consists of 35 indigenous communities of the Mataco (Wichi), Chorote
(Iyjwaja), Toba (Quom), Chulupí (Nivacklé) and Tapiete (Tapy´y) ethnic
groups, who have been living in the area of Pilcomayo River (fiscal lots
14 and 55) since time immemorial. Specifically, fiscal lots 14 and 55 in
the Chaco-Salteño region, Department of Rivadavia, Municipality of
Santa Victoria Este, Province of Salta, are home to some 45 indigenous
communities (with between 6000 and 7000 people), belonging to nine
indigenous groups, and coexisting with about 2600 criollos. This is a
sparsely populated zone, with few signs of urbanization, covering about
600,000 hectares.
Background
30.
The petitioners maintain that, although they are the
legitimate owners of the lands on which they live, as recognized by the
national Constitution, and have taken various steps since Argentina
returned to democracy in 1983 in order to win legal recognition of
community ownership of these lands, to date they have received
nothing but promises. As background, the petitioners note that in 1991
a memorandum of understanding was signed between the indigenous
communities, which the petitioners represent, and the Director General
of State Land Acquisitions of the Province of Salta, setting of the
conditions for the award of the territories in which the indigenous people
were living. Subsequently, the Governor of Salta issued a Decree
ratifying all the points recognized in that MOU. With the change of
government, that Decree was ratified for a second time on November 6,
1992 by the new Governor of Salta, who declared his willingness to
award the lands as had been agreed. Consequently, the Governor of
Salta issued Decree 18/93 on January 13, 1993, creating the Honorary
Advisory
Commission
to
examine
the
situation
and
make
recommendations on the methodology to be used to finalize the delivery
of the lands. That Commission presented its conclusions in April 1995,
recommending that the indigenous people be given title to the land in
the "areas de recorrido" (i.e. the lands customarily frequented) of the
communities with settlements on both lots, in the form of community
ownership, with no subdivisions, and a single title.
31.
The petitioners maintain that, despite the technical studies
that have been approved, the legal basis that has been demonstrated,
the expressed intention of the political authorities to give effect to the
delivery of the land, and the indigenous consensus, at the time the
petition was presented the lands had not been delivered.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents