life of the indigenous communities, for which reason it would have been
advisable to hold consultations and to produce an environmental impact
study of those projects. For this reason, the INAI had offered its good
offices to coordinate all the mechanisms available for fulfilling the
constitutional imperative of recognizing indigenous community
possession and ownership of the lands occupied by indigenous peoples
(Article 75 (17) of the national Constitution), and to pursue mediation
efforts among the parties. The State also declared that, without
prejudice to the foregoing, it reserved the right to intervene in-depth in
the handling of the questions of admissibility and of law posed in this
petition.
53.
During the hearing held in Washington DC at the 104th
regular session of the IACHR, on October 1, 1999, the INAI
representative indicated that in the present petition the State had
indeed failed to consult the indigenous communities. For this reason,
the State considered it essential to begin a friendly settlement
procedure immediately. Nevertheless, and because the Supreme Court
had decided that the question giving rise to the petition was not a
federal latter but one for the Province of Salta, the INAI trusted that the
government of Salta could be persuaded, through the friendly
settlement procedure, of the need to back down and to stop
construction while the procedure unfolded.
54.
In light of the meeting held on November 1, 2000 with the
petitioners, in the presence of the IACHR Rapporteur for Argentina, the
government of the Province of Salta undertook, as part of the friendly
settlement procedure, not to begin new works in the disputed area,
except those planned for the police and the multiple use hall, and not to
continue for the time being with the delivery of lands, until a broader
framework for the distribution process could be agreed. Furthermore,
with a view to the meeting held with the petitioners on December 4,
2000, the provincial government undertook to submit a proposal in
writing to the petitioners to give effect to the right of the indigenous
communities within the Lhaka Honhat Association to ownership of the
lands they occupy, and this was submitted on December 5, 2000.
55.
During the friendly settlement procedure, the State
reported on a series of measures that it had taken, in consultation with
the petitioners, to organize a Technical Group (the purpose of which
would be to prepare a proposal for delivery of lands that would serve as
a basis for dialogue with the indigenous communities and with the criollo
families who had historically lived on fiscal lots 14 and 55), and an
Expanded Negotiating Roundtable (consisting of national and provincial
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