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communities’ right to the effective implementation of the law, and also frustrating the legitimate
expectations that the provincial authorities’ actions had generated among the petitioner indigenous
communities, to obtain a single common title to territorial property.
3.
The State of Argentina violated Articles 8 and 25 of the American Convention, in
connection with Articles 21 and 1.1 of the Convention, because the State did not afford them an effective
procedure to acquire recognition of their ancestral territory, and also because successive, ad hoc
variations were introduced to the administrative procedure that was applicable to the resolution of their
territorial claim, on no less than six occasions.
4.
The State of Argentina violated Articles 21, 13 and 23 of the American Convention, in
connection with Articles 21 and 1.1 of the Convention and to the detriment of the indigenous communities
that form part of the Lhaka Honhat Association, in having carried out public works and granting a
concession for oil and gas exploration in the ancestral territory without complying with the requirements
set by inter-American law, namely, to conduct expropriation procedures, to ensure no impact on the
survival of the indigenous communities, to conduct prior, free and informed consultations, to conduct prior
social and environmental impact assessments, and to grant participation in the benefits derived from the
works and the concession.
5.
The State of Argentina violated Article 21 of the American Convention, in connection with
Articles 1.1 and 2 of the Convention, to the detriment of the indigenous communities that form part of the
Lhaka Honhat Association, in having failed to exercise the required due diligence to control the
deforestation of the ancestral territory by illegal loggers.
VII. RECOMMENDATIONS
250.
On the grounds of the analyses and conclusions of the present report,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE
STATE OF ARGENTINA:
1.
The State should finalize promptly the territorial formalization process in Fiscal Lots 14
and 55, taking as guiding parameters for its conclusion, in addition to the Inter-American standards
described in this report, the following minimum guidelines:
-
the petitioners have the right to a materially continuous territory which can allow them to
develop their nomadic way of life; the 400.000 hectares that the government already
promised to allocate them must be continuous, without obstacles, subdivisions or
fragmentation, with due regard to the claims of other indigenous communities.
-
removal of the fences which have been tended within the indigenous territory.
-
control of deforestation.
2.
Provide reparations for the violations of the right to territorial property and access to
information derived from the development of public works without prior informed
consultation, environmental impact assessments or benefit sharing.
3.
Ensure that in the demarcation of the territory and approval of any future public works or
concessions on indigenous ancestral lands, the State conduct prior informed
consultations, environmental impact assessments and benefit sharing conforming to
Inter-American standards.