On 7th August, President Cristina Fernández de Kirchner inaugurated the Complejo Bilingüe Intercultural Consejo Nam Qom via videoconference, a bilingual Spanish-Qom school located in Pampas del Indio, a town 200km north of Resistencia, the capital of Chaco.

Qom is a language from the  guaycurú  family spoken by the Toba (or Qom) indigenous people who currently total an estimated 70,000 in Argentina and reside mainly in Formosa and Chaco provinces.

The educational complex was inaugurated via videoconference. (Photo courtesy of Chaco province)

The complex, which will house all three levels of education, from primary to tertiary, will be administered by the indigenous Qompi Council, in what they have called a system of ‘social indigenous administration’

The Minister of Education of Chaco, Francisco Romero, stated that having teachers that are fluent in the language will enable a more pedagogical structure for learning in the Qom language. For this reason, he explains that half the teachers will be indigenous, providing a more holistic approach to the learning process, that goes beyond just teaching the language. The school hopes to incorporate teachers that also are educated in the cultural practices of their ancestors.

The school’s principal, Miguel García, believes that the participation of the Qompi Council “will guarantee the educational integration of the indigenous peoples.”

The issue of disappearing indigenous languages is a growing concern internationally, and many wonder what kind of impact this will have in future generations as centuries of accumulated knowledge and wisdom could disappear with them. In that respect, the inauguration of the bilingual Qom school is Argentina’s first step towards protecting cultural history that could eventually be on the brink of survival.

Bigger Cities, Fewer Languages

With a population of seven billion, the world speaks an estimated 6,909 languages. The Linguistic Society of America (LSA), however, estimates that “80% of the world’s languages may vanish within the next century.”

And, according to the LSA, “when a community loses its language, it often loses a great deal of its cultural identity at the same time.”

The process of globalisation has brought with it a movement towards homogenising languages taught in schools, in an attempt to ease the incorporation of future adults into the global labour market. People are choosing to learn global languages like English, Spanish, and Mandarin in order to better navigate the world in which we live today. Currently, there are an estimated 328 million people with English as their first language and 845 million who primarily speak Mandarin.

As well, technology and greater ease of travel have decreased the gap between cultures. What is positive in terms of sharing information and easing cross-cultural understanding, can be devastating on a micro-cultural level. The problem is that smaller cultures are not usually protected or encouraged to thrive in such a large bowl of more dominant languages and cultures.

In the so-called ‘new world’, colonisation has been a massive historical factor in explaining the loss of indigenous languages too, as many of the original inhabitants of the lands who were not killed had to learn the coloniser’s tongue.

The Argentine Case

According to Ethnologue, an online database of language statistics, there are currently 473 languages that are on the verge of extinction, some within Argentina.

This is a very different panorama to the one 500 years ago when the Spanish first arrived, when there were 35 languages thriving in the territory that is now Argentina. Today, according to the United Nations, there are just 15, and two of them, Tehuelche and Chaná, are critically endangered – meaning only the eldest members of the community understand and speak the language.

The Qom language is not yet under threat. Currently, the Toba represent nearly 11.5% of the indigenous population of Argentina, and statistics from the National Institute of Indigenous Affairs show that around 60% of them can still speak and/or understand the Qom language. However, with each generation, fewer youths learn to speak the language as their communities are increasingly integrated into the Spanish-speaking world.

A Toba settlement near Resistencia in Chaco Province (Photo: Kate Stanworth)

Immigration from communities in rural areas to urban centres contributes greatly to this integration and interaction with Spanish-speakers. Whilst the vast majority of the Toba people live in rural settings in Chaco and Formosa, and some in the urban area of Greater Resistencia, they have not been immune to migration trends. An estimated 14,000 Toba have left the North East, one of the poorest areas in the country, and now live in the city of Buenos Aires and its surroundings.

As the need for knowledge of the Spanish language increases, it is hoped that the newly-inaugurated school in Chaco will encourage the preservation of cultural practices that could be lost down the line.

Programmes on integrating indigenous languages into the mainstream education system have already been started in other parts of the world, like New Zealand and Canada. Although the positive effects have so far only shown to be short-term, there is still hope that they will continue into the future. These revitalisation programmes, much like the bilingual school in Chaco, are an effort to reconnect generations in order to show the value in preserving the communities’ indigenous languages.

