36
73(17) At the time when the facts in the instant case took place, the procedure for
dealing with land tenure problems in Paraguay was administrative in nature and was
in charge of the Instituto de Bienestar Rural [Institute of Rural Welfare] (hereinafter
the “IBR”).46 All territorial indigenous issues are filed with the INDI and with the IBR,
which always act within the administrative sphere.47
73(18) On August 6, 1991, the same day when Mr. Carlos Marecos and Teresio
González filed a request to be recognized as leaders of the Sawhoyamaxa
Community (supra para. 73(11)), they requested the IBR “for [their] immediate and
future needs,” that 8,000 hectares of land be given them “near Sa[w]hoyamaxa
(Retiro Santa Elisa in Loma Porá Estate), approximately 30 KM away from
Concepción.” They made such petition on the grounds of “their right as members of
the original people from t[hat] area [to] be given back a part of what had once
belonged to [their] ancestors,” and of which they had been allegedly “deprived
[without] receiv[ing] any compensation.” Likewise, they argued that the lands
claimed were part of their “traditional hunting grounds”, which at that moment was a
“condemned piece of land”, meaning that it was not being used productively.48 Such
request started administrative proceeding No. 7597/91, entitled “Indigenous
Community of Maroma–Pozo Colorado.”49
73(19) On September 4, 1991 the Office for Indigenous Advocacy of the IBR decided
that in order to continue with the processing of the request for lands filed by the
members of the Sawhoyamaxa Community, subparagraph b) of Article 22 of the
Estatuto de las Comunidades Indígenas (Status of Indigenous Communities) (Law
No. 904/81), was to be complied with and that the location of such lands in the Land
Register Office of the IBR was to be determined, wherefore it advised that case file
No. 7597/91 be forwarded to the Engineering Department of such institution.50 Later,
based on the land register maps, the Land Register Office of the INDI determined
that the piece of land claimed by the members of the Sawhoyamaxa Community
belonged to private owners.51
46
Cf. law No. 854/63 enacting the Estatuto Agrario (Agrarian Statute) of March 29, 1963. Digesto
Normativo sobre Pueblos Indígenas in el Paraguay (Normative Digest on Indigenous Peoples in Paraguay).
1811-2003. Paraguay, 2003 (case file of appendixes to the complaint, appendix 20, page 823).
47
Cf. law No. 904/81 which sets forth the Estatuto de las Comunidades Indígenas (Status of
Indigenous Communities) of December 18, 1981. Digesto Normativo sobre Pueblos Indígenas in el
Paraguay (Normative Digest on Indigenous Peoples in Paraguay). 1811-2003. Paraguay, 2003 (case file of
appendixes to the complaint, appendix 20, page 877), and statement rendered by Mr. Augusto Fogel
before a public official whose acts command full faith and credit on January 13, 2006 (case file on the
merits, reparations, and costs, Volume III, folios 631 to 661).
48
Cf. brief filed by the leaders of Maroma, Loma Porá, Ledesma, Naranjito, Diana, Santa Elisa
Garay, Santo Domingo and Kilómetro 16 villages with the IBR on August 6, 1991, supra note 26.
49
Cf. title of administrative case file No. 7597/91 (case file of appendixes to the answer to the
complaint, appendix 1, folio 1298).
50
Cf. report No. 2103 issued by the Office for Indigenous Advocacy of the IBR on September 4,
1991 (case file of appendixes to the answer to the complaint, appendix 1, folio 1311).
51
Cf. notes of September 23, 1991; October 4, 1991; October 7, 1991; October 14, 1991 and May
6, 1992 issued during the proceeding of case file No. 7597/91 before the IBR (case file of appendixes to
the answer to the complaint, appendix 1, folios 1311 and 1313).