By Raul Reynoso
The Federal Court of Appeal of the Province of Salta, in a ruling unprecedented in the federal courts of our country, gave rise to an appeal filed by indigenous communities The Transfer, The Written and Zopota, through his lawyer Matias Duarte, and condemned the Federal Government to immediately begin the demarcation and delimitation of the traditional territory occupied by the communities according to the customs and cultural norms recognized as setting 90 business days deadline to complete the task.
El Nuevo Diario de Salta, March 4, 2011 .- Communities were forced to start this trial in 2006, due to abuse suffered on their traditional territory, a situation that worsened as a result of the adoption of new clearing authorizations granted by the provincial government in 2007 "and the indifference of state to recognize their rights to land, "he said in a statement.
The clearing authorized at that time began to run in the following years, cleared about 10 hectares on their traditional lands since 2006 to date.
This, it said, led to a roundup of the communities, a situation that persists and affects access to resources and water sources for the subsistence base. It added that "since the beginning of the trial have triggered local conflicts and community leaders have been subject to multiple criminal charges by the registration holders of the land on which now they have been accorded his constitutional rights.
Complaints have sought to deter the leaders of the struggle in defense of its territory, leading to the criminalization of community leaders. " The cause
The case began before the federal judge in Oran, Raul Reynoso, requested the demarcation, demarcation and titling of land. Judge rejected the demand and the Federal Court of Appeals reversed the ruling, making room for the claim of demarcation and delimitation. However, he refused the title which, it is reported, will be subject to review by the Supreme Court's Office.
Federal Chamber said there are various laws that "provide protection for indigenous communities on issues pertaining to possession and ownership of the lands they traditionally occupy."
Given the evidence presented also held that it is verified "status of the actors as existing communities, the traditional occupation and current land they have been installed, and the close relationship they have with them and natural resources, a link that leads to their identity and culture. (...). In the same way (...) is referred to the clearing made in the area covered and residence of the serious damage that these practices involve. "
Finally, Salta judges argued that "in terms of the legal provisions cited the plaintiffs (communities), are being holders of rights to the identification and regularization of the extensions that occupy ... and that the Federal Government, under emerges from the records of the proceedings, so far has failed to materialize those rights, bringing with it a disservice to the community actors. "
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