2
American law, namely, to conduct expropriation procedures, to ensure no impact on the survival of the
indigenous communities, to conduct prior, free and informed consultations, to conduct prior social and
environmental impact assessments, and to grant participation in the benefits derived from the works and
the concession. Furthermore, (e) the State of Argentina violated the territorial rights of the petitioner
indigenous communities, in having failed to exercise the required due diligence to control the
deforestation of the ancestral territory by illegal loggers.
6.
Consequently, the Commission establishes that for the foregoing reasons, the State of
Argentina violated Articles 21, 13, 23, 8 and 25 of the American Convention, in relation to the obligations
established in Articles 1.1 and 2 of the Convention; it declares that such violations have been partially
repaired; and it issues recommendations to redress the violations and ensure non-repetition.
7.
On the other hand, the Commission concludes that it has not been proven in the present
case that the State of Argentina violated the right to participation regarding the claims of deliberate
weakening of the Association by the State.
II.
PROCEDURE BEFORE THE COMMISSION
8.
On August 4, 1998, the IACHR received the initial petition, presented by the “Lhaka
Honhat” Association of Aboriginal Communities, with the support of the Centro de Estudios Legales y
Sociales (CELS) and the Center for Justice and International Law (CEJIL), in representation of the
indigenous communities that form part of the Association, against the Republic of Argentina. On
December 29, 1998, the IACHR received additional information from the petitioners. On January 26,
1999, the IACHR transmitted the pertinent parts of the petition to the Government of Argentina,
requesting it to submit information. On July 7, 1999, the IACHR received the State of Argentina’s
response to the petition. The text of the response, together with its supporting documentation, was
communicated to the petitioners on July 29, 1999.
9.
On October 21, 2006, the IACHR approved Admissibility Report No. 78/06, in which it
declared the petition admissible as regards the alleged violations of the rights protected in Articles 8(1),
13 in connection with 23, 21 and 25 of the American Convention, in relation to the general obligations
established in Articles 1 and 2 of said instrument.
th
10.
The petitioners submitted their brief with observations on the merits on January 4 , 2007,
and it was transmitted by the IACHR to the State through a note dated January 12, 2007.
11.
The IACHR received an Amicus Curiae brief in the course of the present process,
submitted by the Human Rights Clinic of the Masters Degree in Fundamental Rights of the Carlos III
rd
University of Madrid. It was received on July 3 , 2007, and communicated to both parties by the IACHR
on August 23, 2007.
12.
After the admissibility report, several working meetings were held in Argentina between
both parties. On March 11, 2008, a working meeting was held at the headquarters of the Commission
with representatives of the State and the petitioners and on November 2, 2009, a public hearing was held
2
in which the Federal Government asked the Commission to issue the merits report .
III.
POSITIONS OF THE PARTIES
A.
Positions of the petitioners
Arguments related to the territorial property of the indigenous peoples of Fiscal Lots 55
and 14 of the Salta Province
2
Minutes of the public hearing held on November 2, 2009 at the headquarters of the Commission with representatives of
the State and the petitioners.