In Chubut province, a formal complaint has been filed against the president of the Institute of Colonization and Development (IAC), Horacio Massacese, for the alleged crime of abuse of authority. The complaint concerns the "scandalous delivery" of lands by the state to a former football player, Aldo Duscher, which is described as a fraudulent scheme against the Mapuche community in Gualjaina. The official acknowledged that the IAC granted Bernardo Quiñihual a "prior consent" and subsequent authorizations to transfer improvements in favor of former footballer Aldo Duscher, under the argument that the land is "provincial state land." Nevertheless, the IAC enabled administrative acts that, according to the complaint, violate the Provincial Constitution, the National Constitution, the State Lands Law, and the block of federal constitutionality that protects indigenous territorial rights. Lawyers representing indigenous positions filed a formal accusation with the General Prosecutor's Office against the president of the IAC, Horacio Massacese, for the alleged crime of abuse of authority. The complaint states that the official irregularly enabled permits and authorizations over lands traditionally occupied by the Mapuche Fentren Kimun community, violating constitutional, provincial norms, and international treaties that safeguard indigenous territorial rights. The conflict in Gualjaina, far from subsiding, once again exposes how the provincial state's land policies clash head-on with the historical rights of the Mapuche communities that have inhabited the territory long before the state's formation. Despite this legal framework, on November 10, 2024, the EQSnotas portal published statements from Massacese himself in an article titled "The IAC on the conflict in Gualjaina: the land is state land, we authorized Duscher, and there was usurpation." For the complainants, this omission constitutes a direct violation of the laws and treaties the official was obligated to uphold in his position. The complaint concludes that the actions of the IAC's head constitute an abuse of authority by issuing resolutions contrary to the constitution and laws, directly affecting the constitutional right to indigenous communal possession. Despite this, the body did not grant mandatory intervention to the Indigenous Lands Commission (CTI), nor did it carry out prior, free, and informed consultation processes, a fundamental requirement established by articles 6, 14, 15, and 18 of Convention 169. In his media intervention, Massacese even stated that there had been "usurpation" by those who historically live in the area, attempting to portray community members as irregular occupants, despite the documented history of ancestral possession. The lawyers demanded the immediate opening of a criminal investigation and requested that testimony be taken from members of the Fentren Kimun Community, including its werken and spokesperson, Susana María Martín. They also stated they would denounce the illegal buying and selling of lands. Lawyer Ivanoff recalled in the EQSnotas article that lands traditionally occupied by indigenous communities "have a status comparable to a title" and that no official can advance on them without the intervention of the CTI, nor authorize sales or transfers without the community's participation.
