19
72.
On February 22, 2001, the Provincial Government of Salta – Executive Power –
Secretariat of the Governor’s Office, issued Decree No. 339/01, taking into account “the meetings that
have been held with representatives of the aboriginal and creole inhabitants of Fiscal Lots Nos. 55 and 14
of the Department of Rivadavia”, and considering that “it is necessary to complete the cartography of
Fiscal Lots Nos. 55 and 14, so as to precisely reflect the locations of the different aboriginal communities
and creole families that reside in the lands of the aforementioned lots, identifying each family and each
community”, it was decided to create, within the ambit of the General Secretariat of the Governor’s Office,
a Commission composed of technical representatives of the provincial government, of the aboriginal
communities and the creole families who resided in both Fiscal Lots, for the purpose of carrying out such
mapping and completion of the existing cartography. In this Decree, a delegation was made to the
General Secretariat of the Governor’s Office of the power to supervise the Commission’s mandate, and
77
determine the terms and procedures for the conduction of the corresponding tasks.
73.
On July 19, 2001, the petitioners reported to the IACHR that in the constitution of the
Commission created by Decree No. 339/01, the representativeness of the Lhaka Honhat Association was
ignored, and its effective participation blocked, because it had not been given timely notification of its first
session, on April 23, 2001.
74.
On July 19, 2001, the petitioners also informed the IACHR about the continuing process
of parceling the territory by the Government of Salta, in spite of the commitments of the State, and also in
the framework of what they described as a strategy aimed at undermining the representativity of the
Lhaka Honhat Association and promoting the separation of its members.78
75.
On September 11, 2001, the General Coordinator of the Lhaka Honhat Association of
Aboriginal Communities sent a communication to the IACHR, expressing the communities’ discomfort at
the presence and activities of persons who presented themselves as envoys of the provincial government
of Salta, who were carrying out measurements within the Fiscal Lots. 79 Along with this communication, the
IACHR received copies of different minutes of the meetings held by the members of the communities of
Chowhay (Alto de la Sierra), La Puntana Chica, Quebracha, Horocha (Rancho Ñato) and La Puntana, in
which they manifested their opposition to the presence and measurement activities carried out by these
persons.
.
76.
On November 5, 2001, a meeting was held in Santa Victoria Este between the
indigenous and creole families that inhabit Fiscal Lots 14 and 55, which included the presence of several
chiefs affiliated to the Lhaka Honhat Association. As a consecuence of the meeting they agreed to
petition the authorities of the provincial government, inter alia, to suspend the parceling of their lands, to
apply Decree 339 of February 22, 2001, to stop the tending of new fences, and to halt commercial
forestry exploitation.”80
77.
In a communication dated December 26, 2001, received by the IACHR in March, 2002,
the Lhaka Honhat Association reported that there was consensus among the creole and indigenous
families of the area on their rejection of the Provincial Government’s parceling policy. 81
78.
On January 17, 2002, the petitioners reported again to the IACHR that the Provincial
Government of Salta was continuing its strategy of fragmenting the Fiscal Lots into parcels, and in
77
Decree 339 of 2001 of the Provincial Government of Salta, provided by the State through note of March 6, 2001.
78
Communication by the petitioners to the IACHR dated July 19, 2001, received by the IACHR on July 19, 2001, and
transmitted to the State on August 31, 2001.
79
Communication provided as an annex of the petitioners’ brief to the IACHR, received on November 14, 2001, and
transmitted to the State on January 3, 2002.
80
Communication provided as an annex of the petitioners’ brief to the IACHR, received on November 14, 2001, and
transmitted to the State on January 3, 2002.
81
21, 2002.
Communication by the Lhaka Honhat Association to the IACHR, December 26, 2001, transmitted to the State on March