The court of an obscure town in Patagonia, Argentina ordered the Mapuche community-Tehuelche and to clear the 534 acres of land they had settled, the property of "Tierras del Sur Argentina SA Benetton. That decision is in clear contrast to the various sources of law both nationally and internationally.
As to the first, remember that the Argentine Constitution provides in Article. 75, para. 17, which are recognized indigenous rights to possession and ownership of lands traditionally occupied. These rights are confirmed by art. 34 of the Constitution of Chubut province, where were the occupants, who adds that this land is inalienable and can not be fettered intrasmissibili charges.
As for the second, it is worth mentioning Articles. 13 to 19 of the International Labour Organisation Convention No 169 of 1989, also signed by Argentina. They establish the rights of indigenous peoples to the lands they occupy. In particular, pursuant to art. 14, para. 1 of the Convention as soon as quoted: "The rights of ownership and possession over the lands which these populations traditionally occupy shall be recognized," while under Article.
15, para. 1: "They have to be specially safeguarded the rights of popoliinteressati natural resources of their lands. These rights include the right of these peoples to participate in the use, management and conservation of these resources. " The mentioned sources of law do not appear to have been adequately considered by the decision of evacuation.
It 's a very serious fact, it is true that the legal system, both at international and national level tend to appear more and more oriented to guarantee the rights of indigenous peoples, as reported in the book The rights of indigenous peoples who have personally taken care of. It is not only justice but also the desirability of a more environmentally sound utilization of land and their aim to achieve food sovereignty of the people who inhabit them.
In this sense, the theme is really huge in scope and covers not only the tens of millions of indigenous people, but also the millions of peasants are forced into poverty by the town planning and management of the estate for the benefit of corporations everywhere. And Italy, homeland of the multinational in question does not say anything? Obviously not, God forbid, a government that wants to dismantle even timid limits that Article.
41 of the Constitution shall affix to free enterprise is careful not to disturb one of the leaders of the national economic power ...
As to the first, remember that the Argentine Constitution provides in Article. 75, para. 17, which are recognized indigenous rights to possession and ownership of lands traditionally occupied. These rights are confirmed by art. 34 of the Constitution of Chubut province, where were the occupants, who adds that this land is inalienable and can not be fettered intrasmissibili charges.
As for the second, it is worth mentioning Articles. 13 to 19 of the International Labour Organisation Convention No 169 of 1989, also signed by Argentina. They establish the rights of indigenous peoples to the lands they occupy. In particular, pursuant to art. 14, para. 1 of the Convention as soon as quoted: "The rights of ownership and possession over the lands which these populations traditionally occupy shall be recognized," while under Article.
15, para. 1: "They have to be specially safeguarded the rights of popoliinteressati natural resources of their lands. These rights include the right of these peoples to participate in the use, management and conservation of these resources. " The mentioned sources of law do not appear to have been adequately considered by the decision of evacuation.
It 's a very serious fact, it is true that the legal system, both at international and national level tend to appear more and more oriented to guarantee the rights of indigenous peoples, as reported in the book The rights of indigenous peoples who have personally taken care of. It is not only justice but also the desirability of a more environmentally sound utilization of land and their aim to achieve food sovereignty of the people who inhabit them.
In this sense, the theme is really huge in scope and covers not only the tens of millions of indigenous people, but also the millions of peasants are forced into poverty by the town planning and management of the estate for the benefit of corporations everywhere. And Italy, homeland of the multinational in question does not say anything? Obviously not, God forbid, a government that wants to dismantle even timid limits that Article.
41 of the Constitution shall affix to free enterprise is careful not to disturb one of the leaders of the national economic power ...
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