14
extension of approximately 61,000. The estate is divided into two holdings, owned
by the companies Urbana Inmobiliaria S.A. (Urban Real Estate, Inc.) and Compañía
Paraguaya de Engorde Novillos S.A.
Upon arrival at his destination, he could verify that an immense extension of woods
had been deforested. Furthermore, he found approximately one hundred temporary,
informal workers, who had been hired to plant grazing pastures in the deforested
area.
Before arriving in the area claimed by the Community, the witness visited the
Alwátétkok indigenous village, located in the Maroma estate. Prior to this, the
leaders of the Sawhoyamaxa Community had denounced before Congress the
working conditions of the indigenous people living in this village. At the time, the
village was made up of 78 people, out of which five men and one woman worked at
the estate. None of them knew what their monthly wages were. According to them,
the owner paid them every Christmas. Apparently, they worked “independently”, and
received the following weekly provisions for free: half a kilo of locro, half a kilo of
tapioca flour, half a kilo of beans, half a kilo of salt and half a kilo of yerba mate.
They were also given the remains of slaughtered animals. Other provisions and
clothing would be delivered to them on credit. The indigenous people did not know
the prices of the items and provisions they received. According to the interviews the
witness made, the employer made no social security contributions for the indigenous
people, nor did he pay them the statutory year-end bonus, and made them work
seven days a week, without any annual vacation leave. Moreover, the Community
could not grow vegetables in the village, as there were no fences to protect the
patches from the cattle. Their only means to survive was through hunting, gathering
and fishing. However, the owner forbade them from hunting, although they
continued hunting secretly, with the only aim of surviving. There was no school for
the children and there was no health care service whatsoever. They would drink
water from a large pond, and it was quite dirty.
g.
Statement by Mr. Oscar Centurión, witness
He held the position of president of the Instituto Paraguayo del Indígena
(Paraguayan Institute on Indigenous Affairs) from January 2002 to September 2005,
so he is acquainted with the Sawhoyamaxa Indigenous Community, its leader Carlos
Marecos and its legal representatives. In his capacity as President of said institution,
he undertook many procedures to carry on the Instituto de Bienestar Rural [Rural
Welfare Institute] proceedings concerning the land claim by the Sawhoyamaxa
Community, both with the owner of the real property claimed by the Community and
with the public entities having jurisdiction on the matter, in order to raise sufficient
funds to acquire the property claimed. Pursuant to a resolution issued by the
Instituto Paraguayo del Indígena (Paraguayan Institute on Indigenous Affairs), the
owner or his legal representative was requested to sell the real property directly so it
would be made over to the Community. However, the owner refused, alleging that
the estate is in full production. The Community has systematically refused to accept
a property other than the estate they claim, which makes the solution of this
problem very hard or unlikely. Granting alternative lands to the Sawhoyamaxa
Community is feasible since it is part of an ethnic group whose habitat covers the
entire extension of the Presidente Hayes department. Faced with the impossibility of
reaching a friendly settlement with the owner of the lands, the Instituto Paraguayo
del Indígena (Paraguayan Institute on Indigenous Affairs) moved for precautionary
measures to protect the rights of the indigenous people.