8
ownership of the land to its occupants, creoles and a indigenous people, who have a long and unbroken
history of peaceful coexistence of more than a hundred years.
34.
On April 12, 2005, the Attorney General of the Province of Salta informed the National
Government that because no answer was given to the proposal of distribution of land, the Provincial
Executive had resolved to conduct a referendum regarding the measures to adopt on the land claimed by
the Lhaka Honhat Association. In that sense, a referendum project was sent to the Legislative. According
to the Province of Salta only after the referendum was held a new dialogue between the parties could
begin. For the Province, the referendum was the only mechanism for granting effective participation of
local people and is provided for in Article 6 of Convention N° 169 of the ILO which provides for
“consultation with peoples concerned, through appropriate procedures”.
35.
On August 24, 2005, the Commission received information from the Attorney General of
Salta regarding illegal intrusion and wood extraction denounced by the petitioners. The Province of Salta
indicates that those events occur because it is a vast land (650,000 hectares), owned by the Province
28
and difficult to monitor. On September 18, 2006, the Commission received a communication from the
Attorney General sending copies of more than four hundred allotments of land to both indigenous people
29
and creoles, in compliance with the referendum held in October 2005.
36.
On September 7, 2006, the National Government sent the Commission a draft of an
alternative proposal to the proposal of the Province of Salta regarding the distribution of the land located
on Lots 55 and 14. The proposal provides for the adjudication of land to indigenous communities under a
single property title, free of livestock and fences. It also provides for compensation to the creole
populations for losses due to their relocation.
37.
On February 9, 2009, the State submitted a communication from the Secretary General
of the Interior in which stated that since December 2007 he had conducted interviews with the parties in
the case in order to achieve a real solution of the matter.
38.
At a working meeting held in Buenos Aires on April 27, 2011 with Commissioner Luz
Patricia Mejía, representatives of the Province of Salta reported that there have been advances in the
distribution and titling of 400,000 hectares of land to indigenous communities. They added that in defining
the beneficiaries, working visits were carried out in order to correctly map the claimed territory and
workshops were attended by members of the indigenous communities and creoles. In that sense, they
informed that all reports prepared in meetings and workshops had been endorsed by the leader of the
Lhaka Honhat Association. The Human Rights Secretariat of the Province of Salta reported that the
Province needs to relocate 230 creole families and for that, funding is required. On the other hand, they
explained that the Mision La Paz International Bridge project that connects Brazil, Paraguay and
30
Argentina was paralyzed and housing works were done, in accordance with the communities.
39.
In May 2011, the Provincial Government of Salta sent the IACHR a report on the
progress of the process of regularization and adjudication of land in Lots 14 and 55, which included a list
of the communities, distinguishing between that are associated with Lhaka Honhat and those that are not.
The report informed that the Associated has 27 member communities, while 20 other indigenous
communities that live on the Lots are not. The State sent copies of reports, minutes, maps, photes and
other information. In communicationof July 7, 2011, the State sent a report from the Ministry of Agriculture
regarding the guidelines for the “Comprehensive Development- Inclusive of Lots 55 and 14 of the
28
Communication from the Attorney General of August 19, 2005, received at the Commission on August 24, 2005.
29
Communication from the Attorney General received at the Commission on September 18, 2006.
30
Minute of the working meeting held between representatives of the State and Commissioner Luz Patricia Mejía on April
27, 2011 in Buenos Aires, Argentina. The petitioners were invited to the meeting but previously informed that they would not be able
to attend.