10/09/2020 12:33 PM
Clarín.com
Politics
Updated 10/09/2020 12:33 PM
In an interpretation that will generate legal controversy, the Government assured that the taking of lands of private or public property becomes an illegal act only if it is defined "
by means of a final judgment issued by a competent judicial authority
."
This concept arises from reading the responses given by the Chief of Staff, Santiago Cafiero, to the senators who questioned him this week in his report to the upper house.
"The Ministry of Security informs that the proposal made by the Minister of Security has been that the problem of access to housing and the taking of land
cannot be reduced to a secondary approach
," Cafiero replied, adding, in his written report, that "on many occasions, the delay in sentences or orders (of eviction by the Judicial Power) is related, rather than negligence, to the analysis of each situation. Once the situation is defined as" land grabbing "
By means of a firm sentence issued by the competent judicial authority
, it is that we are facing an illegal act. "
When asked by the senator of radicalism from Fuegian
Pablo Blanco
, Cafiero maintained that "even in that case, the Ministry of Security and the police and security forces that depend on it may only act as an
auxiliary to Justice
, that is, before the issuance of a court order. "
"It is clear that (land grabbing)
is not primarily a security problem
, but justice, which should determine the resolution of the
tension between the right to private property of the victims and the right to housing
of the
victims.
homeless, "said Cafiero, in another interpretation that will generate controversy.
Land seizure on a property in Guernica.
Photo: Rafael Mario Quinteros
The Chief of Cabinet not only referred in this way to takeovers such as the one that takes place in Guernica, in the southern suburbs of Buenos Aires, where justice has already ordered the eviction and the Government has requested two successive extensions to be able to continue negotiating with the occupants, but which also alluded to land seizures carried out by people who raise indigenous demands.
"On the other hand, it is reported that the Table for the Alternative Resolution of Territorial Conflicts with Native Peoples, in its first working meeting, held on March 3, 2020, defined the basic principles and guidelines for addressing conflict situations. These guide the strategies to address the different scenarios that may arise.Among the guidelines for action, the following were established:
A hut burned in the Mapuche usurpation in Villa Mascardi.
Photo video capture.
Framing of actions within the framework of Law No. 26,160 of emergency declaration regarding possession and ownership of the lands traditionally occupied by native indigenous communities and definition as central elements of land survey and territorial ordering.
Historical and effective reparation to the native peoples in order to provide them with suitable and sufficient lands for human development.
Mediation to avoid prosecution, prioritizing dialogue and the participation of indigenous peoples' communities.
Carrying out interventions in the territory with the communities in order to ensure their participation.
Adoption of a perspective of protection in the interventions carried out by the police and security forces, through a limited presence, dissuasive and free from repressive aspect.
Establishment of an immediate contact mechanism between the representatives of the different government agencies and areas represented in the Table, in order to deal effectively and in a coordinated manner with the different conflicts, "wrote the Chief of Cabinet in his response to Blanco.
This week,
Clarín
revealed that the national government offered a group of occupants of several lots of National Parks in the Mascardi Lake area, in Río Negro, to leave that property and settle in a farm of about 650 hectares suitable for pastoral activity.