking for.”196
“Many times we want to resort to our traditional medical knowledge, but we cannot get
to gather medicinal herbs because they are to be found inside the wire-fenced lands
and we must contemplate disease and death with resignation.”197
“It is sad because our language is being lost. In KM 16 there people who speak our
language are fewer and fewer all the time, already when we were in Loma Porâ, as we
lived among Paraguayan people, we had started to slowly lose our language and now
that we live alongside the road it is being lost all the more. It is not that we do not
want to speak our language, on the contrary, we want our customs back, but it is hard
when, at school for example, and in our daily business, we need to try and live
exclusively among Paraguayan people. It is hard for our children to learn our customs
this way […]. If there are professors who teach in our language we could soon use it
and speak it and recover our culture that is being lost… When I was a child I used to
watch our people practice our rites and now old women tell us how it was then, that is
no longer done, because it is difficult now where we are living. How can we manage to
do it if we do not have a proper place? We cannot do it on the street, besides we need
certain natural resources we cannot get in this situation, that is why we think that if we
have our lands back, we will be able to recover all that and this way our children will
not go through what we are now going through. We will be able to practice our
customs.”198
134. Based on the foregoing, the Court considers that the land restitution right of
the members of the Sawhoyamaxa Community has not lapsed.
iii) Actions to enforce the rights of the community members over their
traditional lands
195
Cf. testimony by affidavit of Carlos Carlos Marecos of January 17, 2006, supra note 27.
196
Cf. testimony by affidavit of Elsa Ayala of January 17, 2006, supra note 119.
197
Cf. testimony by affidavit of Leonardo González of January 17, 2006, supra note 145.
198
Cf. testimony by affidavit of Mariana Ayala of January 17, 2006, supra note 120.