establishing the requirements that criollo and indigenous communities
alike must meet to benefit from this land distribution proposal.
III.
ANALYSIS OF ADMISSIBILITY
A.
Competence of the Commission Ratione Personae,
Ratione Loci, Ratione Temporis, and Ratione Materiae.
67.
The petitioners are entitled by Article 44 of the American
Convention to present complaints before the Commission. The petition
names as the alleged victims the members of the indigenous
communities belonging to the Wichi (Mataco), Iyojwaja (Chorote),
Nivacklé (Chulupí), Quom (Toba) and Tapy´y (Tapiete) indigenous
peoples who make up the Lhaka Honhat Association and who live on
fiscal lots 14 and 55, with respect to whom the State of Argentina is
committed to respect and guarantee the rights enshrined in the
American Convention. The Commission notes that Argentina is a State
Party to the American Convention, having ratified it on September 5,
1984. In terms of passive jurisdiction ratione personae, the IACHR also
notes that it is a general principle of international law that the State is
responsible for the acts of all its organs, including those of the
judiciary. It is responsible as well for the acts of the provinces that
make up the federal State, by virtue of universally recognized general
principles of international law and Articles 1, 2 and 28 of the American
Convention. The Commission therefore has jurisdiction to examine the
petition.
68.
The Commission has jurisdiction ratione loci to hear this
petition inasmuch as it alleges violations of rights protected in the
American Convention that took place within the territory of a State party
to that treaty.
69.
The Commission has jurisdiction ratione temporis because
the events alleged in the petition took place when the obligation to
respect and guarantee the rights established in the Convention was
already in force for the State.
70.
Finally, the Commission has jurisdiction ratione materiae
because the petition complains of possible violations of human rights
protected under the American Convention.
71.
With respect to the allegations of violations of the
American declaration, in light of Articles 23 and 49 of its Rules of
Procedure, the Commission in principle has jurisdiction ratione materiae
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