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Institutional reforms facilitating the reallocation of lands would contribute to
increasing farming production and reducing poverty levels. Based on the size of the
cattle farming establishments in Chaco, it may be stated that cattle farming in the
region is mostly extensive, with typically reduced efforts being made to maximize
profits and secure a quick financial return on investment. On the other hand, the
importance of cattle farming in creating employment opportunities is negligible in
terms of employment "quality.” If we analyze the employment conditions frequently
offered to indigenous workers by the cattle farming establishments in Chaco, the
treatment is absolutely reprehensible.
In spite of the legal framework recognizing and demanding respect for the rights of
indigenous peoples, the State is responsible for the social exclusion, poverty and
humiliation of these communities. This is largely due to the denial of the
constitutional right to a territory. Thus, according to the 2002 Report on the
Situation of Human Rights in Paraguay, the lands secured for indigenous peoples in
the East region amount to some 66,356 hectares, and 972,256 hectares in the West
region, and yet they are below the statutory minimum. According to the 2002
National Indigenous Census, to cover the minimum values set forth by statute, it is
necessary to secure some 240,000 hectares in the East region and 1,200,000
hectares in the West region. The claims by indigenous peoples are not necessarily
conflictive; in the case of the Presidente Hayes department, a large percentage of
the lands being claimed do not affect operating productive units.
Unfair practices are followed in determining the prices and choosing the lands for
allocating resources to the indigenous communities. For example, from 1996 to
1998, the Congress passed a budget allocation of about US$ 30,000,000 (thirty
million U.S. dollars) to purchase lands claimed by the indigenous communities.
However, as a result of the misuse of public funds and irregular practices in the
claims proceedings filed by the INDI, lands that were not being claimed were
purchased, and other ones were over-payed.
Among the issues restricting access of the indigenous communities to land are those
concerning the legislation governing the latifundia, or large landed estates, which, in
spite of introducing efficient use and environmental management standards for real
property, set forth loose standards which have not contributed to its disappearance
or to foster distribution and the land market. The Loma Porá estate is an example of
one of the most common practices in Paraguay for concealing the real extension of
lands held by a landowner. This cattle farming establishment covers 61,000 hectares
in all, subdivided into different holdings as a result of the territorial claim of the
Sawhoyamaxa Community, title to which is vested separately in different business
organizations set up for the purpose of splitting up the estate.
j.
Statement by Mr. Andrew Leake, expert witness
The general purpose of his study was to review the resources and models of land use
by the indigenous people in the East region of the Paraguayan Chaco, and in this
context to determine whether the extension of 14,404 hectares claimed by the
members of the Sawhoyamaxa Community will allow them to maintain and develop
their own sustenance. The data used for the study was obtained from archives,
personal communications and published material, but the study basically relies on
knowledge the witness has of the region and the indigenous population of Chaco. The
depth of the analysis of the land was limited to broad categories of soil coverage, to
the extent necessary for a preliminary examination. Any more detailed study will