Back to School

The Complejo Bilingüe Intercultural Consejo Nam Qom has 12 classrooms and two additional rooms for technical education, spans 4,000m2, and can accommodate up to 900 students in three shifts. It will not only educate children, as it also includes a high school for adults, a vocational degree in nursing, and diplomas in Indigenous Social Communication and Indigenous Education.

The land the school is on was donated by two older residents and the Artists for Solidarity Foundation, and the provincial and national governments granted $18bn from the Solidarity Fund, generated from the taxes on soy exports.

Officials are hopeful for what the opening of the largest institute in Latin America to offer classes in an indigenous language could mean for the future.

Children in a Toba settlement near Resistencia in Chaco Province (Photo: Kate Stanworth)

Access to formal education respectful of the tobas’ tradition will provide a foundation for education that could help break the cycle of poverty that exists in the country’s north. It may help integrate the community and diminish the “social distance” between the ‘micro’ and ‘mega’ cultures.

The school may also provide bilingual speakers that could help others integrate, by providing translators and bilingual counsellors to those having difficulty adjusting to a fast-changing world. The possibility of bilingual outreach programs into city establishments, like the Derqui community, is a distinct possibility, hopefully a plausible one.

However, these are still speculations. As the new school begins to operate, the results will hopefully start to be seen and felt by the community soon.

Click here to find out what Argentines think about the role of the state in preserving indigenous culture.

For thousands of years previous to the European exploration, natives lived and prospered here in South America. But after decades of slaughter and integration, many parts of different indigenous cultures are being lost or forgotten. The very fabric on which an entire population is based is slowly being pulled out from under their feet.

However, the national government is willing to halt that decay by establishing the first ever bilingual school in Chaco where the students will learn both Spanish and their native language Qom. The hope is that through education students will be able to educate and eventually employ themselves while still maintaining a piece of their heritage. Similar instances have been tried in various countries, like the Maori people in New Zealand, and have been very successful. With the proper teachers and some government support, an entire generation will live on to pass down their culture and hopefully in turn send their children to the same school.

The Argentina Independent visited some of the parks in Buenos Aires to find out what people think about the government’s role in maintaining the language and culture of its indigenous peoples.

Paula Judkin, 42, Professor of Marketing, Palermo

I think it is a good idea. I like that the government is interested and active in maintaining the culture of the original people of the country. The indigenous people form an intricate part in our history and it would be a shame to lose any of that knowledge. The truth is there is not a lot of information or respect for native people here in Argentina. Schools have classes about indigenous people but it is not enough, it is very late in the education system. I think the natives have a right to learn both their language and Spanish. They should be able to preserve their language but I also think they need Spanish. I think it would be impossible to live and work in most parts of the country without knowing Spanish. I also think tourism is a great way to teach people here in Buenos Aires about the indigenous people in the interior of the country. People should be able to travel and learn about the different cultures that come with the different parts of our country.

Bessard Lynne Circee, 20, Occupational Therapy Student, Balvanera

I think this is very good because the indigenous people of Argentina were the first people to live here. They were here before Europe decided to explore, so technically this is their land that we live on. It is also good for children today to help teach them the history of the natives of Argentina. The school will help educate the people about the Qom language and the culture that comes with that language’s history. I also don’t think the cost is too much because it is the cost of education. This is going to help people understand, I think it will be very good and that school is the best way to do this. I don’t see anything in the near future that could overtake school as the best way to educate a country about its indigenous people. School is good because you start at a young age and by doing so you create a knowledge and respect of certain aspects of society like the natives and their culture.

Gabriel Rozengzeir, 44, Professor, Palermo 

 I think the school is great because I think indigenous populations should have the right to have their own language. They should be able to learn their original language in a school and should be able to use that language everyday. Maintaining the culture of the indigenous people is very important also. They were the first people here and right now I think they have the worst education across Argentina. At least the worst access to education in a cultural perspective. I also think using the taxes is a good idea to raise money for the cost of building the school. The most important thing is to educate the indigenous people about maintaining their land, their language, and their culture but it is difficult. How do you educate them about their financial problems? How do you decide what to educate them about and what not to? They must also learn their rights but it is difficult.

