themselves incompetent to hear it, and that this showed that the
remedies filed with the courts of Salta with respect to indigenous lands
could not be considered as " effective remedies" in the terms of the
jurisprudence established by bodies of the inter-American system.
49.
On November 10, 2005, the petitioners reported to the
Commission on the official results of the referendum held on October 23,
2005 in the Department of Rivadavia, Province of Salta, in which the
“yes” side won.
50.
With respect to the lands distribution policy being
implemented by the Province of Salta since the referendum, the
petitioners maintain that the provincial government began, in early
2005, to issue the necessary rules to begin the process of delivering
lands at its discretion. With respect to the national government, the
petitioners indicate that, although it had prepared an alternative
proposal for land distribution, which was to a large extent consistent
with international standards regarding indigenous territorial rights, there
were no signs that it was taking any effective steps to block the
Province's action. The petitioners argue that in this context, the
continuing felling of trees and lumber, the construction of dwellings, the
delivery of individual properties in an arbitrary and uninformed manner,
the indifference of the provincial government to the national proposal,
among other aspects, are subjecting the community to a situation of
insecurity and uncertainty that prevents it from defending and
protecting its rights.
B.
The State
51.
With respect to the exhaustion of domestic remedies, the
State, in its initial response of July 7, 1999, declared that, although the
petitioners had launched and exhausted all domestic remedies with
respect to amparo (constitutional protection) they had not met the
requirements of Article 46.1 of the American Convention. The State
maintains that there is another appropriate route for resolving such a
complex dispute, and that the petitioners should have attempted a
procedure that would have addressed the substance of the issue.
52.
Notwithstanding the foregoing, the State indicates that,
while in no way recognizing or admitting any illegal act on its part, the
National Institute of Indigenous Affairs (INAI) considers that
construction of the international bridge over the Pilcomayo River
between Misión La Paz in Argentina and Pozo Hondo in Paraguay, as well
as other roads and various buildings, is appreciably changing the way of
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos