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Minutes and resolution of the General Assembly of Mburuvichas of the APG IG condemning the fraudulent acts of Hugo Arevayo and Walter Ferrufino
At 8.30 am on Friday 26th September 2014, at the headquarters of the APG IG in Guaye, the below mentioned Mburuvichas and Kuña Mburuvichas of the APG IG attended the meeting convened by the President of the APG IG, Never Barrientos, pursuant to article 12 of the governing Statute. The only item on the agenda was the paralysis in the operations of the APG IG, including its programmes on health, child nutrition and production, as a consequence of the acts carried out by the group led by the Sectional Executive Walter Ferrufino.
In compliance with article 42 of the Statute, the President of the APG IG, chaired the Extraordinary General Meeting and he designated as Secretary of the meeting Ricardo Gareca, also in accordance with the said Statute.
After welcoming the attendees, the President noted the presence of the entire Board of the APG IG, that is to say, the Vice- President Florentino Zeballos Orquera and the Mburuvichas Benildo Vaca, Gregorio Barrientos Camacho, Zacarías Cuéllar, Angela Tague Manuel and Fernando Cuéllar, as well as the Mburuvichas Santiago Barrientos, Sebastián Catuire and Fabián Cayo of the Council of Sages.
It was proposed that the minutes should reflect the names of all those present at this important Meeting.
The Mburuvichas of the communities listed below alphabetically, were noted present and all these are recorded as being so nominated and being in possession of an effective mandate:
1. Agua Rica
2. Alto los Zarzos
4. Chalana Vieja
7. Fuerte Viejo
18. Salado Grande
24. Trampitas Ñuairenda
On making a record of attendance, the participation of 27 Communities and 151 comunarios (community members) was confirmed, as was the fact that this number exceeds the minimum quorum required by Article 41 of the Statute. As a result, the record reflects the proper commencement of the Extraordinary General Assembly of the Community Mburuvichas of the APG IG.
Never Barrientos began the meeting by asking permission to speak in order to explain why the meeting had been convened and explained that in accordance with article 40 of the Statue the meeting had been convened with the one item on the agenda
He explained the events that had occurred since the last Extraordinary General Meeting of the Mburuvichas, and described in detail to the Community Mburuvichas and Kuña Mburuvichas, as as well as to all those present, the context of all the attacks against the APG IG and its Board since the beginning of 2014. Therafter, the Mbruvichas approved the agenda and resolved the following:
RESOLUTION OF THE EXTRAORDINARY GENERAL ASSEMBLY OF MBURUVICHAS OF THE APG IG
Having learned that on 12th August 2014, HUGO AREBAYO CORIMAYO (C.I. 5807021-Tja.); EUGENIO CATUIRE REMA (4242655-Tja.); ELOY NOVILLO ZIMBA (C.I. 7110562-Tja.); EDUARDO SEGUNDO GOMEZ, (C.I. 7134077-Tja.); ABRAAN MELEAN PÉREZ (C.I. 7147919-Tja.); MARTIN MAIRE SOSSA (C.I. 1889989-Tja.); REINALDO LLANOS CAYO (C.I. 7137938-Tja); ARTEMIO TARRAGA CHAVEZ, (C.I. 5008371-Tja.); PASCUAL KATOIRE REMA (C.I. 5809655-Tja.) and CORINA CUÉLLAR ALBARADO (C.I. 7242171-Tja.), all of whom are subject to the Original Indigenous Jurisdiction of the TCO Itika Guasu, granted notarial powers of attorney (registry nš 0188/2014), before 2nd Class Notary Nš1 of Entre Ríos, Dr. José Luis Sandoval, by means of which they sought to revoke notarial powers of attorney Nš 012/2010, 181/2010 y 182/2010, which powers were granted by the lawful decision-making organ of the APG IG, the General Assembly, and at the same time, they sought to confer a new extensive power of attorney in favour of Hugo Arebayo Corimayo and Eugenio Catuire Rema;
Having learned that the said persons based the granting of the said power on a resolution of the "regional meeting" of 31st May 2014, a type of meeting which is not envisaged in the applicable Statute in force of the APG IG, and that this Statute was passed unanimously by the 36 communities which make up the APG IG in September 2013, and having also learned that the said meeting was convened entirely without compliance to the provisions of the applicable Statute and that the resolution of the said meeting was explicitly to a) reject the applicable Statute in effect; b) to freeze the bank accounts of the APG IG; c) to revoke and annul notarial powers of attorney; d) not to participate in any meeting or assembly convened by the Board of the APG IG;
Bearing in mind that in the said resolution of the meeting of 31st May 2014 a series of persons appear who, assuming the accuracy of the said list, would constitute a negligible minority of participants thus being in breach of the Statute of 7th September 2013 which is part of the Original Indigenous Jurisdiction and contrary to Guarani uses and customs;
Noting that the holographic copy of the meeting submitted by the same persons in a proceeding before the Prosecutor's Office of Entre Rios, is not consistent in its terms with what is presumably the same document registered with the public notary;
Bearing in mind that in the said meeting the kapangas [leaders of the parallel structures created by the Government] who form part of the racist task force led by the Sectional Executive Walter Ferrufino, including Hugo Arebayo, proclaimed themselves members of the Board of the APG IG, with Hugo Arebayo as President, and given that this Guaraní had been recently disqualified by the Supreme Electoral Court of Tarija as a result of possible identity theft as well as being the subject of a sanction imposed by the APG IG in 2012 through a resolution dated 5th October 2012 pronounced in accordance with uses and customs. The said resolution to sanction was notified by means of a notarial letter to the said subject by the same 2nd Class Notary of Entre Ríos, Dr. José Luis Sandoval, and it contains the following penalties:
A) To condemn in perpetuity Rene Arebayo and Hugo Arebayo to banishment from the TCO IG as a result of which they lose their status as community members and thus the rights which that affords.
B) To condemn Rene Arebayo and Hugo Arebayo for serious breach of indigenous law such that they can never be candidates nor representatives of the Guaraní People of the TCO IG before any instance and in any jurisdiction.
Having learned that on the basis of this resolution of 31st May 2014, and this document which is null ab initio, HUGO AREBAYO CORIMAYO and EUGENIO CATUIRE REMA submitted a brief on 29th August 2014 to the Financial System Supervisory Authority (ASFI), requesting that this Authority "instruct the financial entities to suspend on a national basis all financial activity (withdrawal of funds) from banking accounts whether directly or indirectly" relating to the Assembly of the Guarani People of Itika Guasu;
Reaffirming that Hugo Arebayo, together with René Arebayo (also recently barred by the Supreme Electoral Court from seeking to become a candidate as a National Deputy on behalf of the original campesino and indigenous Nations and Peoples, given that his candidacy was in breach of uses and customs in force in our jurisdiction) acted in connivance with Anastasio Arebayo (also of Guarani origin and a functionary for indigenous affairs with the Sectional Executive of O'Connor Province, Walter Ferrufino) contrary to the interests of the APG IG and in clear violation of the original indigenous jurisdiction of the TCO Itika Guasu;
Bearing in mind that the Extraordinary General Assembly of Mburuvichas held on 27th February 2014, resolved inter alia "To give a mandate to the Board to apply the sanctions envisaged in the Statute currently in effect, including the expulsion and punishment pursuant to uses and customs of those persons who are community members who act contrary to the interests of the APG IG. With reference to this the Board should proceed to an investigation of Eloy Novillo, Juan Arevayo, Felipe Maire Zosa, Guillermo Arce Segundo,Santos Arebayo and others", which included Hugo Arebayo and the rest of the group linked to Walter Ferrufino Gaite who have sought to usurp original indigenous authority;
