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Notification of the APG IG denouncing serious fundamental irregularities in the regulation and application of Prosol

Guaye, 06 January 2014
For the Attention of Mr Yamil Cliver Panique
Director of Prosol of the Government of Tarija

Dear Sir,

We are writing to you given that as of today none of the undertakings made by the representatives of Prosol during the meeting we held on 12th December 2013 have been carried out.

In order to put the current state of affairs on the record we have decided to send you the following formal presentation so as to establish the responsibilities agreed upon:

1) With respect to (your representation that) the files of 2011 and 2012 are now being reviewed legally, we advise that we have no reliable notification as to the situation in respect of the same, which fact creates an evident and undeniable state of defencelessness on our part.

2) With respect to your acknowledgement that the Prosol regulations established only for campesinos and your invitation that we should set out our position with reference to the same: We should record the fact that this acknowledgement by you of the de facto situation is very serious and has obvious consequences in criminal law, in light of the fact that the "Operative Regulations of the Communal Support Programme" (Reglamento Operativo del Programa Solidario Comunal - Prosol) state that they were approved with the consent of persons described as "parent organizations of the Indigenous Peoples ", an ad hoc categorisation which includes our organization.

3) As the Executory Unit you acknowledge that the planning of the 5 year investment plans by Community, which are a condition for the 2014 implementation, are completely unviable in practice given the time period set out in the letters dated 9th and 31st December last year.

4) You have failed to fulfil your undertaking that between 16th and 20th December last year you would send a formal letter to the headquarters of the APG IG with an "adjustment of time periods and conditions".

We are sorry to have to inform you that the resolution/resolutions with respect to Prosol were passed without prior consultation as provided in Law Nš 1257 dated 11th July 1991, which incorporates into the law of the Republic the ILO Convention nš 169 on Indigenous and Tribal Peoples in Independent Countries, promulgated by the then President Jaime Paz Zamora, as well as in Law Nš 3760 dated 7th November 2007 and promulgated by President Evo Morales Ayma.

On 12th April 2011, the APG IG was formally notified by the Judgement Court of Entre Rios, of the Constitutional Judgement 2003/2010-R of 25th October 2010 which was repeatedly notified to the Interim Governor, Lino Condori.

Additionally, since on 2nd December 2013 the Judgement Court of Entre Rios, in a decision concerning the fact that the Constitutional Judgement is of obligatory performance, stated "That, as Constitutional Judgements are binding and of obligatory character and given that it is necessary to adopt the provisions necessary for their performance pursuant to art. 17 of Law 254.....", we attach hereto a copy of the same.

The Government of Tarija has never complied with any of the constitutional instructions set out above and therefore is acting completely illegally and with an intentionality which we can only describe as "racial segregation" against indigenous peoples and not only those of our organization.

The purpose of this letter is therefore to remind you of the rights of the indigenous communities consistent with the criteria of the judgement of the Court of Entre Rios dated 2nd December 2013, as attached.

We offer our due regards to the Director

Department of Projects

[Source: Notarised letter delivered on 9th January 2014 to the Secretary of Prosol Miquelín Cortez Rivero, from the Legal Department of the APG IG, 17Jan14]

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