25
“Broadening of the proposal for land adjudication submitted by the Province of Salta,
Republic of Argentina, on March 2, 2005.
Items 1, 2 and 8: The Province incorporates the following paragraph, referring to the general
criteria of the proposal:
‘The guiding criterion for this Proposal is the right of the indigenous communities to traditional use
of the land, without detriment to the other rights recognized by this Proposal.’
Item 3: Solution in case of lack of agreement by the parties regarding land transfers.
‘In case that no agreement is reached by the parties, the Broadened Board shall be the decisionmaking organ with the power to solve the situation of conflict. For these purposes, it may, inter alia,
adopt decisions aimed at establishing incentives in cases where relocations are necessary.’
Item 4: Infrastructure. The Ministry of Federal Planning, through Engineer Laurito, assumed the
commitment of carrying out the necessary works, and consulting the location of the roads in the
framework of the Broadened Board, so as to prevent the indigenous communities from isolation.
Item 5: Communal Title. The Province agrees to grant a Joint Communal Title to all of the
communities that so request, in accordance with the modality of adjudication which has already
been implemented in the case of Fiscal Lot 4.
Item 6: Relocation of creole inhabitants and of cattle. The Broadened Board may establish areas
where cattle-raising exploitations will not be allowed.
Item 7: Prohibition of wire fence tending. The prohibition of tending wire fences along the banks of
the Pilcomayo River shall apply to all of the population equally.
Item 9: Executing Unit. The Executing Unit shall include a representative of the Ministry of
Infrastructure and Federal Planning of the National State, clarifying that the Executing Unit shall
only be empowered to determine, in the field, the criteria included in the Proposal, as well as the
decisions adopted by the Broadened Board. Such Unit shall lack any other decision-making
powers.
The ‘Items’ referred to in the foregoing broadening of the proposal correspond to those included in
the enunciation of objections formulated by Lhaka Honhat and CELS in their note of September 9,
2005, to the Ministry of Foreign Affairs.”
99.
On March 14, 2006, a new meeting was held between the Secretary General of the
Governor’s Office of the Province of Salta, and the General Coordinator of the Lhaka Honhat Association,
during which, the following agreements were reached:
“- The lands that are to be transferred to the indigenous communities, must respect their traditional
areas of occupation, which has already been identified, is part of the document with the proposal of
the provincial government, and is grounded on the legislation on indigenous rights in force
(National and Provincial Constitution Art. 75 par. 17, ILO Convention 169).
- The surface of land to be granted to the indigenous communities must be of a minimum of
400.000 hectares, of exclusive indigenous property, and must be included within the traditional
indigenous area of occupation of the lots, mentioned in the preceding paragraph.
- The modality of the title or titles must be in accordance with the traditional usage, recognizing the
shared use of a same area that the different communities practice. This is the reason for which
Lhaka Honhat has pursued the notion of a single title, with variants that respect the traditional form
of its traditional use, and the close bonds that exist between the different communities and groups.
- The execution of infrastructure works in the area must be made in accordance with the land
distribution plan and the future development of its inhabitants. Prior to their implementation,
adequate consultations must be made with the inhabitants, in order to achieve the corresponding
agreements on the proposed measures.
- A survey of the indigenous communities that inhabit Lots 55 and 14 must be conducted, whether
or not they have juridical personality, including a population census and a reference to the
representative or chief of each community.
- The indigenous communities that are represented in the Lhaka Honhat Association shall duly
register their juridical personalities with the General Inspector of Juridical Persons of the Province
98
of Salta.”
98
Minutes attached to the note of the Provincial Government of Salta to the Ministry of Foreign Affairs of Argentina, sent
to the IACHR through note received on February 10, 2009, and communicated to the petitioners on February 26, 2009.