Bearing in mind that on 29th April 2014 the APG IG submitted a formal complaint for racism and illicit association against Mr Nelson Walter Ferrufino Gaite, Sectional Executive for Development of O'Connor Province and nine additional individuals in his pay: René Arebayo, Anastacio Arebayo, Hugo Arebayo, Santos Arebayo, Juan Arebayo, Felipe Maire Soza, Martín Maire, Eloy Novillo and Guillermo Arce Segundo, in respect of a series of acts intended to break up the representative bodies which the Guarani indigenous people have established, with the specific and patent intention of destroying the APG IG. Such actions include the following: a) Using as justification a law entitled "Arete Guasu" (Ley No. 75 of the Departmental Legislative Assembly of Tarija) of 2nd February 2013, the Sectional Executive of O'Connor, Walter Ferrufino, publicly convened a party called "Arete Guasu" to be celebrated on the 2nd of March 2014 in the TCO Itika Guasu, without consulting on this initiative with the APG IG. This party was announced to be in order to celebrate the anniversary of the APG IG, with the evident aim of deceiving the people of the TCO Itika Guasu into attending the same, believing that the party was held by the Board. Using the "party", it was intended to hold a meeting of Mburuvichas to revoke the Statute which the 36 communities of the APG IG had themselves established, with the objective of dismantling the APG IG and replacing the authorities appointed by uses and customs; b) Convening a meeting of a so-called "regional Assembly to be held on 26 and 27th April 2014 in the Community of Ñaurenda" to circumvent the APG IG and disregard the legitimate authorities and the established procedures;
Regretting that the actions of the Prosecutor's Office of Entre Rios in respect of the said complaint is notable for its arbitrariness and lack of impartiality and objectivity, and shows undue bias for one of the parties, and more importantly, said actions reflect a policy of disregarding the decisions of the authorities of Original Indigenous Jurisdiction, in systematic breach of Law Nš 073 of Judicial Demarcation and the Constitution in force as a result of which the unjustifiable decision of the prosecutor to dismiss the complaint is now the subject of appeal;
Bearing in mind that at the Extraordinary General Assembly of Mburuvichas held on 19th May 2014, it was resolved "To support completely the Board of the APG IG with Never Barrientos as President, Florentino Zeballos as Vice President, Zacarías Cuellar as Finance spokesperson, Benildo Vaca as Projects Department spokesperson, Ángela Tagüe as Health spokesperson, Fernando Cuellar as spokesperson for Production and Gregorio Barrientos as spokesperson for Education" and it was further resolved "To ratify the decision to mandate the Board of the APG IG to initiate the appropriate legal proceedings against the Sectional Executive and the Guarani functionaries employed by him so that their acts are not committed with impunity and if necessary to request the intervention of public forces to enforce respect for the decisions of the Assembly of the Guarani People of Itika Guasu";
Bearing in mind that the Extraordinary General Assembly of Mburuvichas held on 29th and 30th May 2014 in the community of Zapaterambía (TCO Itika Guasu), with the participation of 29 communities and their respective Mburuvichas, resolved the following:
"Within its attributions, the Extraordinary General Assembly grants the broadest powers such that only the representation authorised by this Assembly or the decisions to be taken in furtherance of the proper defence of our organization shall be recognised.
As a result the Extraordinary General Assembly repudiates and rejects the so-called meeting of the "Regional Assembly" which seeks to create a parallel organization to that which we have lawfully established."
Re-affirming and recalling that all these acts were carried out by the group in the service of the Sectional Executive and outside the statute and the uses and customs in effect in original indigenous jurisdiction applicable to the TCO Itika Guasu, and further that on the basis of a legal fiction with respect to the zones and seeking to replace the lawful authorities of the APG IG, the said meeting of 31st May 2014 was a clear act to usurp the powers of and to interfere with original indigenous jurisdiction.
Recalling that all the Extraordinary General Assemblies of Mburuvichas mentioned above have been convened pursuant to the formalities established in our Statute and have been held with not less than the minimum quorum established to validate such meetings, far exceeding the attendance required by the Statute, the legality of the same is reaffirmed.
