44
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(Toba), Niwackle (Chulupí) and Tapy’y (Tapiete) indigenous peoples in the area; (ii) it has been proven
that the indigenous communities of the area continue to live in accordance with their cultural tradition, as
hunter-gatherer and fishing nomads, in a territory which is geographically and environmentally apt for the
development of their way of life; and (iii) it has been documented that over one thousand places in the
area have been named in the native languages of these peoples. 140
158.
The Provincial Government of Salta, in three of the documents that it submitted in the
present process, contested the ancestral presence of the Wichi (Mataco), Iyjwaja (Chorote), Komlek
(Toba), Niwackle (Chulupí) and Tapy’y (Tapiete) indigenous peoples in the area, referring to the historical
th
accounts from the beginning of the 20 century which only refer to the presence of the “mataguayo”
peoples in this region. On the last occasion the Provincial Government adopted this stance, it asserted
that “a reliable survey made in 1902, which has not been contested, indicates that as of that time, there
were no ‘Wichís’ in the area of Lots 55 and 14. The very sparce inhabitants that existed at that time were
creole settlers and mataguayo Indians. (sic) It is believed that the ‘Wichís’ emigrated from the
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neighbouring countries and began to settle in the area in the 1920s decade.” In response to these
statements, the National Government, through note received on September 7, 2006, expressly refuted
and corrected the Provincial Government’s stance, explaining to the IACHR that the term “matacomataguayo” corresponds to the designation of a linguistic family, of which the indigenous peoples who
currently inhabit the place form part - their ancestral presence in the area being uncontestable. In the
National Government’s words, “the area of Lot 55 in its entirety and part of Lot 14, has been inhabited by
communities of the Wichí, Chorote, Toba, Chulupi, Tapiete indigenous peoples, inter alia, who were
cornered in these lands as a consequence of the private appropriation of the best agricultural lands of
Salta during the period of incorporation of the Northern Frontier of the country. This fact permitted the
entry of creole population into the area, and its cattle-raising colonization.”
159.
The serious ethnological error of the Provincial Government of Salta was thus clarified
and corrected by the National Government. The IACHR, taking into account the evidence which confirm
the explanations given by the National Government, gives credit to the latter’s statements, as also
consistently asserted by the petitioner indigenous communities, and takes as a starting point that these
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Specifically, they cite the written testimony of a colonizer arrived in the area in 1902, Domingo Astrada, who came with
a group of cattle-raising families from Salta in search of good grazing fields, and provided precise details on the indigenous
population of the area that today corresponds to Fiscal Lots 14 and 55: “In this campaign (to the Pilcomayo) I have established
relations with 5000 indigenous… I spoke with 106 chiefs and their respective entourages from the tribes of the mataguayos,
chorotes, tobas, mimocaes, chinupies and pilayas…” [Astrada, D.: “Expedición al Pilcomayo”. Document provided by the petitioners
together with their observations on the merits, received by the IACHR on January 4, 2007, and transmitted to the State through note
of January 12, 2007.] The petitioners also refer to the early anthropological reports of researcher Erland Nordenskiold, dated 1902
and 1908, and confirmed by other specialized studies; including: LOZANO, P. (1874): “Descripción Corográfica del Gran Chaco
Gualamba”; San Miguel de Tucumán: Universidad Nacional de Tucuman, 1941. KARSTEN, R. (1923): “The Toba Indians of the
Bolivian Gran Chaco”. Acta Academiae Aboensis IV, 1925. METRAUX, A. (1937): “Estudio de Etnografía Toba-Pilagá (Gran
Chaco). Anthropos – Revue International d’Ethnologie et Linguistique, T. 32, 1937. KERSTEN, L. (1968): “Las tribus indígenas del
Gran Chaco hasta fines del siglo XVIII”. Resistencia: Universidad Nacional del Nordeste, Facultad de Humanidades, 1968. FOCK,
N. (1982): “History of Mataco Folk Literature and Research”. En: WILBERT, J. y SIMONEAU, K. (eds.): “Folk Literature of the
Mataco Indians”, Los Angeles, University of California Press, 1982. Referencias etnológicas e históricas citadas en: CARRASCO,
Morita y BRIONES, Claudia: “La Tierra que nos quitaron”. Documento IWGIA No. 18, Buenos Aires, 1996, p. 195. Document
provided as an annex of the petitioners’ observations on the merits, received by the IACHR on January 4, 2007, and transmitted to
the State through note of January 12, 2007.
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As recounted by the petitioners, “in 1991 the communities of Fiscal Lots 55 and 14 resorted to their memory –zealously
guarded by the elders- in order to identify the dimensions of the physical space they traditionally occupy. The –then- 27 communities
that participated in the elaboration of an ethnic map to justify their claim to a single title, indicated over one thousand locations with
names in their corresponding languages (…) and, on the grounds of this information, it was possible to indicate the areas traveled
by each communities, and the usage superimpositions between communities (…). This form of ‘naming the land’ is, as explained by
a chief of the Toba people, the manner in which ‘the grandparents’ explain to the youth what these must know in order to become
full members of the group. In giving significant names to the environment in which they live, the men and women of the communities
transform the geographical space where they live into a ‘culturally organized territory’.” Petitioners’ observations on the merits,
received by the IACHR on January 4, 2007, and transmitted to the State through note of January 12, 2007.
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Report of the Provincial Government of Salta, received on August 23, 2005, and transmitted by the IACHR to the
petitioners on September 15, 2005.