territory, which runs from the Pilcomayo River to the hills, will have
been cut off.
35.
For this reason, the petitioners claim, on September 11,
1995 they presented an appeal against the Province of Salta before the
Court of Justice of the Province, asking the court to order suspension of
the construction works on the bridge from Mision La Paz to Pozo Hondo
in Paraguay, as well as any other construction or urbanization work or
any activity that would alter the Mision La Paz reserve or fiscal lots 55
and 14. In that appeal, the petitioners requested, as a precautionary
measure, the granting of a "no innovations" (no inovar) injunction with
respect to construction of the international bridge and other works that
were underway in the zone, in order to prevent greater environmental
damage. However, the Court of Justice of Salta ruled against such an
injunction on November 8, 1995, and on April 29, 1996 it rejected the
appeal, declaring: "because the analysis is limited to examining the
actions of the Province of Salta, which apparently related to the
execution of national decisions not questioned in this appeal, and which
are intended to integrate such communities into the national life, there
being social and economic interests at stake that were the determining
factors behind such works, there would seem to be no illegality or
arbitrariness involved, which in itself prevents the processing of the
request, since the clarification of this issue requires greater debate and
further proof that go beyond the expeditious and rapid judgment that
concerns us here".
36.
On May 14, 1996, the legal representatives of the
Association filed an extraordinary federal appeal, which was also
rejected. On February 27, 1997, the petitioners filed a complaint for
denial of the extraordinary appeal before the federal Supreme Court,
which rejected that motion on February 5, 1998.
37.
Because the State, in its reply of July 7, 1999, offered to
have the National Institute of Indigenous Affairs (an agency that reports
to the Secretariat for Social Development in the Office of the President
of the Nation) "coordinate all available mechanisms to comply with the
constitutional imperative of recognizing community possession and
ownership of the lands occupied by indigenous people (Article 75 (17) of
the national Constitution)", the petitioners agreed to begin mediation
proceedings on August 18, 1999, provided the State gave a prior
commitment to stop the works that gave rise to this petition. In
addition, the petitioners asked the State to abstain from any other
action in their territory, and in particular the delivery of dwellings
individually to members of the community. To guarantee these prior
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