Expressing our gratitude to all the Guaraní organizations of the Department of Tarija and to all the indigenous organizations of Bolivia, who have issued communiqués in support of the Board and to repudiate the actions of the Sectional Executive Walter Ferrufino, of the Deputy Justino Zambrana and their acolytes, notably including Hugo Arebayo. In the first of these communiqués dated 3rd June 2014, the signatories expressly stated:
"We express our manifest repudiation of the actions of the Sub-Governor of O'Connor, Walter Ferrufino and of the creation of an "alternative board" which is not the lawful authorities of the APG IG and therefore, in reliance on original indigenous authority vested in us, we reject as contrary to uses and customs the group led by Hugo Arevayo, who is in any event a functionary of the said sub-Governor. We call on all Guaraní organizations to disregard this group and support all the measures taken by the APG IG in application of original indigenous jurisdiction in defence of the interests of the Guaraní people of the TCO Itika Guasu."
In another communiqué of 27th June 2014, the signatories stated:
"Thus, with the original indigenous authority vested in us, including the departmental organizations such as the CCGT Tarija, national organizations such as the National APG with headquarters in Camiri, the CIDOB, CNAMIB and international organizations such as the Co-Ordinator of Indigenous Organizations for the Amazon Basin with headquarters in Ecuador and the Continental Council of the Guaraní Nation with headquarters in Paraguay, we hereby state that the only lawful Authority of the APG IG, in compliance with its own organic requirements and its uses and customs, is the Board composed of:
- Never Barrientos, President
- Florentino Zeballos Orquera Vice President
- Zacarías Cuellar Oanda Head of Finances
- Benildo Vaca Head of Projects
- Ángela Tague Manuel Head of Health
- Gregorio Barrientos Camacho Head of Education
- Fernando Cuellar Oanda Head of Production
Any person and/or institution which recognises and/or validates in good faith any other persons as substitutes for the above-mentioned individuals is the victim of fraud, as this is a matter of the usurping of powers which seeks to destroy the APG IG and is therefore a criminal offence pursuant to legislation as well as being a serious breach of original indigenous jurisdiction, indigenous law and Art.122 of the CPE which provides "The acts of any person who usurps powers not within his competency are null and void as are acts of those who exercise jurisdiction or power which is not pursuant to the law".
Having learned that on 12th August 2014, HUGO AREBAYO CORIMAYO (C.I. 5807021-Tja.); EUGENIO CATUIRE REMA (4242655-Tja.); ELOY NOVILLO ZIMBA (C.I. 7110562-Tja.); EDUARDO SEGUNDO GOMEZ, (C.I. 7134077-Tja.); ABRAAN MELEAN PÉREZ (C.I. 7147919-Tja.); MARTIN MAIRE SOSSA (C.I. 1889989-Tja.); REINALDO LLANOS CAYO (C.I. 7137938-Tja); ARTEMIO TARRAGA CHAVEZ, (C.I. 5008371-Tja.); PASCUAL KATOIRE REMA (C.I. 5809655-Tja.) and CORINA CUÉLLAR ALBARADO (C.I. 7242171-Tja.) have falsely claimed powers of representation which they do not possess including before ordinary criminal law, and as the "new Board" have filed a complaint for alleged acts relating to the PROSOL programme committed by the members of our board, all of which acts have been proven to be fabricated as has been proven in court by production of the relevant audit report; and coincidentally, that the first sanction of 5th October 2012 against Mr Hugo Arebayo was based on irregularities committed by him in the context of this programme of the Government of Tarija, and that our Board had denounced this conduct on repeated occasions to the PROSOL authorities as is demonstrated in the records of meetings and sanctions in our possession;
Considering that the last action against our authorities of which we are aware is specifically the revocation of the notarial powers lawfully granted by our authorities in reliance on power which is completely null and void as it was based on a board minute entirely lacking any legal effect under our jurisdiction and therefore under any jurisdiction, as a result of which HUGO AREBAYO CORIMAYO and EUGENIO CATUIRE REMA, have defrauded third parties acting in good faith and have induced the ASFI to paralyse de facto our bank accounts;
Concerned and deeply disquieted by verifying that the ultimate aim of all these persons is the destruction of the APG IG and the consequent access to and plundering of the "Itika Guasu Development Fund" which arose from the "Agreement of friendship and co-operation between the Assembly of the Guarani People of Itika Guasu and Repsol YPF E&P Bolivia S.A.", of 29th December 2010.
