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Derechos | Equipo Nizkor
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Derechos | Equipo Nizkor
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25Sep12
APG Itika Guasu Accuses the Departmental Highways Service of Breaching the Law
The Assembly of the Guarani People of Itika Guasu has filed a complaint against the current and former directors of the Departmental Highways Service (SEDECA) for breach of duties and habeas corpus resolutions, for having allegedly violated the rights of the indigenous people by failing to consult with them prior to the execution of projects in the APG IG community lands. It is also seeking Constitutional Protection.
According to the lawyer of the APG Itika Guasu, Marco Antonio Castillo, this is a similar situation to the case of the Indigenous Territory of the Native Peoples of Isiboru Secure (TIPNIS) who demand that they be consulted regarding any work to be carried out in their territory. "It is not an economic matter that we are seeking to resolve, and we do not want it to be misconstrued as one in the future, nor is it a political matter, nothing like that. All we want is for the law to be followed, that's it".
Those accused of these violations, the former and current directors of Sedeca, are alleged to have broken the law by not providing the relevant information, which was their duty as representatives of the highways institution, and by not having complied with the Constitutional Court Judgement which recognises consultation with the indigenous people in connection with works and movements of lands dating from 2010.
The current director, Luis Fernando Navarro González, has already made a statement and the former director, Alberto Benítez, is currently in the process of being notified, so that he can provide his statement too. He explained that the APG [IG], situated in the O'Connor Province, filed a complaint against the highways authorities because they had not complied with the current Political Constitution of the State with respect to the right to prior consultation i.e the consensus of indigenous peoples in places where their land would be affected. "It should be noted that the APG formally requested information from SEDECA a long time ago, regarding the projects that were being carried out in their original community lands and those which were being planned."
"However, they never deigned to answer them, or to tell them what these situations are, infringing what is stipulated both by the constitution and the laws". Castillo explained that all the APG wanted was to be taken into account as the owners of their Original Community Lands (TCO) as regards any type of administrative activity that is planned to take place within their territory, this being the right of any person who has property rights over lands. To date no information has been sent.
Sedeca, in turn, filed for Constitutional relief arguing against the APG claims and this relief was finally denied. In the final ruling, Sedeca were ordered not only to consult but also to restore the lands to how they were before their entry onto the TCOs. "The employees and officials of Sedeca have never complied with this before, in fact they completely ignored us, in spite of the numerous occasions where we notified them to comply with the 2003/2010 Constitutional Judgement of 25 October, in which the obligations of the State towards native peoples are clearly mentioned".
According to agrarian law, there are different forms of land ownership. One of these is the Original Community Lands, which is the form by which the APG Itika Guasu owns its lands, as representatives of all the Guaraní communities within that area.
[Source: By Víctor Espinoza, Nuevo Sur, Tarija, 25Sep12]
 | This document has been published on 20Jan14 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. |