9
them were living on the estates without education or medicines. It was then that
they joined efforts to demand “a place to live” from the Government. Thus, “[they]
made the rounds of the estates visiting [their] people, talking about how, in time,
[they] would be able to recover [their] lands, [their] language, [their] health, [their]
education and improve their standard of living” in general.
Initially, they stated their claim with the aid of an anthropologist from the Anglican
Church. In 1991, the leaders of the Community filed their claim with the Instituto de
Bienestar Rural [Rural Welfare Institute]. Likewise, the Instituto Paraguayo del
Indígena (INDI) [Paraguayan Institute for Indigenous Affairs] also intervened in the
case, and the first steps were taken. Many procedures were followed before different
institutions. During those early years, the INDI was asked to allow for a budget item
to purchase lands. In turn, the INDI asked Congress for a budget increase for such
purpose. However, its budget for the purchase of lands was cut some time later,
worsening the situation.
They also requested Congress to expropriate the lands claimed for the Community.
The Congressional Human Rights and Indigenous Affairs Committee ruled against the
request for condemnation, and when they learnt that the full house would reject the
request, they withdrew it. The members of the Community felt that the congressmen
did not care about the issue. That was very sad.
The President of the INDI offered them alternative lands, without specifying which;
his offer was not serious, and he never showed any document. Moreover, the
members of the Community felt fully identified with the Sawhoyamaxa lands and
they could not barter “just like that” the lands where their parents and grandparents
had lived. According to the witness, the lands claimed by the members of the
Community were used by their ancestors to hunt. They are the best ones; the only
place where there are still rainforests and other essential conditions for their
survival, such as water. The lands claimed are of great significance for the members
of the Community because they used to belong to them, and they still show traces of
their grandparents. What is more, many of their ancestors are buried there.
In 1994, the members of the Community succeeded in getting a court to issue an
injunction, but it was not abided by, and 1,200 hectares of forest were lost. Only a
year later was forest cutting stopped.
In 1999, the President of Paraguay declared the Sawhoyamaxa Community in
emergency state owing to their lacking lands of their own; this led them to believe
that they would have Congressional support and that it would study a new project for
condemnation, which was the only available way left open to them after they had
exhausted all other available procedures. This was the second time they made a
request for condemnation to Congress. After one year of studying the request, the
Senate once again rejected it. This made the Community very sad.
The lands have been the main subject of the Community’s claim, and once their
claim is addressed they will be able to solve the other problems, i.e., health,
education and food. The members of the Community demand huge efforts from their
leader not to neglect the Community, and he must keep abreast of the
developments.
b.
Statement by Mr. Leonardo González, leader of the Sawhoyamaxa
Indigenous Community and alleged victim