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Mendoza denounced the Nation for the transfer of land to Mapuches

2023-02-10T17:45:23.780Z


The government of the radical Rodolfo Suárez assures that "Mapuches never existed" in the Mendoza territory. He presented three appeals at the INAI against the decision of the government of Alberto Fernández.


On several fronts,

Mendoza begins a legal battle against the decision of the government of Alberto Fernández

to hand over private lands in the south to indigenous communities. 

The governor of Together for Change, Rodolfo Suárez, signed three appeals

for reconsideration against the resolutions of

the National Institute of Indigenous Affairs

(INAI) for the recognition of the land occupation of Mapuche communities in the southern province.

The briefs, one for each file in which National Resolutions No. 36, 42 and 47 have been issued, were presented this Friday at the INAI headquarters (Avenida del Libertador 8151, City of Buenos Aires), by the Minister of Government from the province of Cuyo, Víctor Ibañez, and the endorsement of the State Attorney and the Mendoza Government Advisor.

"We have raised all the irregularities of the resolutions, the procedure, the illegality of the extension of Law 26160 ordered by the DNU, the absence of INAI powers to recognize land occupation by the communities and the historical statements about the non-existence of historical presence of Mapuches in the provincial territory, among other aspects," said Minister Ibañez.

One of the questions that the Government of Mendoza has been repeating is that there were never ancestral Mapuche communities in the province. 

Suarez maintained that it is “a maneuver that is being carried out in Buenos Aires with the complicity of some.

We are going to assert the full weight of the law, politically and everything that has to be done so that what we already see happening in other provinces does not happen in Mendoza”.

Ibañez specified that the Nation issued unconstitutional resolutions from the legal point of view and illegitimate from the historical point of view because in the south of Mendoza "Mapuches never existed."

These are three areas that were taken from their private owners last January.

Two of them, more than 21,500 hectares, went to two Mapuche communities: El Sosneado, from San Rafael, and Suyai Levfu, from Malargüe, who claimed recognition of those lands on the grounds of their ancestral presence on Cuyo lands.

And the latest resolution granted 4,477 hectares of land to the Lof Limay Kuref Mapuche community.

Regarding the report on the historical background of the communities, the presentation argues: "It incurs in a clear lack of objectivity, based on a poor survey of data provided by CUESCI and arrives at conclusions that are absolutely far from reality. It lacks a bibliography that supports any of his conclusions, but fundamentally he has not shown that there were Mapuches in the south of Mendoza".

The Mendoza government has decided to add to its complaint an annex with

historical information and abundant bibliography that shows that the province was inhabited by two large groups, one headed by the Huarpes to the north and the Pehuenches and Puelches to the south

;

and that there has been no ancestral presence of the Mapuche peoples in the south of Mendoza.

In another point, the validity of the emergency provided for by Law No. 26,160 is questioned, which was extended by various legislative norms until November 23, 2021 and had a last extension through Necessity and Urgency Decree No. 805/2021 until November of 2025. "The situation provided for in the Constitution has not been configured to dictate a norm of necessity and urgency and even less, to extend an emergency whose declaration, determination of the term and scope is the exclusive and exclusive attribution of the National Congress and without consulting to the province", assures the Mendoza government.

Suarez affirms in his presentation that the INAI has issued the resolutions without having dominance reports from the Property Registry and without having communicated to the Province the opinions, conclusions, reports and other elements considered to reach the resolutions.

On the other hand, it objects that the resolutions expressly disregard decisions adopted by provincial courts that have evaluated the situation of the communities and have concluded that there is no current, traditional, and public possession or occupation of the lands in conflict.

The controversy with the Nation is on its way to be resolved by the Supreme Court of Justice.

"It is the Supreme Court that resolves conflicts over the occupation of real estate by native peoples, it is the responsibility of the Provincial Justice. Even more serious, the judicial sentences are mentioned in the files, but it is expressly recognized that they have not been certified in their entirety, nor have they been requested and incorporated into administrative proceedings," said Suarez.

And it questions that in two of the cases (Lof el Sosneado and Lof Suyai Levfv), the beneficiary communities have not completed their legal status process, when the regulations expressly require it as a condition for the recognition of any type of occupation.

Nor does it explain, nor does the Institute provide any element that would allow the pre-existence of the communities to be accredited.

Oil and tourism potential 

Among the assets that the national government is handing over to the self-perceived Mapuches, the Mendoza government's Secretary of the Environment and Territorial Planning detected that there are the first unconventional crude oil wells on the Mendoza side of the Vaca Muerta block, in the south of malargüe.

In that place, a million-dollar investment is being developed for exploration and production activities by YPF.

It is in the area where the first oil explorations of Vaca Muerta were made in the province of Mendoza.

Regarding the recognized areas, there are two that are committed to oil activity: one that has 23 wells in El Sosneado.

The operator of this area is Emesa -a company whose shareholders are the Province of Mendoza and its municipalities-, and its objective is to increase the value of energy assets.

In another territory in conflict, 30 oil wells that belong to the Vaca Muerta formation are included.

Governor Suarez explained that the affected lands belong to the private sector where there is hydrocarbon exploitation and assured that the Las Leñas pass, a road project to link the south of Mendoza with Chile, is at risk.


look too

Agustín Rossi assumes next Wednesday as Chief of Staff and Alberto Fernández defines who will replace him at the AFI

For Miguel Ángel Pichetto, Together for Change "is in difficulties" and asked Mauricio Macri to define in March if he is going to be a candidate

Source: clarin

All news articles on 2023-02-10

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