32.
The petitioners argue that, for the indigenous
communities, the importance of the land lies in the fact that it is an
essential feature of their identity, as well as being an indispensable
resource for their communities. According to the petitioners, since the
distant past the lands covered by fiscal lots 14 and 55 have been used
as hunting and gathering grounds by these people, and they are vital to
their survival, for it is in these traditionally demarcated hunting lands
that they find the animals and fruits on which they depend for food. The
petitioners point out that their territory no longer has the wealth of soil
and the abundance of natural resources that it once had. The reason for
this, they claim, is the intrusion of nonindigenous people (criollos), who
have engaged primarily in cattle ranching since 1902. The problem lies
in the fact that the economic activities of the two groups -- indigenous
people and criollos -- are incompatible. The petitioners allege that the
government of Salta is responsible for the conflict because it has not
taken the necessary steps to demarcate the territories of each group.
Events giving rise to the present petition
33.
The petitioners indicate that since 1995 the Province of
Salta, with the backing of the national government, has undertaken a
series of public works as part of the project for integrating Argentina
into MERCOSUR (the common market formed by Argentina, Paraguay,
Brazil and Uruguay, with the participation of Chile), and that an
international bridge has already been built. Moreover, plans have been
laid to build roads to complete the Atlantic-Pacific corridor, and a vast
urbanization plan has been adopted for the region, including a border
control center, police (gendarmerie) barracks, housing for police officers
and staff, a customs and immigration post, a health center, a school,
housing, businesses, a service station, restaurants, and exchange
bureaus.
34.
The petitioners maintain that they are not opposed to the
planned works, provided those works do not affect their legitimate rights
to the territory, and their right to their culture. Yet they insist that the
works and construction be undertaken only after an analysis of the
social and environmental impact that those works would have on their
communities, and that the views and interests of the people who have
historically occupied these lands must be taken into account. Moreover,
the petitioners indicate that, if all the planned projects were to be
completed, the indigenous people who live in the region would see
themselves displaced from their lands, and the very basis of their
subsistence would be threatened, because their hunting and gathering
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