70 possible to enjoy such right to date, that is due to factual situations it has not been possible to solve in the domestic venue, but that does not amount to an obstruction or denial of rights; b) the lands claimed by the Community were declared part of its traditional habitat by the INDI; nonetheless, the refusal by the land owner to sell the lands to the INDI so that said area might, in turn, be transferred to the Sawhoyamaxa Community has proven to be a stumbling block. Moreover, the owner is protected under a treaty between Paraguay and Germany on the promotion and reciprocal protection of capital investments from both countries; c) the State offered temporary location solutions to the members of the Community while negotiations on a final solution were carried out. Said solutions became unfeasible as a result of the inflexibility of the legal representatives of the Indigenous Community and the refusal by Community members to be relocated in undisputed areas; d) the geographical location of the Enxet-Lengua covers an ancestral territory much larger than the one specifically pointed out as their traditional abode and which is the subject-matter of this claim they lay against the State; e) the State has not denied its obligations to restore rights to these peoples, but said rights must be in proportion with those of the general population that also abide by the other statutory obligations in order to come into landed property; f) it is remarkable that while both Yakye Axa and Sawhoyamaxa indigenous communities belong to the same ethnic group, the Enxet-Lengua, they each claim territories in locations so very distant from each other. When each group separated from the other to form a different community, they “chose” particular land spaces as belonging to “their ancestors”, based on little more requirements than their own whim. Historically, the areas they moved about cover a much larger area within the Chaco territory, for which reason their stubborness in claiming estates which have been declared rationally exploited and held under lawful property title, is a token of intolerance and shows their willingness to hinder the endeavors of Paraguay, and g) the State has not violated the rights of the members of the Sawhoyamaxa Community or any other indigenous group with respect to the obligation to adopt domestic legal provisions that ensure the rights of the indigenous peoples of Paraguay. On the contrary, never as in this stage of the history of Paraguay have so many aspects of the life of the citizens in general and of the indigenous communities in particular been recognized and protected. Considerations of the Court 116. Article 21 of the American Convention declares that:

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