Agostina Lanzone, 21, Music Student, Palermo

I think this is a good idea because they should be able to speak in their own language. However, I also think they will need knowledge of Spanish because it is the official language of Argentina. It is fantastic that the government is willing to spend time and money on preserving the culture of the natives of the country. I think it should be a right of everyone that the government try to maintain his or her culture, not just Qom in Chaco but elsewhere in the country as well. I think here there are people who know about the different cultures and people who don’t know, it depends on the situation but most people don’t know. I think though that this kind of education should be in every school in Argentina, not just in Chaco.

Joaquín Bondoni, 22, Musician, Palermo

For me, yes, I think it is important to support the correct culture, and by that I mean the culture that applies to the people who are living in a certain area. The indigenous are people as much people as you and I are. They were the original inhabitants of this land. It is ironic because now we come and take their natural resources and pretend like they have no right to argue. It is also important to maintain their culture because if we integrate their children too much that culture could be lost for the future generations. I think the best way of maintaining that culture is through education. We need to create a respect for these people, we need to respect them and their land like visitors coming into a foreign country because really that’s what it is. Not everyone here is white. Anyone who’s travelled will know about the different cultures in Argentina but the people who stay in certain areas only learn from online, the internet; we are lacking that education in schools in general.

Felix Díaz, the indigenous leader of La Primavera Qom community in Formosa, was yesterday hit by a black 4×4 whilst riding his motorbike in what appears to have been a pre-meditated attack. The truck fled the scene before gendarmes were able to detain the driver.

Díaz survived the incident, which happened on Ruta 86, a few kilometres from his home in Laguna Blanca, but is currently in intensive care at the hospital in Laguna Blanca.

Speaking to the Red Latina Sin Fronteras about the attack, Díaz said: “It wasn’t an accident. It was because of our territorial claim. In Formosa it is common that those who demand their rights are killed. The governor and national government are responsible.”

It is alleged the truck belonged to the Celía family, a powerful land-owning family who are friends with Formosa governor Gildo Insfrán, and have been involved in the appropriation of territories the Qom community lay claim to. The family are alleged to have already been involved in violent episodes involving the community since the territorial dispute began in 2010.

The dispute hit a violent crescendo on 23rd November 2010 after four months of protesting the construction of a university on their ancestral lands, community members were violently removed by police and armed civilians. The incident resulted in the death of Qom community member Roberto López and policeman Heber Falcón. Police also burned the community’s makeshift homes, and took their belongings and identification cards.

Led by Díaz, the Qom brought their struggle to Buenos Aires, where they camped out on 9 de Julio and Av. de Mayo for months, bringing their territorial claim onto the public’s agenda.

A hearing into the territorial claim of an indigenous group took place on Wednesday in the Supreme Court. The long-standing land dispute has come to court after the provincial government usurped members of the Qom community in Formosa, northern Argentina, in 2010.

Community leader, Félix Díaz, represented the Qom people and their ownership claim to 609 acres of ancestral land. Public defender, Julián Langevín, asked that the court “recognise the rights of the Qom community,” while the Centre of Legal and Social Studies (CELS) asked the high court to end “abuses of the usurpers of the land.”

A minister from Formosa, the president of National Institute of Indigenous Issues (INAI), and the Rector of the University of Fermosa were also questioned.

The Qom indigenous group, La Primavera, is a tribe of around 5000 people from the impoverished province of Formosa. The community came into the public eye last year after a five-month encampment at the cross section of 9 de Julio and Av. De Mayo, and a seven-day hunger strike.

In the encampment they were demanding basic indigenous rights, after police brutally supressed a roadblock held by the Qom in Formosa. One member of the Qom community and one policeman died during the incident which was over an on going land dispute.

The clash started when the provincial government of Formosa had tried to evict the indigenous tribe in order to build a university on their land. The Qom put a roadblock in protest to the usurpation of land, lasting 4 months. After a judge ordered the tribe members to leave, despite their official right to the land, the police repressed the demonstrators by burning their temporary houses and belongings.

These acts of suppression motivated members of La Primavera to move their plight to the capital and set up the encampment. In May of last year, leader Félix Díaz finally met with officials from the Interior Ministry, the Secretary of Human Rights, and the president of the National Institute Against Discrimination, Xenophobia and Racism (INADI). The meeting resulted in the construction of a ‘Table of Dialogue’.

