30
110.
Annex VI of Resolution 804/07 included a list of the 27 communities that presented
requests for land grants to the Provincial Government, namely: (1) San Luis; (2) Nueva Esperanza; (3) La
Merced Vieja; (4) Rancho El Ñato; (5) San Lorenzo; (6) La Merced Nueva; (7) Santa Victoria Este 2; (8)
Madre Esperanza; (9) Molathati 3; (10) Las Mojarras; (11) Pozo El Bravo; (12) Bella Vista; (13) Pozo El
Toro; (14) El Pin-Pin; (15) Pozo La China; (16) La Puntana; (17) Monte Carmelo; (18) La Bolsa; (19) San
Miguel; (20) Esperanza; (21) San Ignacio; (22) Misión La Gracia; (23) Monte Verde; (24) Cañaveral II;
(25) Pomis Jiwet; (26) Lantawos – Alto La Sierra; (27) Inhate – Alto La Sierra104.
111.
On October 23, 2007, the Provincial Government of Salta adopted Decree 2786/07, in
which it formally validated the Agreement of October 17, 2007, and transferred the property of Fiscal Lots
14 and 55, in general terms, to its inhabitants. The pertinent parts of this Decree are the following:
“[The Government of Salta decides:]
Article 1.- To approve the Agreement dated October 17, 2007, achieved in relation to Fiscal Lots 14
and 55 of the Department of Rivadavia, between the Province of Salta, on the one hand, and the
Lhaka Honhat Association of Aboriginal Communities and the Organization of Creole Families, on
the other, which forms part of the present Decree as Annex I.
Article 2.- To assign the entire area of Fiscal Lots 14 and 55, which are to be adjudicated with all of
the guarantees that emanate from the Provincial and National Constitutions, to the Indigenous
Communities and the Creole Families that inhabit them, in the proportions and modalities
established in the Agreement, namely:
- Four hundred thousand hectares (400.000 Has) for the indigenous communities (Wichí, Chorote,
Chulupí, Tapiete and Toba of Lots 55 and 14 of the Province of Salta), who are identified in Annex
II to the present Decree; and
- Two hundred and fourty three hectares (243.000 Has.) for the creole families, guaranteeing the
rights of those who have inhabited the lots for over twenty years, in accordance with the
requirements, guidelines, evaluations and parameters established by the actions of the Provincial
Executing Unit in the framework of Resolutions 65/06 and 804/07 of the Ministry of Production and
Employment, copies of which are attached as Annex III and Annex IV of the present instrument.
Article 3.- Decides that, in compliance with the contents of the Agreement approved by Article 1 of
this Decree, the distribution mandated in Article 2 shall be carried out in the accordance with the
guidelines established therein; and also decides that the Provincial State shall make, in a
proportional manner, all the reservations of land that are necessary for institutional usages and for
the requisite infrastructure works.
Article 4.- Decides that, once the field works established in the Agreement and all the necessary
measures have been concluded, the General Directorate of Immovable Property shall intervene in
order to carry out the operations of subdivision, separation and others that may be required for the
specific achievement of the objective enunciated in Article 1 of the aforementioned Agreement; in
turn, the corresponding public deeds shall be granted free of cost to the beneficiaries, through the
105
Government Notary.”
112.
On October 28, 2008, the Provincial Government of Salta adopted Decree No. 4705/08,
in which it created a technical team to advance in the transfer of lands in accordance with the Province’s
proposal of March, 2005. As explained by the Secretary General of the Governor’s Office and the State
Attorney for the Province in a communication sent to the IACHR by the National Government on February
10, 2009, that decree “established the new technical team that forms part of the Provincial Executing Unit,
which is in charge of executing –in what concerns the Province of Salta- the agreements of 17-10106
2007;”
104
Resolution attached to the communication of the Provincial Government of Salta to the Ministry of Foreign Affairs of
Argentina, sent to the IACHR through note received on February 10, 2009, transmitted to the petitioners on February 26, 2009.
105
Decree annexed to the communication by the Provincial Government of Salta to the Ministry of Foreign Affairs of
Argentina, sent to the IACHR through note received on February 10, 2009, transmitted to the petitioners on February 26, 2009.
106
Communication by the Provincial Government of Salta to the Ministry of Foreign Affairs of Argentina, sent to the
IACHR through note received on February 10, 2009, transmitted to the petitioners on February 26, 2009.