The Civil and Commercial Code of the Nation in its article 18 establishes the rights of indigenous communities, recognizing their right to communal possession and property of the lands traditionally occupied. This is based on article 75, paragraph 17 of the National Constitution.
Convention No. 169 of the ILO, approved by National Law No. 24.071, also supports these rights, emphasizing the protection of property and possession rights of indigenous communities.
National Law No. 26.160 declares an emergency regarding the possession and property of lands occupied by recognized Indigenous Communities, whose legal status is registered in Re.Na.C.I.
Additionally, the current, traditional, and public occupation of the Lof Limay Kurref Community, belonging to the Mapuche People in the province of Mendoza, is recognized. This law prohibits the lands from being transferable, tradable, or liable to encumbrances or foreclosures.
The National Institute of Indigenous Affairs, as the enforcement authority of Law No. 26.160, is responsible for conducting surveys to determine the ownership situation of the lands. These deadlines have been extended through legal instruments.
The National Program for Territorial Survey of Indigenous Communities seeks to survey and demarcate the lands, establishing decentralized and centralized intervention modalities. Within the framework of this program, compliance with the survey in the Lof Suyai Levfv Community has been ordered, generating controversies with the province of Mendoza.
The Province of Mendoza has filed a reconsideration appeal against the resolutions issued by the INAI, alleging a violation of its provincial autonomy and powers, as well as considering certain procedures unconstitutional and lacking participation in the survey process.
The INAI has responded to the legal claims made by the province of Mendoza, reviewing administrative procedures and indicating the reopening of proceedings to analyze in detail the various aspects of the Lof Limay Kurref and Lof Suyai Levfv communities.
This creates a debate scenario between the INAI and the province of Mendoza regarding the rights and procedures related to indigenous communities in the region, seeking to reconcile the protection of these rights with provincial autonomy.
