actions that were dividing the communities", in breach of "commitments
assumed by the State" in the friendly settlement procedure.
45.
Finally, on July 20, 2005, following approval by the
provincial Senate and Chamber of Deputies of the draft law calling
voters of the Department of Rivadavia to a referendum, the petitioners
sent the Commission a copy of the letter they had addressed on that
date to the Special Representative for Human Rights, Industry of
Foreign Relations, International Trade and Worship, advising her of their
decision to terminate the friendly settlement procedure, based on the
calling of that referendum.
46.
The petitioners submitted a series of observations on the
proposal of the Governor of the Province of Salta to distribute lands,
indicating that, despite the various letters that they had sent to the
national government, there was still no word on its position with respect
to the funding needed to finalize distribution of the lands, a factor that
in their judgment was essential for any future settlement of the conflict.
47.
On October 3, 2005, the petitioners again requested the
Commission to adopt the precautionary measures requested on July
12. In particular, they asked for suspension of the referendum declared
unilaterally by the government of Salta for October 23 of that year,
which they maintain interrupted the friendly settlement procedure that
had been underway for more than five years. In turn, they asked the
Commission to order the Argentine State to take measures to avoid
constant intrusions into their territory, and to cease efforts to divide the
indigenous organization and its communities and to ignore the
legitimately elected authorities.
48.
The petitioners also noted that the provincial government
had begun an aggressive campaign to smear and destabilize Lhaka
Honhat, and to promote the referendum. The petitioners indicate that
the provincial government had urged a cacique of a community not
involved in the conflict over lots 55 and 14 to file a complaint before the
provincial courts, which was favorably received, ordering Lhaka Honhat
to "abstain from any acts that would in any manner obstruct the right to
vote in the referendum convened for October 23, 2005". The petitioners
also indicate that the motion to declare certainty that they had filed
against the provincial and national governments before the federal
Supreme Court, to declare unconstitutional provincial law 7352 calling
the referendum, had been rejected on September 27. They add that
another appeal presented by a group of individuals to the provincial
courts was not dealt with, successive magistrates having declared
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents