41
traditional territory and essential habitat.” Furthermore, it reaffirmed what had been
stated in the information furnished on May 12, 1994 (supra para. 73(34)) to the
effect that said lands were individualized as plot No. 16.784 and plot No. 16.786,
located in Chaco and which are registered under the name of the Roswell y Cia. S.A.
and Kansol S.A. corporations, respectively. Finally, it requested that the owners of
said property be sent a requirement that they make an offer for sale so that a
negotiated settlement could be reached.78 On September 26, 1996 the Legal
Counseling Department of the IBR determined that the Roswell y Cia. and Kansol
S.A. corporations should be requested to make “an offer regarding the involved piece
of land.”79 On October 31, 1996 the IBR notified the Roswell y Cia. S.A. and Kansol
S.A. corporations of the request filed by the Community on September 16, 1996, as
well as of above mentioned report issued by the Legal Counseling Department of the
IBR and requested their intervention in the current proceedings.80
73(37) On January 13, 1997 the Sawhoyamaxa Indigenous Community requested
the IBR to forward administrative case file No. 7597/91 to the INDI,81 which it did on
February 18, 1997.82 On February 26, 1997 the attorney for the Sawhoyamaxa
Indigenous Community filed a brief with the INDI, whereby he requested that a
“report be drawn recommending the condemnation of the lands claimed [by the
members of the Community] so that it be duly dealt with by the Congress of the
Republic.”83 Later, on April 21, 1997 the leaders of the Indigenous Community
reaffirmed such request to the INDI, as a matter requiring urgent treatment. To said
brief, they attached a copy of the census of the Community and of the
anthropological report on the Sawhoyamaxa Community drawn by the Centro de
Estudios Antropológicos de la Universidad “Nuestra Señora de la Asunción” [Center
for Antropological Studies of the “Our Lady of Asunción” University].”84
73(38) On May 7, 1997 the President of the Council of the INDI issued resolution No.
138/97, whereby it decided “[t]o fully support the claim laid by the Sawhoyamaxa
Indigenous Communities and recommend the IBR that it deem the administrative
proceeding before it to be concluded and request the condemnation of the property
claimed by the Indigenous Community through the proper channels.”85 Soon
78
Cf. brief filed by the Sawhoyamaxa Indigenous Community with the IBR on September 16, 1996
(case file of appendixes to the answer to the complaint, appendix 1, folio 1605).
79
Cf. report No. 3882 issued by the Legal Counseling Department of the IBR on September 26,
1996 (case file of appendixes to the answer to the complaint, appendix 1, folio 1612).
80
Cf. note SG No. 575 addressed by the IBR to Mr. Heribert Roedel on October 31, 1996 (case file
of appendixes to the answer to the complaint, appendix 1, folio 1600).
81
Cf. brief filed by the Sawhoyamaxa Indigenous Community with the IBR on January 13, 1997
(case file of appendixes to the answer to the complaint, appendix 1, folio 1592).
82
Cf. note SG No. 57 addressed by the Secretary-General of the IBR to the President of the INDI on
February 18, 1997 (case file of appendixes to the answer to the complaint, appendix 1, folio 1595).
83
Cf. brief filed by the Sawhoyamaxa Indigenous Community with the INDI on February 26, 1997
(case file of appendixes to the answer to the complaint, appendix 1, folios 1597 to 1598).
84
Cf. brief filed by the Sawhoyamaxa Indigenous Community with the INDI on February 21, 1997
(case file of appendixes to the answer to the complaint, appendix 1, folio 1599).
85
Cf. resolution P.C. No. 138/97 issued by the President of the Council of the INDI on May 7, 1997
(case file of appendixes to the answer to the complaint, appendix 1, folio 1503).