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it, combined with the watercourses, makes the territory an ideal habitat for a wide
range of wildlife, including the pecari, frequently associated with palm-tree
savannahs. Two watercourses run across the claimed lands, i.e., the Zanjita Stream,
north of the Concepción–Pozo Colorado highway, and the Maroma Stream, to the
south. These watercourses divide the land in three sections of equal sizes. The lands
claimed offer a good assortment of the resources the indigenous people would
typically use. This makes the lands an ideal place for the eventual settlement of the
community.
The northern section of the land, mostly covered with palm-tree savannahs, has
been used for grazing cattle since before 1990. Although it is hard to confirm by the
satellite images used for this study, it is highly probable that the cattle has been
feeding in the high lands covered by quebracho forests.
Likewise, these lands have been deforested since 1990 for growing new pastures,
and fenced in for intensive cattle grazing. The deforested areas cover approximately
2,000 hectares, a great part of which are located within the Michi estate, to the north
of the road. This measurement is not accurate and should be checked by means of
an on-site inspection. From an ecological standpoint, it is most regrettable that
deforestation has done away with the integrity of the vegetation of the lands
claimed.
Theoretically, the lands claimed by the Sawhoyamaxa Community satisfy almost all
of the criteria upheld by the other Enxet communities in their search for lands in
which to settle. These criteria are: access to the land by the indigenous people who
file their claim, access roads, economic potential, suitability of the land for crops and
cattle, safe water sources, location within the areas traditionally used by the group,
and possibility of hunting. Moreover, its location is ideal, as it would enable the
indigenous people to reach the city of Concepción and other urban centers.
The 400 individuals comprising the Community are currently spread throughout
several residence locations. It is unlikely that the 14,404 hectares claimed by the
Sawhoyamaxa Community be sufficient, both in quality and in extension, to home
the reunited people and enable them to procure their subsistence from activities
carried out on those lands.
Land should be seen as an element enabling indigenous families to enhance and
develop their current subsistence strategies according to their own priorities. This
requires a detailed understanding of their landholding practices and subsistence
methods, and any imposition concerning the use of lands by external authorities will
constitute a violation of the indigenous people’s sovereignty and self-determination.
Following this approach, it would be possible to conclude that the lands claimed by
the Sawhoyamaxa Community are fit to provide the people with a safe base
wherefrom they can (a) continue with their current subsistence activities,
guaranteeing their physical survival in the short and mid term; (b) develop
alternative, safer activities enabling them to survive in the long term, which they
currently cannot carry out owing to their extreme physical vulnerability and their
state of economic poverty.
k. Expert Opinion of Mr. Augusto Fogel Pedrozo, expert witness