Un conflicto por las tierras indígenas llega hasta la Corte Suprema de Argentina
Los jueces cuestionan al Gobierno de Formosa por instalar una universidad en territorio de la etnia qom
Alejandro Rebossio Buenos Aires8 MAR 2012 - 09:24 CET
アルゼンチンの先住民が、彼らの土地に広大な大学建設を反対、最高裁に提訴
An indigenous land dispute reaches the Supreme Court of Argentina
The judges questioned the Government of Formosa by installing a university in Qom ethnic territory
Alejandro Rebossio Buenos Aires 8 MAR 2012 - 09:24 CET
The judges questioned the Government of Formosa by installing a university in Qom ethnic territory
Alejandro Rebossio Buenos Aires 8 MAR 2012 - 09:24 CET
One of the most emblematic conflict in the struggle for indigenous lands from Argentina arrived yesterday in the Supreme Court of this country. The court convened representatives of the tribe of the Toba Qom and the government of the northern province of Formosa, which wants to build a university campus on 600 hectares that the Indians claimed as their own. The dispute has already claimed the life of a Qom police repression against a squad that had set the Indians on a country road in 2010. In that scuffle was also killed a policeman. Last May, the government of Cristina Fernandez Kirchner, Peronist like Formosa, created a dialogue between the parties in power, but the lack of progress before the Supreme Court decided broker.
The Chief Justice Ricardo Lorenzetti, and other judges of that body insistently asked the representatives of the Gildo Insfran ruled province for 17 years why not study center installed elsewhere. "Is there no possibility to install the university on the other side?" Lorenzetti said Formosa's lawyer, Stella Maris Zabala Copes, and led the applause of Indians and members of human rights organizations which attended the hearing from the public . After some evasive phrases, Zabala said, "I say no."
Indians represent about 1% of the 40 million Argentines, a society dominated by mestizos and descendants of European immigrants. Unlike other South American countries where indigenous people represent a larger share of the population, in Argentina only claims have been heard throughout history. A constitutional amendment in 1995 recognized their right to "possession and ownership of the lands they traditionally occupy" and stated that "none of them will be sold, transmitted".
more informationThe indigenous peoples of Argentina want to ruleArgentina land gets to stain with blood
But what does the Constitution need to get off to reality. In 2006 a law established that the provinces should relieve the indigenous land and then give them the title of ownership to the communities. Formosa, a province with the largest indigenous populations of Argentina, you have not already done so.
Since that law, the Supreme Court has intervened in several conflicts over indigenous lands and has generally ruled in favor of indigenous peoples, although once favored the oil Refinor (controlled by Repsol YPF). The difference between those cases and the Formosa is that this case are not companies or landlords who were faced with the Indians but the very state, provincial, and also the differences ended in two deaths. The Indians had four months blocking the road to protest the installation of the university when police swept them away Formosa and burned their homes, as denounced by their chief, Felix Diaz.
From that episode, and dozens of Qom Diaz pitched five months in Buenos Aires, 1,400 miles south of their land, to claim that the national government received them. Most of them do not speak Spanish but Qom and live in precarious houses without potable water. Finally, the Argentine Interior Minister Florencio Randazzo, created a table for a dialogue that has not succeeded. Even the children and grandchildren of Chief Diaz have denounced attacks hit and threatened with shooting.
"They say they heard noises and seemed shot, but it was the National Gendarmerie and found absolutely nothing," he said yesterday before the Court on Formosa government minister, Jorge Gonzalez. American Commission on Human Rights calling to Argentina last April to protect the community Qom Spring, so he retired from there to provincial police and the Government of Fernandez sent the Gendarmerie.
Tall with his chief headband, shirt and collar white multicolor, Díaz waited until the end of the hearing to speak.
He recalled that his ancestors did not relate to their land as their own but as one "place where hunting and gathering." "The earth is not to commercialize it. It's part of our existence. The resources that exist there are not ours. We live with them, "Diaz argued. Now the Court will deliberate on how to solve this conflict.
The Chief Justice Ricardo Lorenzetti, and other judges of that body insistently asked the representatives of the Gildo Insfran ruled province for 17 years why not study center installed elsewhere. "Is there no possibility to install the university on the other side?" Lorenzetti said Formosa's lawyer, Stella Maris Zabala Copes, and led the applause of Indians and members of human rights organizations which attended the hearing from the public . After some evasive phrases, Zabala said, "I say no."
Indians represent about 1% of the 40 million Argentines, a society dominated by mestizos and descendants of European immigrants. Unlike other South American countries where indigenous people represent a larger share of the population, in Argentina only claims have been heard throughout history. A constitutional amendment in 1995 recognized their right to "possession and ownership of the lands they traditionally occupy" and stated that "none of them will be sold, transmitted".
more informationThe indigenous peoples of Argentina want to ruleArgentina land gets to stain with blood
But what does the Constitution need to get off to reality. In 2006 a law established that the provinces should relieve the indigenous land and then give them the title of ownership to the communities. Formosa, a province with the largest indigenous populations of Argentina, you have not already done so.
Since that law, the Supreme Court has intervened in several conflicts over indigenous lands and has generally ruled in favor of indigenous peoples, although once favored the oil Refinor (controlled by Repsol YPF). The difference between those cases and the Formosa is that this case are not companies or landlords who were faced with the Indians but the very state, provincial, and also the differences ended in two deaths. The Indians had four months blocking the road to protest the installation of the university when police swept them away Formosa and burned their homes, as denounced by their chief, Felix Diaz.
From that episode, and dozens of Qom Diaz pitched five months in Buenos Aires, 1,400 miles south of their land, to claim that the national government received them. Most of them do not speak Spanish but Qom and live in precarious houses without potable water. Finally, the Argentine Interior Minister Florencio Randazzo, created a table for a dialogue that has not succeeded. Even the children and grandchildren of Chief Diaz have denounced attacks hit and threatened with shooting.
"They say they heard noises and seemed shot, but it was the National Gendarmerie and found absolutely nothing," he said yesterday before the Court on Formosa government minister, Jorge Gonzalez. American Commission on Human Rights calling to Argentina last April to protect the community Qom Spring, so he retired from there to provincial police and the Government of Fernandez sent the Gendarmerie.
Tall with his chief headband, shirt and collar white multicolor, Díaz waited until the end of the hearing to speak.
He recalled that his ancestors did not relate to their land as their own but as one "place where hunting and gathering." "The earth is not to commercialize it. It's part of our existence. The resources that exist there are not ours. We live with them, "Diaz argued. Now the Court will deliberate on how to solve this conflict.
アルゼンチンの先住民が、彼らの土地に広大な大学建設を反対、最高裁に提訴
先住民族の土地紛争はアルゼンチンの最高裁判所に達する
裁判官は、コム民族地域の大学をインストールすることにより、台湾の政府に疑問を呈した
裁判官は、コム民族地域の大学をインストールすることにより、台湾の政府に疑問を呈した
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