18
th
Secretariat of the Governor’s Office, notified to the petitioners on December 27 . They filed an appeal
68
(recurso jerárquico) on December 30 before the Governor of the Province of Salta, which had not been
69
decided as of June 7, 2000.
68.
By means of Decree No. 461 of December 24, 1999, the Executive Power of the
Province of Salta – General Secretariat of the Governor’s Office adjudicated the property of lots within
Fiscal Lot 55 to some individuals and indigenous communities living therein: (a) the communal property of
different parcels of Lot 55 was granted to the indigenous communities of Molathati (1.003 hectares –
Article 1), Madre Esperanza (781 hectares – Article 2), La Merced Nueva (295 hectares – Article 5),
Nueva Esperanza (47 hectares – Article 7) and Bella Vista (1.682 hectares – Article 8); and (b) individual
property of different parcels of Lot 55 was granted to Messrs. Delfín Balderrama (1.014 hectares – Article
3), Raul Jorge Lucio Rojas (758 hectares – Article 4), and Claro Normando Rojas (22 hectares – Article
6).70
69.
On March 8, 2000, the representatives of the Lhaka Honhat Association filed an amparo
lawsuit against Decree No. 461/99, requesting that its effects be suspended and that it be declared
71
unconstitutional, together with Resolution 423/99, which preceded it. This amparo action was rejected
by the provincial court, a decision eventually overturned by the Supreme Court of Justice of the Nation, in
72
its judgment of June 15, 2004, in which it declared that the provincial judgment had failed to take into
account fundamental factual and legal considerations. For this reason it ordered the return of the file to
the original court and the adoption of a new decision. On May 8, 2007, the Superior Tribunal of Justice of
the Province of Salta decided to eliminate the effects of both Resolution 423/99 and Decree 461/99 of the
73
Secretariat of the Governor’s Office, holding that they had not been duly notified.
70.
In a meeting held between the parties on December 15, 2000, the Government of the
Province of Salta presented a proposal for the adjudication of the lands of Lot 55, which consisted of the
adjudication of fractions to each one of the communities, subject to each community obtaining legal
74
personality. This proposal was objected on several grounds by the Association, through a letter
75
delivered on February 6, 2001.
71.
The Government of Salta later reaffirmed its position of adjudicating community or family
parcels of land, in a report presented to the communities and their representatives, and submitted to the
76
IACHR in August 2001 .
68
The petitioners provided a copy of this request to the IACHR through note received on July 17, 2000, and transmitted to
the State by the IACHR on August 2, 2000.
69
Petitioners’ communication received on June 7, 2000, transmitted to the State by the IACHR on June 8, 2000.
70
Decree No. 461 of December 23, 1999, of the Executive Power of the Province of Salta – General Secretariat of the
Governor’s Office, provided by the petitioners to the IACHR on March 16, 2000, and later resubmitted through note received on July
17, 2000, transmitted to the State by the IACHR on August 2, 2000.
71
The petitioners submitted a copy of this amparo lawsuit to the IACHR through a note received on July 17, 2000, and
transmitted to the State by the IACHR on August 2, 2000.
72
Supreme Court of Justice of the Argentine Nation, “Asociación de Comunidades Aborígenes Lhaka Honhat c/Poder
Ejecutivo de la Provincia de Salta”, Recurso de Hecho, A.182.XXXVII. Provided by the petitioners 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.
73
Judgment of the Higher Court of Justice of Salta dated May 8, 2007, provided by the petitioners to the IACHR through
note of June 8, 2007, transmitted to the State on June 15, 2007.
74
Communication by the petitioners to the IACHR dated July 19, 2001, received by the IACHR on July 19, 2001, and
transmitted to the State on August 31, 2001.
75
Communication by the petitioners to the IACHR dated July 19, 2001, received by the IACHR on July 19, 2001, and
transmitted to the State on August 31, 2001.
76
Report by the Province of Salta – Executive Power to the IACHR, August 29, 2001, trasmitted to the IACHR by the
State through note received on September 19, 2001, and communicated to the petitioners on October 12, 2001.