Concerned and deeply disquieted because as a consequence of this illegal conduct our programmes in health, education, infant nutrition and agricultural production are paralysed with damages and losses which are now being incurred by us, including the lack of care for the ill and the possible loss of human lives amongst our community members.
Concerned and deeply disquieted by the fact that our calls for help and meetings held at the highest level of the National executive have not so far translated into effective action directed towards the defence of our jurisdiction and our uses and customs, and specifically, to the safekeeping of those good faith third parties who may find themselves defrauded by Notarial Power Nš 0188/2014, given that this public document is void and of no legal effect.
Concerned and deeply disquieted by the lack of respect given under the jurisdiction of the ordinary courts to the decisions issued pursuant to Original Indigenous Jurisdiction, a matter which has also been the subject of a recent and detailed report of the Legal Department of the APG IG formally submitted to the Attorney General of the Plurinational State on 5th September 2014; and
Recalling that the lack of respect by the jurisdiction of the ordinary courts to the decisions of our Original Indigenous Jurisdiction and our uses and customs constitutes a flagrant violation of the Constitution of the Plurinational State, the United Nations Declaration on the Rights of Indigenous Peoples, incorporated into law by Law No. 3897 of 26th June 2008 (the only article of Law No. 3760 of 7th November 2007); Convention No. 169 of the International Labour Organization concerning Indigenous and Tribal Peoples in Independent Countries, ratified by Law No. 1257 of 11th July 1991, Law No. 073 of Jurisdictional Demarcation of 29th December 2010, Constitutional Judgement 2003/2010-R of 25th October 2010, handed down in a case which directly affected the APG IG, the doctrine of our Plurinational Constitutional Court (see, for example SCP 0874/2014, of 12th May 2014) and the jurisprudence of the Inter-American Court of Human Rights on this subject-matter, principally the judgements issued in the Case of the Kichwa Indigenous People of Sarayaku v. Ecuador and the Case of the Saramaka People v. Suriname.
WE HEREBY RESOLVE:
1) To formally declare the "Minutes of the Regional Meeting" ("Acta de la Reunión Regional"), (a holographic version of which was submitted by the fraudsters in the Case referenced as "FISER 115/2014") and the "Minutes of the Regional Meeting of the Community of Yukimbia", (the notarised version) both dated 31st May 2014, null and void as they are contrary to our governing Statute in effect as from 7th September 2013 and specifically: articles 5 concerning Legal Capacity, 10 concerning Government Organs, 11 concerning the Board, 12 concerning The President, 16 concerning the Mandate, 38 to 42 concerning the General Assembly of Mburuvichas and 24 to 31 concerning the Development Fund of Itika Guasu. In addition they are contrary to our uses and customs and the decisions validly adopted by our lawful authorities within the framework of our original indigenous jurisdiction;
2) To formally declare all subsequent acts of whatever nature originating from the said Minutes as null and void and to reaffirm that both the Notarial Statement ("Testimonio Notarial") Nš 0188/2014, dated 12th August 2014, before Dr. José Luis Sandoval Gareca, 2nd Class Public Notary Nš 1 of the Judicial centre of Entre Ríos, Tarija, and it submission to the ASFI by Hugo Arebayo Corimayo (C.I. 5807021-Tja.) and Eugenio Catuire Rema (4242655-Tja.), and the public instrument from the same notary on paper stamped Nš 1888224, which incorporates the "Minutes of the Regional Meeting of the Community of Yukimbia", are ILLEGAL ACTS and are completely null and void as being contrary to our Statute and our uses and customs.
3) To ratify the validity and effect of the following notarial powers:
a) Notarial Power Nš 012/2010, granted before the then 2nd Class Public Notary of Entre Rios, Lic. Bernardina Villena Flores, dated 18th January 2010 by virtue of which the current members of the Board granted comprehensive general powers to the current President and Vice-President of the Board, i.e to Mbvuruvicha Guasu and President Never Barrientos and to Vice-President Florentino Zeballos Orquera.
