43 within the framework of the law, [the Sawhoyamaxa Community] be awarded plots of land which be suitable for their way of living and in which they can obtain the necessary means of subsistence, within the 250.000 hectares which, according to the report by the Anthropological Service, make up [their] traditional habitat.”93 73(43) On December 3, 1998 the Legal Counseling Department of the IBR issued report No. 2065, whereby it pointed out that, inter alia, although from the file of the case pending before such institution it results “that the piece of land requested, Retiro SANTA ELISA, is part […] of th[e] traditional habitat” of the members of the Sawhoyamaxa Community, from the steps taken by the IBR and the attached documents “the rationality of the exploitation” of such pieces of land was evidenced, whereby, “pursuant to the provisions of the AGRARIAN STATUTE, it w[as] not possible to compulsively take them and the owners refused any other negotiated outcome.” Thus, the report concluded that the IBR had no “powers to sacrifice an ECONOMIC UNIT, particularly if there is an alternative solution.”94 73(44) On June 15, 1999 the IBR issued resolution No. 170, whereby it pointed out, inter alia, that it is not for the IBR to decide whether to condemn or to negotiate the purchase of a piece of real property claimed by an Indigenous Community, or not; such power lies exclusively with the [INDI. T]herefore, such institution is the one which will consider whether granting such petition is feasible or not [,] wherefore it decided: 1. 2. To accept the recommendation contained in Resolution PC. No.138/97, issued by the President of the Instituto Paraguayo del Indígena (Paraguayan Institute for Indigenous Affairs) [(supra para. 73(38))], and therefore, to consider the administrative proceeding recorded in this case file to be concluded. To order that Case File No. 7567/91 entitled: “Indigenous Community of MaromaPozo Colorado – on/lands”, be forwarded to the Instituto Paraguayo del Indígena (Paraguayan Institute for Indigenous Affairs) so that the steps that may be legally 95 appropriate be taken. […] 73(45) On July 16, 1999 the IBR forwarded administrative case file No. 7597/91 to the INDI.96 73(46) On July 13, 1999 the attorney for the Sawhoyamaxa Community filed a brief with the INDI, requesting that a meeting be convened with the owners of the lands claimed in order to speed the possible negotiations.97 93 Cf. note P.C. No. 966/98 of the INDI addressed to the IBR on November 27, 1998 (case file of appendixes to the answer to the complaint, appendix 1, folio 1578). 94 Cf. report No. 2065 issued by the Legal Counseling Department of the IBR on December 3, 1998 (case file of appendixes to the answer to the complaint, appendix 1, folio 1580). What has been highlighted was so in the original document. 95 Cf. resolution No. 170 (Record No.7) issued by the IBR on June 15, 1999 (case file of appendixes to the answer to the complaint, appendix 1, folios 1583 to 1584). 96 Cf. note A No. 131 of the IBR addressed to the INDI on July 16, 1999 (case file of appendixes to the answer to the complaint, appendix 1, folio 1589). 97 Cf. brief filed by the Sawhoyamaxa Indigenous Community with the INDI on July 13, 1999 (case file of appendixes to the answer to the complaint, appendix 1, folio 1588).