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SAN CARLOS DE BARILOCHE.- The Federal Chamber of Comodoro Rivadavia endorsed the position of National Parks and the member of the Mapuche community Paillako Futalaufquen Mew Cruz Ernesto Cárdenas would be imminently evicted from the El Maitenal park ranger sectionin the Los Alerces National Park, which has remained usurped since December 2020.
The judges Aldo Suárez and Javier Leal de Ibarra Yesterday they revoked the suspension of the eviction, defined at the end of last November. “Finally, justice ruled in our favor, and this criminal who usurped, set fire and attacked is in the process of being evicted.. However, the process is stuck. Because? Because the Federal Judge of Esquel did not promote the necessary measures, which delays everything indefinitely,” he indicated in his X account. Cristian Larsen, president of National Parks.
And he added: “From Parques we present a document that argues that the eviction is fully enforceable under art. 285 of the CPCCN, which determines that as long as the Court does not accept the complaint, the course of the process will not be suspended. The arguments of this writing were recognized by the Federal Chamber of Comodoro Rivadavia, which gives us free rein to evict. ANDThis case can make history, because a favorable resolution will set a precedent to avoid further encroachments in the National Parks.”.
Last October, the Federal Chamber of Comodoro Rivadavia had ratified the ruling issued in the first instance by the Federal Court of Esquel in August and granted the eviction lawsuit against Cárdenas and Maria Belen Salinasthat in December 2020 they took the El Maitenal section, in the Los Alerces National Park, in the province of Chubut. The seizure of the property had been claimed by the Mapuche community Paillako Futalaufquen Mew.
The judge of Esquel Guido Otranto had suspended the eviction in November, citing the fact that the deadline for filing a complaint due to the denial of the extraordinary appeal had not expired.
From Parques they had specified “the irreparable burden caused by what was decided, damage linked to the protection of the public domain; to the environmental and social impact caused by the defendants’ occupation of the lands of the Los Alerces National Park; affectation of legal security and the urgency of putting an end to the illegitimate acts derived from the illegal occupation of the defendants, and it must be prevented from consolidating and spreading.”
According to the lawsuit filed by the National Parks Administration (APN), the institution hired and trained Cárdenas as a brigade member, who “over time began to have conflicts and demonstrate against the national State, until he decided to resign.”
The National Parks Administration stated that in 2019 the Mapuche community Paillako Futalaufquen Mew, to which Cárdenas and Salinas belong, The occupation of the Arroyo Cascada area was awarded and that later “they expanded the occupation to the former Felidor Salina Population, to the El Maitenal Section and, finally, to the valley of the Rañinto stream.”
A few months ago, Laura Taffetanilawyer for the Paillako case, considered that this is a “quite particular case because many of the members of the Paillako community are children of families called settlers, who settled there before the creation of National Parks, in the 1930s. ″.
Taffetani added that many children of residents of Los Alerces National Park began a process of recovering their Mapuche identity. “The anthropological expertise is made, with Mapuche roots. But that process was very poorly taken by National Parks and those boys’ own classmates. There were situations of intimidation and They were not allowed to hold ceremonies, so they decided to set up the community on the spot.”he explained. He maintained that in recent years there were instances of dialogue, but they did not crystallize into agreements. And, in parallel, the process for the usurpation of the section advanced.”
The Federal Justice determined that “The traditional occupation rights of indigenous peoples do not justify the usurpation of lands, nor the use of illegal means to recover territories.” The judges indicated that the acts of occupation and vandalism are not protected by law and, therefore, do not justify permanence on the land.
In the House ruling known yesterday, the judges warn that Article 2 of Law 26,160 is no longer in force. This is the law that declared an emergency regarding possession and ownership of the lands traditionally occupied by the country’s indigenous communities. Article 2 suspended for the period of the declared emergency, the execution of sentences, procedural or administrative acts, whose purpose is the eviction or vacancy of the lands. In any case, a decree from December 2024 declared the emergency over.
Although there is no defined date for the eviction, Parques trust that “it will be a fact soon.”