This notarial power concerns general management and authorises the Board members to whom the power was granted - the Mburuvichas Never Barrientos and Florentino Zeballos to control bank funds.
As a result, this General Assembly of Mburuvichas ratifies the resolution by the Board to grant Notarial Power Nš 012/2010 in favour of our comrades Mburuvichas Never Barrientos and Florentino Zeballos, and for all purposes, both within the Original Indigenous Jurisdiction of our TCO Itika Guasu as well as with respect to third parties acting in good faith, we declare that the said power remains in full force and effect as having been conferred in accordance with our uses and customs and the applicable laws. As a consequence, we declare before all the community members of our TCO Itika Guasu and to all third parties, that Notarial Power Nš 012/2010 remains in full force and effect and has not been modified or revoked by us.
b) Notarial Power Nš 0181/2010: "SPECIAL POWER CONFERRED BY THE MBURUVICHAS OF THE APG-IG, IN A GENERAL MEETING DATED 1ST DECEMBER 2010 IN FAVOUR OF MESSRS: NEVER BARRIENTOS AND FLORENTINO ZEBALLOS ORQUERA - RESPECTIVELY PRESIDENT AND VICE-PRESIDENT OF THE BOARD OF THE APG-IG AND OF MR: SANTIAGO BARRIENTOS LÓPEZ REPRESENTATIVE OF THE COUNCIL OF SAGES ON THE FINANCE COMMITTEE" given before the 2nd Class Public Notary of Entre Rios, Dr. José Luis Sandoval G., dated 3rd December 2010.
By virtue of this Power of Attorney the resolutions of the General Assembly of Mburuvichas of 1st December 2010 concerning the "Development Fund of the APG IG" are recorded in a public document, which includes, inter alia, the following provisions:
- The approval of the granting of powers relating to the bank account of the "Development Fund of the APG IG".
- The authorization for the creation of a special account denominated the "Development Fund of the APG IG".
- The requirements for any modification of the specific objective of the Development Fund of the APG IG, which provide always the convening of an Extraordinary General Meeting by the Board for this sole purpose. It further provides that the quorum for such a meeting to take place to consider such a modification is 65% of Mburuvichas in representation of the communities.
- The disposition of the interest generated and realised on the account as well as representation before the Managing Bank is conferred on a Finance Committee made up of members of the Board authorised to effect general management (Testimonio de Poder Nš 012/2010) and a third person specifically nominated by the General Assembly of Mburuvichas from amongst the Council of Sages, Santiago Barrientos López being the designated individual for these purposes.
- The creation of a Council of Sages made up of five members designated in perpetuity by the General Assembly of Mburuvichas and whose responsibility is "to protect the integrity of the fund in the long term in a way that will ensure the development of the communities which make up the APG IG and, specifically to ensure that the next generations have an income which guarantees their development".
- The lifetime appointment of the members of the said Council of Sages, the said Council consequently being composed of the following persons (in order of their date of birth):
1.- Santiago Barrientos López
2.- Sebastián Catuire Arebayo
3.- Fabián Cayo Canuto
4.- Benildo Vaca
5.- Never Barrientos
- The conferring of powers to Never Barrientos, Florentino Zeballos Orquera and Santiago Barrientos López, as well as to the members of the Council of Sages for the purposes provided in the act of constitution of the Development Fund of the APG IG.
Our General Assembly of Mburubichas adopted these resolutions and effected these provisions, all of which we ratify and maintain for all effects, including the composition of the Council of Sages, and we acknowledge and ratify that the five members thereof are: Santiago Barrientos López, Sebastián Catuire Arebayo, Fabián Cayo Canuto, Benildo Vaca and Never Barrientos.
