communities and successive governments of Salta between
1991 and 1996,5 recognizing that unity of the lands is the
only manner to enforce respect for "procedures established
by the peoples concerned for the transmission of land rights
among members of these peoples", consistent with Article
17 of ILO Convention 169 and Article 75 (17) of the national
Constitution. The petitioners argue that the national
Constitution's recognition of the right to "community
ownership of land" necessarily implies that the interpretation
of the term "community" must be in accordance with the
cultural framework of the indigenous peoples, for if the State
aggregates to itself a power of giving content to community
ownership, that rule loses its meaning.
2.
The principle that the criollo inhabitants who are
engaged in cattle ranching should be relocated to
nonindigenous areas, while recognizing all the improvements
they have made to their facilities.
3.
The principle that the indigenous communities may
not be relocated.
4.
The principle of compensation for the economic
costs of criollo inhabitants who, by virtue of the dialogue
with the indigenous communities, decide to relocate.
5.
The principle of free and informed consultation with
the indigenous communities with respect to future areas of
urbanization and the routing of roads and highways, before
they are planned and executed.
6.
The principle that any changes necessary to
territorial reorganization must provide sufficient incentives.
42.
As well, during the friendly settlement procedure, the
petitioners complained on various occasions that the Province of Salta
had failed to respect some of its commitments given during the
procedure. The petitioners advised the Commission that, although the
national government had undertaken from the outset of the friendly
settlement procedure not to initiate new works in the territory covered
by the claim (except those planned for the police, and the multiple use
5 Decree 2609/91, ratifying the memorandum of understanding signed in San Luis;
Decree 1397 of 1995 approving the work of the Honorary Advisory Commission;
Memorandum of Understanding on the bridge on September 16, 1996.
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