to the local government, "stressing the effects that such a decision could
have on the friendly settlement process". Moreover, the national
agencies participating in the Expanded Roundtable issued a "Joint
Declaration" in which they expressed “their profound concern over the
approval of the referendum relating to State lands of lots 55 and 14”,
and request the Governor of the Province, “in order to facilitate a global
and definitive solution of the conflict, to take the steps necessary to
suspend that initiative".
64.
The Provincial Attorney of Salta sent the Commission on
October 11, 2005, following a meeting with the petitioners on that same
day, an expanded and improved proposal for awarding lands that was
presented by the Province on March 2, 2005, and which supposedly
included the petitioners' observations from September 8, 2005.
65.
On September 7, 2006, the national State sent the IACHR
a draft of an alternative proposal to the provincial proposal for
distribution of lands in fiscal lots 55 and 14. The proposal calls for
delivery of ownership over the land to the indigenous communities
under a single title, free of livestock and fencing, and to the criollo
population,
recognizing
their
20-year
possession
right,
and
compensation for losses from relocation. As to the financing required
for implementing this proposal, the State indicates that financing "must
be mixed: National State and Provincial State". While the national
government is responsible for the funds for infrastructure works, and
other funds for the social consensus effort, it is up to the provincial
government to finance the work of delimiting public services (schools,
health centers, urban amenities).
66.
Subsequently, the IACHR received information from the
State as to how the latest proposal submitted by the Province of Salta
for land distribution was to be implemented. The State sent a copy of
the Decree of the General Secretariat of Governance 936/05 (of May 10,
2005), creating the Provincial Executing Unit for Lots 55 and 14, which
is the "enforcement authority" responsible for executing the proposal,
reporting to the Minister of Production and Employment. As well, by
Governance Decree 2407 of December 2, 2005, various procedures were
established for transferring ownership title: community title (for the
indigenous communities) specifying that two or more communities could
opt for a joint title; and individual title or "condominium under civil law"
for nonindigenous occupants with the right to title. On April 19, 2006,
the Minister of Production and Employment issued resolution 65,
appointing the members of this unit, assigning its specific functions, and
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