The Kaxapayiñ community, with the support of the Mapuche Confederation of the Neuquén, presented an administrative appeal against Decree 276/2024 of Governor Rolando Figueroa, in defense of its ancestral territory. The provincial measure seeks to grant new concessions for hydraulic fracture (fracking) in its land, ignoring the fundamental right to prior, free and informed consultation.
The LOF Kaxopayiñ argues that the decree is illegal for several reasons. There is absence of consultation, despite the fact that the territory is formally recognized by the INAI, the provincial State itself and the company, the community consultation procedure was omitted. The advance is without consent, since the government authorized the entry of personnel, machinery and the realization of works in the Isthmus of Lagos Mari Menuco and the Barrioles, a sensitive area of Vaca Muerta, without the endorsement of the community.
They also ensure that the provincial decision violates constitutional principles, Convention 169 of the ILO, and neuquin laws such as Law 3401 and its Regulatory Decree 108/2023. And they add that formal orders for access to environmental information by the LOF were neglected.
The Mapuche community underlines that its demand does not seek privileges, but the simple compliance with the laws already established by the Neuquino State. “What we demand is nothing other than the fulfillment of the laws of the Neuquino State. We do not ask for privileges: we ask for legality,” emphasize from the LOF Kaxopayiñ.
Faced with the accusations of certain media that indicate them as responsible for “putting at risk Vaca Muerta”, the community replies that the true “legal insecurity” for investors lies in the issuance of acts with serious vices of nullity. A State that breaches its own legal framework, they affirm, cannot generate confidence or social stability.
In this context, the LOF Kaxapayiñ has formulated clear demands:
*The absolute nullity of Decree 276/2024, considering it illegal and unconstitutional, and its immediate revocation.
*The total suspension of any activity in the community territory.
*The beginning of the prior consultation procedure, as required by Law 3401, a regulation that, as reported, is not yet applied in any concession.
The community’s statement concludes with a message of resistance: “The territory is not delivered! The wajmapu defends itself with dignity, memory and struggle. The provincial government must respect the rights of the Mapuche people!
Source: www.laizquierdadiario.com
