38
126.
The implementation of this State project in indigenous territory allegedly would
irreversibly modify the characteristics of the region, which in 1998, when the petition was filed, had a low
population density and scarce urbanization. “Should the projected works be carried out, we the
indigenous peoples that inhabit the region will be displaced from the territories we occupy since time
immemorial, thus threatening our subsistence base, cutting off the hunting and gathering circuit areas that
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extend from the Pilcomayo river to the forest.”
127.
In the brief submitted on July 7, 1999 by the State of Argentina recognized the impact
that the works would produce upon the indigenous communities, in the following terms: “the INAI
considers that the construction of the International Bridge over the River Pilcomayo, Misión La Paz
(Argentina) – Pozo Hondo (Paraguay), as well as other diverse roads and buildings, will significantly
modify the way of life of the indigenous communities, and that it would have been appropriate to hold
consultations, as well as a report on those works’ environmental impact. // For such reason the National
Institute of Indigenous Affairs has offered its willingness to apply all of the available mechanisms for
complying with the constitutional mandate of recognizing the communal possession and property of the
lands occupied by the indigenous (Article 17, paragraph 17 of the National Constitution) and to develop
mediation processes between the parties.”
128.
On September 11, 1995, the attorney for the Lhaka Honhat Association filed an amparo
lawsuit against the Province of Salta before the Provincial Court of Justice, asking it to order the
immediate suspension of the construction works of the Misión La Paz – Pozo Hondo Bridge, as well as of
any urbanization or road building work, or act of alteration of the indigenous reservation of Misión La Paz
and/or of fiscal lots Nos. 55 and 14. As a precautionary measure, they requested an injunction to halt the
construction works. This request was based on the fact that the construction of the international bridge
and the surrounding urbanization had been undertaken without consulting the indigenous peoples, and
without carrying out a prior environmental impact assessment, which violated the applicable constitutional
and international legal provisions. The Court of Justice of Salta denied the requested injunction on
November 8, 1995. Thereafter, the same Court of Justice of Salta rejected the amparo lawsuit on April
29, 1996. On May 14, 1996, the representatives of the Lhaka Honhat Association presented an
extraordinary federal appeal, which was rejected. On February 27, 1997, the representatives of the
Association presented a queja appeal before the Supreme Court of Justice of the Nation against the
rejection of the extraordinary federal appeal. This queja appeal was denied by the Supreme Court on
December 10, 1997.
129.
As this judicial process was being conducted, the Government of the Province of Salta
continued and finalized the construction of the bridge. By the date of presentation of the petition to the
IACHR in 1998, the construction of the planned roads and urbanization works was imminent.
130.
Petitioners reported that on May 21, 1998, “personnel of the Public Works Directorate of
the Province of Salta, under the supervision of an architect, arrived in Misión La Paz with the purpose of
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carrying out measurements related to the future urbanization plan.” Consequently they presented a
petition to the Governor of the Province of Salta on July 1, 1998, asking him to inform them about this,
given that the facts would reveal an intention to continue with the works in the ancestral territory without
evaluating their social and environmental impact.
131.
The evidence indicates that the entire process of public tender, contracting and
construction of the questioned public works was developed by the Provincial Government of Salta without
the intervention but with the endorsement of the National Government.
132.
In January 2000, the petitioners submitted photographs of houses and other buildings of
different sizes, which they reported were to be used for a National Police post. The petitioners also
informed the IACHR about “the local Government’s announcement of giving houses to the members of
117
Initial petition, received by the IACHR on August 4, 1998, and transmitted to the State on January 26, 1999.
118
Initial petition, received by the IACHR on August 4, 1998, and transmitted to the State on January 26, 1999.