74 Section 25.- Land claims shall meet the requirements set forth in subsection a) of Section 22,193 including full name of the owners of the piece of land occupied by indigenous communities. Claims shall be processed under the rules outlined in said Section. Section 26.- In case of condemnation, the procedure and compensation shall be governed by the Constitution and the laws, condemnation compensations shall be paid out of the appropriations of the necessary funds to be made in the National General Budget. 130. Consequently, under the very laws of Paraguay, the members of the Sawhoyamaxa Community have the right to claim restitution of their traditional lands even though said lands may be privately held and they, as claimants, may not be in full possession therof. ii) Time-restriction on the right to restitution 131. The second issue under analysis refers to whether the right to the restitution of traditional lands lasts indefinitely in time. In order to solve this matter, the Court takes into consideration that the spiritual and material basis for indigenous identity is mainly supported by their unique relationship with their traditional lands. As long as said relationship exists, the right to claim lands is enforceable, otherwise, it will lapse. Said relationship may be expressed in different ways, depending on the particular indigenous people involved and the specific circumstances surrounding it, and it may include the traditional use or presence, be it through spiritual or ceremonial ties; settlements or sporadic cultivation; seasonal or nomadic gathering, hunting and fishing; the use of natural resources associated with their customs and any other element characterizing their culture.194 132. It is to be further considered that the relationship with the land must be possible. For instance, in situations like in the instant case, where the relationship with the land is expressed, inter alia, in traditional hunting, fishing and gathering activities, if the members of the indigenous people carry out few or none of such traditional activities within the lands they have lost, because they have been prevented from doing so for reasons beyond their control, which actually hinder them from keeping up such relationship, such as acts of violence or threats against them, restitution rights shall be deemed to survive until said hindrances disappear. 193 Section 22 of Law No. 904/81 prescribes that: The following procedure shall be followed for indigenous communities´ settlements in state lands: a) The Institute shall notify the I.B.R. of the existence of an indigenous community, detailing number of members, settlement location, time of stay, crops and improvements, actually occupied area and any additional land claimed to satisfy their economic and expansion needs; b) Location of the area according to the I.B.R.´s property cadastral registry within twenty days from filing date; c) Visual inspection by I.B.R. within thirty days from cadastral location date, including filing of report in said term; d) Surveying and marking of the area by the I.B.R. within sixty days from date of filing of the report by the officer authorized to perform the visual inspection; e) Approval of surveying report within thirty days from filing date; and f) I.B.R. Resolution based on prior approving report issued by the Institute, authorizing indigenous community settlement. 194 Cf. Case of the Indigenous Community Yakye Axa, supra note 1, para. 154.

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