Consequently, we declare to the community members of our TCO Itika Guasu and to all third parties that Notarial Power Nš 0181/2010 remains in full force and effect and has not been modified nor revoked by us.
c) Notarial Power Nš 0182/2010: "SPECIAL POWER CONFERRED BY THE MBURUVICHAS OF THE APG-IG, IN A GENERAL MEETING DATED 1ST DECEMBER 2010 IN FAVOUR OF MESSRS: NEVER BARRIENTOS AND FLORENTINO ZEBALLOS ORQUERA - RESPECTIVELY PRESIDENT AND VICEPRESIDENT OF THE BOARD OF THE APG-IG AND OF MR: SANTIAGO BARRIENTOS LÓPEZ REPRESENTATIVE OF THE COUNCIL OF SAGES ON THE FINANCE COMMITTEE" granted before the 2nd Class Public Notary of Entre Rios , Dr. José Luis Sandoval G., dated 3rd December 2010.
By virtue of this Power of Attorney the resolutions of the General Assembly of Mburuvichas of 1st December 2010 concerning the creation of an ordinary management account, the management powers of the Finance Committee and the composition of the Council of Sages are all recorded in a public document.
Our General Assembly of Mburubichas adopted these resolutions and effected these provisions, all of which we ratify and maintain for all effects. Consequently, we declare to the community members of our TCO Itika Guasu and to all third parties that Notarial Power Nš 0182/2010 remains in full force and effect and has not been modified nor revoked by us.
4) To reaffirm that the only lawful Authority of the APG IG, in compliance with its own organic requirements and its uses and customs, is the Board composed of:
- Never Barrientos President
- Florentino Zeballos Orquera Vice President
- Zacarías Cuellar Oanda Head of Finances
- Benildo Vaca Head of Projects
- Ángela Tague Manuel Head of Health
- Gregorio Barrientos Camacho Head of Education
- Fernando Cuellar Oanda Head of Production
5) To advise that any person and/or institution which, acting in good faith, recognises and/or validates any other persons as substitutes for the above-mentioned individuals is the victim of fraud, as this is a matter of the usurping of powers which seeks to destroy the APG IG and is therefore a criminal offence pursuant to legislation as well as being a serious breach of original indigenous jurisdiction, indigenous law and Art.122 of the CPE which provides "The acts of any person who usurps powers not within his competency are null and void as are acts of those who exercise jurisdiction or power which is not pursuant to the law"
6) To instruct the members of the Board referred to in paragraph 4) above to take all appropriate measures within their rights in all necessary jurisdictions and before all relevant authorities to ensure that the ordinary courts immediately issue a decision or judgement confirming the nullity of the Notarial Statement Nš 0188/2014, dated 12th August 2014, given before Dr. José Luis Sandoval Gareca, the 2nd Class Public Notary Nš1 of the Judicial Centre of Entre Rios, Tarija; such a decision would hence constitute a recognition of and cooperation with our original indigenous jurisdiction.
7) To ratify the submission of the brief dated 25th September 2014 before the Supervisory Authority of the Financial System [Autoridad de Supervisión del Sistema Financiero (ASFI)], which denounced the illegality of and the resultant nullity of the Notarial Statement Nš 0188/2014, dated 12th August 2014, given before Dr. José Luis Sandoval Gareca, the 2nd Class Public Notary Nš1 of the Judicial Centre of Entre Rios, Tarija, in view of the fact that the same was forged and prepared in absolute violation of our uses and customs, and of our statue and of the decisions of our Original Indigenous Jurisdiction and is furthermore based on a false resolution produced by a false authority.
8) To instruct the members of the Board referred to in paragraph 4) above to take all necessary measures within their rights, in other jurisdictions and before all necessary authorities, to ascertain the responsibilities of the persons involved in this criminal association whose ultimate aim is the destruction of the APG IG and the looting of its funds and assets.
9) To instruct the members of the Board referred to in paragraph 4) above to commence the appropriate actions before the Directorate of Plurinational Notaries with a view to carrying out an investigation and ascertaining the responsibilities of the 2nd Class Public Notary of Entre Rios, Dr. José Luis Sandoval, who is irrefutably aware of the above mentioned resolutions of sanction, given that the APG IG made use of his services as a public official in 2012 to notify the sanctioned individuals of those resolutions by means of a notarized letter; thus the decisions taken by the authorities of our jurisdiction were a matter of knowledge by the said notary, and yet have disregarded in his recent conduct, notwithstanding the requirements of articles 34 et ss, contained in Chapter II "Notarial Services in the Indigenous and Campesino area" of Law No. 483, dated 25th January 2014, applicable to this issue.
