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a)
in the instant case, Paraguay has violated its obligation to guarantee
the right to life to the members of the Sawhoyamaxa Community, since the
lack of recognition and protection of their lands forced them to live on a
roadside and deprived them from access to their traditional means of
subsistence;
b)
The provision of food and medical care by the State to the members
of the Community has been clearly insufficient and irregular, and
c)
thirty-one members of the Community died between 1991 and 2003.
Nine were more than 18 years old, twenty were boys and girls and there
are two dead persons of whom there is no data regarding their age at the
time of death. The causes of death in the twenty cases of boys and girls are
tetanus, measles, enterocolitis, pneumonia, dehydration and cachexia,
being all of them medical conditions that could have been prevented and
cured, or even better, avoided by allowing the members of the Community
to live in a healthy environment, avoiding exposure to the risks brought
about by their indefinite situation, dwelling alongside a public road.
Arguments by the Representatives
146. As regards to Article 4 of the Convention, regarding Article 1(1) thereof, the
representatives alleged the following:
a)
the State has violated the right to life of the Sawhoyamaxa
Community and its members: i) by failing to restore to the Community their
ancestral lands and their traditional habitat, thus affecting their different
way of life, as wel as their life projects; ii) by failing to guarantee decent
living conditions respectful of their distinctive way of living; iii) by failing to
adopt the necessary measures to overcome the conditions of extreme
vulnerability and risk in which they live, and iv) by failing to adopt the
necessary measures to prevent and avoid the death of the 31 members of
the Community to whom reference was made in the brief of requests and
arguments, and the death of 14 more members who died after 2003, and
b)
even though the State declared the Community to be in an
emergency and undertook to adopt the necessary measures to ensure the
right to life, physical integrity and safety of its members, such services
have been insufficient and deficient, and the vulnerability and risk situation
has continued.
Arguments by the State
147. As regards to Article 4 of the American Convention, regarding Article 1(1)
thereof, the State alleged the following:
a) A public health service has been made available to indigenous peoples,
as well as to all the citizens. However, it is the personal responsibility of the
citizens to reach health centers; and, in the case of the indigenous
communities, leaders as well as chiefs share the responsibility of taking
their people to such centers, or at least, to make it possible for assistance