10 He has been the leader of the second largest village of the Community, known as "KM 16", assisting Carlos Marecos, the first leader. His responsibility is to work with about sixteen families, who champion the struggle for reclaiming their traditional lands. This village has been settling on the roadside, 392 KM down the highway running from Pozo Colorado to Concepción, for over fifteen years. The witness recalls that when he lived with his parents at the Loma Porá estate, his uncle and aunt lived on the roadside in “KM 16”, and even his grandparents died there. Several families who are members of the Community are scattered throughout the neighboring estates such as Naranjito, Diana and others. When they get their lands, all the families will be brought together again. The lands the members of the Sawhoyamaxa Community are claiming were home to their ancestors and many of the surviving old people. In the place there are “orange, grapefruit and guaba trees that were planted by his people, as well as many coconut trees, and all of that is still there." In 1991, procedures to claim the land started, with the aid of the Anglicans, meeting and talking with the people. Thus, the Community formally laid claim to the lands before the State, through the INDI, the Instituto de Bienestar Rural [Rural Welfare Institute] and the Congress. During all that time, the members of the Community received several visits by attorneys and congressmen. On one occasion, senator Badel Rachid-Lichi visited them, offering alternative lands, without specifying which, and without the presence of their lawyers, so the members of the Community did not consider this offer. It is a pity that, in all this time, the State has failed to provide a solution to the issue, with the Congress rejecting their request for condemnation, all of which severely affects the members of the Community. The members of the Community are totally helpless; there are no records of births or deaths in the Community. Many of the members of the Community have no identity cards. The members of the Community are not assisted in health care centers, if they ever get to them, because they have no money or due to the lack of doctors. Many times they want to resort to their knowledge of traditional medicine, but they cannot get to the medicinal herbs because these are to be found inside the wirefenced estates. Faced with this, they must contemplate disease and death with resignation. c. Statement by Ms. Gladys Benítez, alleged victim She belongs to the Sawhoyamaxa Indigenous Community. Since long ago, the Community has been settled on the roadside, 370 kilometers down the highway running from Pozo Colorado to Concepción. The soil of this settlement is not good for growing crops. As a result, the members of the Community normally have “no food or place to find it.” On some occasions, members of the Community go into the adjacent enclosure to gather honey and fruit. These incursions must be made “hiding from the guards [...] because if they find [them] there, they shoot at [their] heads, as it happened not long ago with a member of the Community."

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