2 waste into these small earth dams. Entry into the property is expressly forbidden by its current holders. In November 2002, the members of the Community received a 5,000liter fiberglass water tank supplied by tank trucks from the Centro Nacional de Emergencia [National Emergency Center] with water from some small earth dam or other, that is to say non-drinking water. In January 2003, they received another high-capacity fiberglass tank. Currently[,] one of the tanks is broken because it was wrongly laid down. The other one is unused. Water has not been supplied for several months and they again depend on water carried in from the nearby small earth dams. The 24 huts comprising the [C]ommunity are made from karanda’y[,]a palm tree found in the Chaco region […]. People use the word karanda’y to refer to the trunk of this palm tree, generally cut in half lengthwise. In order to build the roof they carve out the inside of the trunk to form a chute. The walls or roofs of several huts are completed with pieces of plastic or any waste material, others had parts of the roof covered with zinc plates[,] and those that have been recently rebuilt had roofs made from reed. None of the huts have floors made of some solid material, all of them have untamped earth floors [,] only some of them are above ground level. Many of them are precariously divided into two rooms. Fire for cooking is made outdoors. When it rains they must make it inside the only izba they have […]. It must be clarified that all the constructions described above are precariously built; the walls have big chinks, the roofs leak; if they have doors, they are very difficult to close, if they […]can close them at all. […] The data collected confirm what can be painfully observed when visiting the [C]ommunity. There is not much to say about the conclusive figures before us. All the [C]ommunity has been living in severely straitened circumstances for many years, in huts that in no case could ever be called dwellings, in extremely cramped conditions defying description, without even one latrine, worthy of the name throughout the entire [C]ommunity, without drinking water, there is not even enough water to meet the mininum basic needs. They have no chance whatsoever to live their lives according to the traditional practices of the Enxet, i.e. hunting, gathering and small-scale agriculture. In addition[,] State presence is non-existent, there are no representatives of police, judicial, or welfare authorities, such as health care authorities. As can be observed in most of the deaths[,] people died without medical care. The few that managed to get to a health care center or professional, either did so when it was too late or were very deficiently treated, or more precisely, they were treated in a manner that is degrading to the human condition. During the last visit (07/01/06), one could see, at a glance, how the dwellings had deteriorated since the previous visits. The room they use as a school is leaning and about to collapse. Nothing had changed, except for those who had died as a result of the neglect by the Paraguayan State and their families. In the face of this, I can only say that: The Sawhoyamaxa Community lives in extreme poverty." (emphasis in original) 13. In the instant case, the living conditions of the Sawhoyamaxa Community affect both their personal and cultural identity. The fact that I pointed out in my separate opinion in the Case of the Serrano-Cruz Sisters v. El Salvador,2 that the disappearance of the girls violated their right to personal and cultural identity, is even more apparent in the instant case of the Sawhoyamaxa Community, in which the identity of its members and their culture is closely tied to the land, all of which determines their way of life and beliefs. The fact of having had to leave their ancestral lands and of lacking the possibility of hunting, fishing or gathering fruit constitutes a direct causal connection with the loss of their personal and cultural identity. 14. By way of conclusion, regarding the violation of Article 4(1) in relation to Articles 1(1) and 19 of the American Convention, the Court stated: Considering the aforesaid, the Court finds that the State violated Article 4(1) of the American Convention, as regards Article 1(1) thereof, since it has not adopted the necessary positive measures within its powers, which could reasonably be expected to 2 Dissenting Opinion of Judge Ventura-Robles, Case of the Serrano-Cruz sisters v. El Salvador. Judgment of March 1, 2005.