10) To warn those involved in these illegal actions that they will also be liable in civil law for the damages that arise from the loss of life due to the paralysing of our health programme caused by their conduct which liability will continue until access to the funds of the Itika Guasu Fund is restored to the lawfully authorised members of the APG IG.
11) To publicise all information concerning the development, scope and results obtained hitherto in the programmes of health, education, infant nutrition and agricultural production of the APG IG, in particular of the fact that in barely three years our communities have gone from a situation of hunger to one of excess in the production of maize, which situation implies significant advance in nutritional security, all due to the efficient management of the members of our Board.
12) To ratify all the terms and conditions of the "Agreement of Friendship and Co-operation between the Assembly of the Guaraní People of Itika Guasu and Repsol YPF E&P Bolivia S.A.", approved by the General Assembly of our organization on 1st December 2010 and signed by both parties as a public document before a Notary on 29th December 2010.
13) To ratify all the decisions of the Extraordinary General Assemblies of Mburuvichas dated 28th March, 2014, 19th May 2014 and 29-30th May 2014, all of which were duly set out in the respective minutes and have been recorded in a public instrument by virtue of Statement Nš 1352/014, dated 22nd September 2014.
14) To ratify all the sanctions issued by the APG IG against those persons involved in this illegal conduct in violation of our uses and customs and of the decisions in our Original Indigenous Jurisdiction, specifically:
- Notarised letter to Hugo and Rene Arevayo notifying them of the sanction issued against them pursuant to uses and customs in indigenous jurisdiction of the TCO Itika Guasu. Resolution of 5th October 2012.
- Resolution to issue a sanction pursuant to uses and customs against Eloy Novillo, Juan Arebayo, Felipe Maire Sossa and Guillermo Arce Segundo, dated 20th March 2014
- Certificate of sanction in perpetuity issued by the APG IG on 24th April 2014 in the case of Felipe Maire
- Certificate of the Board concerning the sanction issued against Rene and Anastacio Arebayo, Assembly of the Guarani People of Itika Guasu, dated 24th April 2014
- Resolution to issue a sanction pursuant to original indigenous jurisdiction against Rene and Anastacio Arebayo, employed as experts by Walter Ferrufino, dated 20th March 2014
- Resolution to issue a sanction pursuant to uses and customs in indigenous jurisdiction of the TCO Itika Guasu against Anastasio Arebayo, dated 5th October 2012
15) To notify the Supervisory Authority of the Financial System (ASFI) of this Resolution for all relevant purposes and as a complement to the memorandum already submitted.
16) To notify this Resolution to:
- The President of the Plurinational State of Bolivia, Evo Morales Ayma
- The Minister of Hydrocarbons and Energy, Juan José Hernando Sosa Soruco
- The Mayor of the Municipality of Entre Ríos, Teodoro Suruguay
- The State Public Prosecutor's Office
- The Public Prosecutor's Office of the Department of Tarija
- The police and judicial authorities and the authorities of the Public Ministry of Entre Rios, Province of O'Connor
- To the relevant financial institutions
- To the Council of Plurinational Notaries ("Consejo del Notariado Plurinacional") and to the interim Director of the Directorate of Plurinational Notaries, Dra. Ana María Pérez Rodríguez
17) To publish the present Resolution with a view to avoiding any possible fraud, losses or damages to the intermediary financial institutions and to third parties who might be in good faith deceived by the illegal acts set out above and which this General Assembly of Mburuvichas repudiates.
All items on the agenda having been considered by the Extraordinary General Assembly held at the headquarters of the APG IG in Guaye, this 26th day of September 2014, the meeting was adjourned at 15.23 hours, and this document was executed by the President, Never Barrientos, the Secretary of the Board nominated by this Assembly, Ricardo Gareca and by all the Mburuvichas present as evidence of their agreement herewith.
Signed by the Board of the APG IG and all the Mburuvichas present.
Facsimiles of the resolution
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DDHH en Bolivia
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