28 Fifth phase of the indigenous territorial claim: the Agreement of October, 2007, and the subsequent acts and negotiations aimed at its implementation. 107. On October 17, 2007, an Agreement was formally signed between the parties, with representation of the National and Provincial Governments, the Lhaka Honhat Association, the Organization of Creole Families and the CELS, in the following terms: “The present agreement is executed between the PROVINCE OF SALTA, represented in this act by the Secretary of the Governor’s Office, Dr. Raúl Romeo Medina, by the Minister of Production and Employment, Engineer Sergio Darío Camacho, by the National Senator Dr. Sonia Margarita Escudero, and the LHAKA HONHAT ASSOCIATION OF ABORIGINAL COMMUNITIES, represented in this act by its General Coordinator Mr. Francisco José Pérez, and by its Treasurer Mr. Rogelio Segundo, with Juridical Personality No. 449/92, the ORGANIZATION OF CREOLE FAMILIES, represented in this act by Messrs. Arturo Barrozo, Esmérito Arenas, hereinafter the Parties. The present agreement is also subscribed, in their capacity as advisors to the petitioners, by the FUNDACION PARA EL DESARROLLO EN JUSTICIA Y PAZ (FUNDAPAZ), represented by its Director, Engineer Gabriel Seghezzo, Engineer Alvaro Penza and Dr. Jorge Tejerina; the ACOMPAÑAMIENTO SOCIAL DE LA IGLESIA ANGLICANA DEL NORTE ARGENTINO (ASOCIANA), represented by Engineer Ana Alvarez, and Mr. José Canteros, and the CENTRO DE ESTUDIOS LEGALES Y SOCIALES (CELS), represented by Anthropologist Morita Carrasco and Dr. Diego Morales. PRELIMINARY CONSIDERATIONS: The present agreement is signed based on the claims of Lhaka Honhat (530.000 hectares of indigenous traditional occupation) and of the OFC (the entire occupied lands), where both parties have agreed to reduce their original claims in the framework of this Agreement. After countless efforts by both of the Parties who sign the present Agreement in order to reach a common understanding that attends the concerns and interests of all of the inhabitants of the area, it is purported to materialize the mandate of Article 15 of the Constitution of the Province of Salta, as well as duly comply with the provisions of the National Constitution, Art. 75 par. 17, ILO Convention 169, and respect all of the constitutional norms and rights that appertain to the creole families. The present document recognizes, as its background, the Agreement signed by Lhaka Honhat and the Government of the Province of Salta on 14/03/06, the Minutes of the Session of the Lhaka Honhat Council of Chiefs of 10/05/06, the Agreements signed by Lhaka Honhat and the Organization of Creole Families on 01/06/07 and 24/08/07, which were presented to the Government of the Province of Salta. That by virtue of the above, it is considered appropriate to subscribe the present Agreement, delimiting the reciprocal commitments aimed at the achievement of the common objective, subject to the following clauses and conditions: CLAUSE ONE: The parties recognize a common interest on a specific objective, which is that of mutually cooperating to define and coordinate the necessary actions that will make it possible to achieve the final transfer of the ownership of the lands to their legitimate possessors, which are the indigenous communities and the creole families that inhabit Lots 14 and 55 of the Province of Salta. CLAUSE TWO: The distribution shall be made in accordance with what was duly agreed as criteria for the adjudication of fiscal lots 55 and 14, resulting in: - 400.000 hectares for the indigenous communities, respecting their areas of traditional occupation, guaranteeing the continuity of their lands, access to the river and the natural resources of the forest, which does not mean fractions communicated by roads. - 243.000 hectares for the creole families, guaranteeing the rights of those who have inhabited their lots for over twenty years, in accordance with the requirements, guidelines, evaluations and parameters established by the activities of the Provincial Executing Unit in the framework of Resolutions No. 65/06 and 804/07 of the Ministry of Production and Employment. The area outside of the indigenous communities’ traditional occupation, as identified in the map that is annexed hereto (covering 113.000 hectares) shall be transferred to creole families; the remaining 130.000 hectares, within the area of traditional indigenous occupation, which are superposed to the occupation of creole families, shall be defined through dialogue and the agreements that are achieved on the ground between both populations.

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