29 In case of lack of agreement, the paties shall be invited to submit the issue to an arbitral tribunal composed of three independent experts. The parties shall agree upon the procedure and the designation guidelines. In case that they do not submit the issue to an arbitral process, they shall resort to the corresponding jurisdictional decision. The transfers of creole families with rights must be on principle voluntary. In order to incentivate them, the following conditions must be fulfilled: a) To carry out, in the place to which they are to be transferred, all of the improvements that the families currently enjoy. b) To cover the costs of transportation and compensate the losses incurred in as a consequence of the removal (cattle, etc.). c) To guarantee in the place of relocation easy access to public utilities (water for human consumption and production, roads, education, health, etc.). d) Promote the relocations through additional incentives (pasture, fences, technical assistance, etc.). e) To define maximum limits for access to these benefits, in order to accelerate the creole families’ decision-making. It must be clarified that the Provincial State must make proportionate reservations of land as required for institutional uses and the necessary infrastructure works. No infrastructure works shall be carried out in the communities’ area of occupation without a prior, free and informed consultation. No partial transfers of titles shall be made. CLAUSE THREE: The parties agree on the methodology to identify the respective portions of land that correspond to the indigenous communities and the creole families, based on the following points: a) To identify, through a final Ministerial resolution, the package of dossiers of the creole families who have acquired rights. b) To publicize the periods during which the families who have not presented their requests can still do it in order to prove their rights. c) To map the families that have not yet been mapped. d) To include in the map the location of all of the posts of the creole families with rights. e) To jointly identify and agree upon possible areas within the communities’ areas of traditional use which can be destined for the creole families and their relocation. f) To identify the creole families who are going to be relocated within the free area of traditional occupation. CLAUSE FOUR: Given that it is indispensable to protect the natural resources of Lots 55 and 14 in order to secure the viability and enforcement of this agreement, the parties commit themselves to avoid any type of wood logging and forest exploitation in any of the two Lots. The Government shall establish in the area control posts which can guarantee compliance with the legislation in force. Any confiscated timber that results from official control operations, shall be placed under the responsibility of an official national or provincial body, and eventually subjected to the land regularization process. CLAUSE FIVE: The present agreement does not affect the continuity of the contentious process 103 before the Inter-American Commission on Human Rights, case No. 12.094.” 108. The petitioners have not mentioned nor contested this agreement in their subsequent communications to the IACHR. 109. On October 4, 2007, the Ministry of Production and Employment of the Province of Salta adopted Resolution No. 804/07, in which it made the final count of the different requests for land adjudication presented both by creole families and by several indigenous communities of Lots 14 and 55, in the framework of the process of implementation of the Provincial Government of Salta’s proposal of March 2005, and in application of Provincial Decree 939/05 and Ministerial Resolution 65/06. In this resolution, it is stated that 430 requests by creole inhabitants were received, as well as 27 requests by indigenous communities. 103 Minutes attached to the note from the Provincial Government of Salta to the Ministry of Foreign Affairs of Argentina, sent to the IACHR through note received on February 10, 2009, transmitted to the petitioners on February 26, 2009.

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