23
of the friendly settlement process of petition 12.094 of the IACHR Registry”, in which the representatives
of the Ministry of Foreign Affairs, the Ministry of Justice and the National Institute of Indigenous Affairs
expressed their concern at the stagnation of the friendly settlement process since the referendum had
been organized, requested the Governor of the Province to suspend such initiative for the purpose of
facilitating a resolution of the problem, urged the Lhaka Honhat Association to expressly pose its
observations on the land adjudication proposal presented by the Provincial Government on March 2,
2005, and requested the IACHR to help through the designation of an observer or expert.
92.
On October 7, 2005, the IACHR transmitted the petitioners’ observations received on
September 30th to the State, and requested from it specific information on (1) whether the indigenous
communities had been consulted about the referendum and its possible implications, (2) what the impact
of the referendum would be upon the case that was being processed by the inter-American system, and
(3) the situation in the area and the commitments adopted by the Government in the different minutes of
meetings signed by the parties to the friendly settlement process. On October 12, 2005, the IACHR
received a communication signed by the Secretary General of the Salta Governor’s Office, in which he
reported that:
“. . . the referéndum was decided by the Legislature of the Province of Salta, for the precise
purpose of consulting the indigenous and the non-indigenous inhabitants about the measures that
could affect them. Thus we complied with the provision of Article 15 paragraph 2 of the Constitution
of the Province of Salta, which states literally: ‘The Provincial Government shall generate
mechanisms that will make it possible, for both the indigenous and the non-indigenous, with their
effective participation, to agree on solutions to matters related to the fiscal lands, respecting third
parties’ rights.’
In addition to this, meetings have been held in practically all of the communities, clarifying the
meaning of the referendum and distributing explanatory leaflets in Spanish and in the Wichí,
Chulupí and Chorote languages.”
93.
Mr. Indalecio Calermo, who presented himself as “General Chief of the Wichi Race and
General Coordinator of the Wichi ethnicity in the Province of Salta”, presented an amparo lawsuit against
the Lhaka Honhat Association, requesting that the judge order the defendant to abstain from any act
tending to prevent the participation of the communities of Lots 14 and 55 in the referendum. This lawsuit
was accepted by the Court, which ordered the Association to abstain “from carrying out actions tending to
94
undermine in any way the right to vote in the referendum summoned for October 23, 2005.”
94.
On October 8, 2005, the chiefs of the communities that form the Lhaka Honhat
Association signed a public declaration, in which they stated: “In the community of San Luis, having met
th
on the 8 of October 2005, the chiefs, leaders and delegates of the communities of Lots 55 and 14 of the
province of Salta, ratify our unanimous will to request the Governor of the Province of Salta to suspend
rd
the referendum slated for October 23 , because it imperils our constitutional rights to land.” In addition,
the chiefs annexed to their declaration a document entitled “Petition”, in which they summarized their
position on the main points of the controversy.
95.
On October 23, 2005, the Provincial Government held the referendum. The majority
voted Yes. The provincial Government stated, in different public notes, that an affirmative response by
95
98% of the voters had been obtained; this result was broken down in a public report, in which it was
explained that 5049 votes had been counted in favor of Yes, 131 in favor of No, 3978 blank votes, and 34
96
invalid votes.
94
Communication by the petitioners to the IACHR, received on September 30, 2005.
95
See, inter alia: Note published on the website of the Secretariat of Press and Diffusion of the Government of Salta,
November 7, 2005; Note published in the newspaper El Tribuno on October 28, 2005. Documents submitted to the IACHR with the
petitioners’ note received on November 11, 2005, transmitted to the State on January 31, 2006.
96
Document submitted to the IACHR with the petitioners’ note received on November 11, 2005, transmitted to the State
on January 31, 2006.