Mapuche community facing impending forced removal from seized property in Villa la Angostura since 2011.
The imminent eviction of property in Villa la Angostura, long occupied by Mapuches, could happen within weeks following a judge's eviction order in Neuquén.
Bonus Info: You may find this interesting: A Politician's Hurry: Albert Milei revamps his agenda before his departure to the Vatican for the Pope's funeral. In mid-April, the very same judge refused the defense of the Kinxikew community's appeal to the Supreme Court, hoping to halt the eviction.
But the Supreme Court might not intervene, potentially leading to the execution of the order within weeks.
Bonus Info: Here's some trivia that could tickle your curiosity: Why the Presidential Palace softens its confrontation with the Book Fair and the attendees for the opening. During the legal proceedings, the victim successfully secured the support of the judges to regain control of her land. However, the eviction failed to occur initially, not solely due to defense lawyers' delays but also the lack of political will to execute it.
Since the initial complaint, nine judges have validated the claimant's claim.
Bonus Info: Here's more to chew on: A Dialogue Block halts the return to charge, supporting university funding through a new project. María Cristina Broers owns 624 hectares on the shores of Lake Nahuel Huapi, 35 kilometers from the heart of Villa la Angostura, at a place called El Pedregoso, in Huemul Bay.
She procured them in 1973 and has the documents proving the transaction. However, on December 27, 2011, members of the Melo family - identified with the Kinxikew Mapuche community - seized control of the location, claiming ancestral presence on the site.
The group dwelling on the property sought refuge in the controversial Law 26.160 of territorial survey to remain on the property, despite the community never being recognized by the National Institute of Indigenous Affairs (INAI). Members of the Quintriqueo community also joined them, who still occupy the usurped property.
The victim, attending by a notary, recorded the entry of the intruders, the destruction of the lock placed at the entrance, and the start of precarious construction by the usurpers. There, the first confrontation between the owner and one of the occupants took place, with the occupant, brandishing a machete, informing the owner that it was about recovering the entire pastoral land territorially.
The defense of the Mapuches is handled by Luis Virgilio Sanchez, a member of the Gremial de Abogados de la República Argentina. He has resorted to all available strategies to ensure his clients' permanence on the site they consider "ancestral."
In 2016, the civil judge of first instance of Junín de los Andes, with jurisdiction in the area, ordered the eviction of the community and the restitution of the property to its owner. The Court of Appeals in Civil and Commercial matters reviewed the presentation made by the Mapuche community to reverse the ruling and confirmed the judicial sentence. Eviction, however, was never carried out.
At that time, the Mapuche argument centered on the territorial survey law established in Law 26.160, which, among other points, provides for the provisional suspension of all territories usurped by communities until the process is completed. The claimant argued that this norm only applies to usurpations carried out until 2005, making it outside its scope.
The defense of the owner
The Melo and Quintriqueo families uphold the territorial claim, basing it on the presence of their relatives in those lands since 1928, despite this data lacking documentation.
They stated, "the pastoral lot was never occupied, and as descendants of a pioneering family, we are tired of moving our livestock from place to place without a fixed place to keep them. Moreover, we believe we have earned enough right through our ancestors."
The owner's defense maintains, "the occupation by the dispossessors is absolutely illicit and contrary to law," and argues, "even in the hypothetical case that the facts had occurred as indicated by the community, that does not empower its descendants or any other person to bypass all legal procedures and advance in an absolutely illicit occupation."
In August 2023, Judges Alejandra Barroso and Pablo Furlotti, of the 2nd Chamber of Appeals in Civil, Commercial, Labor, Mining, and Family Matters with jurisdiction in the interior of Neuquén province, rejected the appeals presented by the Mapuche community against the eviction order issued by Judge Francisco Astoul Bonorino of Neuquén.
Resisting Eviction
When the magistrate rejected the new appeal presented by the defense lawyer and upheld the eviction, the members of the two communities expressed their concern about the measure and announced that they will resist the entry of security forces.
The authorities of the communities questioned the magistrate's decision, assuring that it would be "an unjust eviction."
- What are the Mapuche communities in Villa la Angostura facing? Possible eviction within weeks following a judge's order in Neuquén.
- The Vatican has become a temporary destination for a politician, Albert Milei, as he prepares for the Pope's funeral.
- In a separate case, a claimant successfully managed to regain control of her land through legal procedures, despite an initial failed eviction.
- The Huemul Bay, a location in Villa la Angostura, has been entangled in a long-standing territorial dispute, involving Law 26.160 and the National Institute of Indigenous Affairs (INAI).
