7
original claim and solves the matter with arguments that have no relation with the submitted claim.
(…) the petition presented to the courts obtained an arbitrary response, which in no way results
23
from a reasoned conclusion on the application of the law.”
(b) Second, they explain that in Argentina there does not exist an effective procedure to delimit,
24
demarcate and grant title to property of indigenous lands.
In the case of the indigenous
communities of Lots 14 and 55, the inexistence of a domestic procedure for the recognition,
demarcation, delimitation and granting of title to property of indigenous lands has meant that twenty
years after the claim was initiated, their claims have not received a response.
Right to freedom of association
29.
The petitioners argue that the State has acted to debilitate the organizational form freely
chosen by the indigenous communities of Lots 55 and 14 to pursue their territorial claim, namely, the
Lhaka Honhat Association; this allegedly took place through the recurrent acts of the Provincial
Government aimed at promoting the separation of its constitutive communities and division among its
members, all of which violates its freedom of association. 25
B.
Position of the State
30.
In a communication dated October 4, 2001, the State indicated that since Argentina is a
representative and federal government, the territories claimed by the petitioners are owned by the
Province of Salta, not by the Federal Government. It explained that the ownership of the subsoil pertains
to the Federal Government and therefore the Province of Salta can not make final decisions regarding oil
exploration and exploitation. It further asserts that the present case is of coexistence of legal systems
arising from different authorities. In the same communication, the National Government reported that the
Province of Salta had committed to treat Lots 14 and 55 as one single land to adjudicate to both the
indigenous communities and to non-indigenous population. It also committed not to undergo new works
26
on those Lots without prior consultation with the indigenous communities.
31.
In several communications the State acknowledged that the indigenous communities that
inhabit Lots 14 and 55 are entitled to ownership of their ancestral territory. Both National and Provincial
Governments stated their commitment to formally award them said property.
32.
In a hearing held at the IACHR headquarters on March 2, 2005, State representatives
gave the Commission a copy of a letter sent from the Secretary of Government of the Province of Salta to
the Ministry of Foreign Affairs, International Trade and Worship, indicating that the works on the
Provincial Route N° 54 were limited to the stretch that links the towns of Santa Victoria Este and Mision
La Paz, and those works had been agreed by both the indigeonous and non-indigenous residents of the
27
affected land.
33.
At the same hearing the Commission received a copy of a letter from the Attorney
General of the Province of Salta stating that environmental studies were conducted in the area and
expressed the willingness of the Province to carry out other necessary investigations to determine the
possible impact of the work, stating that those works are essential for improving the living conditions of
the residents. He reiterated the commitment of the Government of the Province of Salta to convey
23
Initial petition, received by the IACHR on August 4, 1998, and transmitted to the State on January 26, 1999.
24
Petitioners’ observations on the merits, received by the IACHR on January 4, 2007, and transmitted to the State
through note of January 12, 2007.
25
Petitioners’ observations on the merits, received by the IACHR on January 4, 2007, and transmitted to the State
through note of January 12, 2007.
26
27
State´s observations received by the IACHR on October 4, 2001.
Communication of Februrary 21, 2005, addressed to the Ministry of Foreign Affairs, International Trade and Worship
from the Secretary of Government of the Province of Salta. Received by the Commission during a working meeting held on March 2,
2005.