Key Benefits:
Bs. as 12/11/92
Seen the record of the MINISTERY OF ECONOMY AND OBRA AND PUBLIC SERVICES No. 030-000378/92 and Law No. 23,302, and
CONSIDERING:
Article 1 of the above-mentioned Act states of national interest the care and support of Aboriginals and indigenous societies and communities in the country, as well as their defence and development for their full participation in the nation ' s socio-economic and cultural process, respecting their own values and livelihoods.
That article also provides that in order to complete what is stated in the above consideration, it is appropriate to implement plans that enable Aboriginals to access to land and promote agricultural, forestry, mining, industrial or artisanal production in any of their specializations, including as a primary objective the preservation of their cultural patterns in the education plans and the protection of the health of their members.
That these objectives can only be carried out in part if the access of Aboriginals and their communities to the definitive ownership of the land in which they live is not achieved, especially when such occupation is traditional and historical.
That according to the information reported by the ex-intervention of the AZUCARARY COMPANY THE S.A.I.C.A. (IN LIQUIDATION) tax land is available for approximately DOS MIL TRESCIENTAS HECTÁREAS (2,300 hectares), located in the BERMEJO DEPARTMENT, province of CHACO and which belong to the NATIONAL STATE.
That the lands mentioned in the previous consideration were part of the totality of the real estate owned by the EMPRESA THE PALMAS OF THE AUSTRAL SOCIEDAD ANÓNIMA, which were declared of public utility and subject to expropriation by Law 19.047.
That the aforementioned expropriation was carried out by means of a CARATULADO file "NATIONAL STATE C/ S.A. PALMAS S/ EXPROPIATION" in front of JUZGADO DE FIRST INSTANCE IN THE FEDERAL CIVIL AND COMMERCIAL N 3, SECRETARIAN 5 OF FEDERAL CAPITAL.
That the indigenous communities living in the aforementioned area have requested the transfer of properties by the NATIONAL STATE, in order to achieve, through access to land ownership, the definitive refinement that by tradition corresponds to them, by committing themselves to fostering in the region agriculture, livestock, fishing, apculture, as well as the conservation of forest species and the development of their traditional and cultural activities.
That article 5 of chapter III of the aforementioned law creates the NATIONAL INSTITUTE OF INDIGENOUS MATTERS, which is the implementing agency of that Law, being empowered to develop and implement plans for the award and exploitation of land.
That Chapter IV of the same law, in which it deals with the transfer of land to Aboriginals and indigenous communities, states that the award of property to such communities, of tax lands belonging to the NATIONAL, Provincial, Municipal State and even to individuals through the expropriation system and that such award shall be made by the NATIONAL EXECUTIVE PODER on a free basis.
That in accordance with the above-mentioned legal norms and the above-mentioned considerations it is appropriate to proceed to the free award to the indigenous communities of the BERMEJO department, Province of CHACO of the tax properties listed in section I, section C, which total approximately a total of DOS MIL TRESCIENTAS HECTÁREAS (2,300 hectares) and which are detailed in Annex I to this Decree.
Without prejudice to the fact that it has not yet been perfected the registration of the properties in a timely manner expropriated by the NATIONAL STATE to the EMPRESS OF THE AUSTRAL SOCIEDAD ANÓNIMA, this circumstance does not prevent the assignment that is carried out through the present decree, since it is an inter-administrative transfer between public bodies the definitive registration of the properties can be resolved through the abbreviated tract system when the award to the aforementioned indigenous communities is improved.
That while the aforementioned transfer is carried out in compliance with a law of the HONORABLE CONGRESS OF NATION it should be emphasized that its materialization imports a historical reparation in safeguarding indigenous rights, as well as a revaluation of its culture and participation in the social development of the nation.
On the occasion of the award, it is appropriate to proceed to implement and implement a settlement plan in the lands involved, providing for the participation of the communities benefited and of the national agencies with specific competence in the matter and the provincial or private bodies that are invited to that effect.
That the powers for the dictation of this measure emanate from the provisions of Law 23.302 and Article 86(1) of the National Constitution.
That's why
THE PRESIDENT OF THE ARGENTINA DECRETA NATION:
Article 1 Disposable the transfer to the NATIONAL INSTITUTE OF INDIGENOUS MATTERS for their subsequent free adjudication to the INDIGENOUS COMMUNICATIONS of the department of BERMEJO of the Province of the CHACO of the NATIONAL STATE properties administered by the AZUCARERA S.A.I.C.A. (IN LIQUIDATION) detailed in Annex I to this Decree. Art.2°- The lands transferred in the preceding article shall be destined for the final settlement of the aforementioned INDIGENOUS COMUNITIES and shall be distributed equally to the members of the said NHRIs, subjecting the ownership of the land to the provisions contained in chapter IV of Law 23.302. Art. 3°- The final settlement plan and the determination of the distribution criteria shall be carried out through the NATIONAL INSTITUTE OF INDIGENOUS MATTERS, which is entitled to convene the competent national and provincial bodies, as well as those concerned, in order to fill the above provisions. Art.4°- The STATAL INMUEBLES COMMISSION, in its capacity as a liquidator of the AZUCAR COMPANY, PALMAS S.A.I.C.A. and the NATIONAL INSTITUTE OF INDIGENOUS ASKES, shall arbitrate the measures leading to the effect of the definitive registration of the properties that are transferred according to the provisions of Article 1 of this Decree. Art.5°- Contact, post, go to the national address of the official registration and archvese.- MENEN- Domingo F. Cavallo.Annex I
DETERMINATION OF THE INMUEBLES OF THE NATIONAL STATE ARGENTINE TO TRANSFER TO THE NATIONAL INSTITUTE OF INDIGENOUS MATTERS FOR ITS ADJUDICATION TO INDIGENOUS COMMUNITIES OF BERMEJO DEPARTMENT PROVINCIPLE OF CHACO MATRICULA : Royal Brochure No.142 From the BERMEJO department CHACO (partial). CATASTRAL: BERMEJO Department, CHACO Province, constituency I, section c. RURAL LOTS: TOTAL: lots No. 1,2,3,4,5,6,7,8,11,12,14,15,16,18,19,20,21,22,25,26,27,28 and 35. IN PARCIAL FORMAnortheast, northeast, northeast, northeast, northwest, northwest, northwest, northwest, northwest, northwest, northwest, northwest, northwest, northwest, northwest, northwest, southwest, north TOTAL LIMITS:AL ESTE: Part of Route 11- Complementary A (provincial Route No. 1) between the towns of La Leonesa (South) and Riacho Quia (north)
AL SUR: Access route to Las Palmas- La Leonesa, Part of the Rural Lots Chacras 23 and 24 and Ejido Municipal de La Leonesa.
AL OESTE: Part of the Rural Lot .Chacra 105.
AL NORTE AND NORESTE: Natural limit with Riacho Quia.
SUPERFICIE APROXIMADA: DOS MIL TRESCIENTAS HECTÁREAS (2300 hectares).