Nísio Gomes, a Guaraní chief shot dead by gunmen (Photo courtesy of Survival)

Just days after losing their chief and spiritual leader in a deadly attack, members of the Kaiowa Guaraní tribe entrenched themselves in a makeshift camp on their ancestral territory now used for cattle ranching, vowing to uphold the last words of their lost leader.

“Take care of this land,” the 59-year-old chief Nísio Gomes reportedly said, before being shot multiple times by hooded gunmen and dragged away to a truck.

The Kaiowa, from the Mato Grosso do Sul state in south-eastern Brazil, is just one Latin American tribe that has had its land stripped away on the agricultural frontier. The challenge of protecting native groups is growing as food production escalates across the region.

In Argentina last month, security guards allegedly killed Cristian Ferreyra, 23, a leader in the Lule Vilela indigenous community in the province of Santiago del Estero. The tribe is fighting to keep ancestral land under threat from deforestation for soya farming.

Though not all murders are linked to land disputes, tension arises as farmers and ranchers seek to extend holdings for agricultural production, often contracting private security companies to intimidate indigenous communities that are defending their constitutional right to ancestral land, experts say.

Pushed off their land and frustrated with government inaction, tribes return to occupy what was once exclusively theirs, creating strife within the community and with encroaching businesses.

Evictions from their lands for biofuels and cattle ranching has forced the Guaraní to live on the roadside. (Photo courtesy of Sarah Shenker / Survival International)

Scenes of Conflict

The Kaiowa had been living in spare roadside homes as they waited for Brazil’s Indigenous Affairs Agency, FUNAI, to complete a survey demarcating the land to be returned to the Guaraní by April, 2010, according to Sarah Shenker, a campaigner at Survival International, an NGO dedicated to worldwide tribal rights.

After FUNAI failed to finish the survey, several Kaiowa returned to their land in early November, where they were met with threats from ranchers now on the territory.

According to eyewitnesses, on 18th November, some 40 armed men burst into the Kaiowa camp, surrounded Gomez, and shot him in front of his community. Two adolescents and a boy were also reported missing after the raid. FUNAI and federal police are investigating the incident.

The Guaraní, with a population of roughly 46,000 in Brazil, are under constant threat in the Mato Grosso do Sul state. A traditionally nomadic tribe, they are forced to live in relative confinement, experience a high suicide rate, and are malnourished, according to Schenker.

Brazil’s minister of human rights, Maria do Rosário, called Mato Grosso do Sul “one of the worst scenes of conflict between indigenous people and ranchers in the country”, and pledged material support for the communities.

Meanwhile, provincial authorities in Argentina have taken five men into custody, including the soya businessman José Ciccioli, in connection with the death of Cristian Ferreyra. Ciccioli allegedly hired three other men to carry out the crime.

The territory in Santiago del Estero is being deforested as soya farming balloons across the province: In 1995, soya cultivation in the province was a mere 94,000 hectares. Today the number is over 1.1m, according to statistics from the Ministry of Agriculture.

“Indigenous land is rich in natural resources, for agriculture but also for mining,” says Mariela Flores, a consultant with Argentina’s Secretariat for Human Rights and a representative of the Diaguita community in Tucumán.

Protest march against the death of Cristian Ferreyra organized by MOCASE, Movimiento Evita, Partido Obrero, Frente Darío Santillán and Quebracho

Land Pressures

Just as some communities are beginning to gain political recognition and reclaim territory, new agricultural production and land prices are soaring, making conflicts more intense, she says.

But the recent attacks are not new or isolated incidents. Hundreds of ongoing clashes and the prospect of ramped up agricultural production to meet booming global food demand likely means continued pressure on indigenous groups in Latin America.

Worldwide cultivable land is expected to expand by 5% – or 70m hectares – by 2050. Production will decline in developed countries and expand greatly in developing countries, especially sub-Saharan Africa and Latin America, according to the Food and Agricultural Organization.

In addition, new technology has had an undeniable effect on the outward expansion of farmland. The conversion of Brazil’s Cerrado region – a once unproductive savannah slightly bigger than Mexico – and the use of transgenic crops and precision agronomy have allowed planting in areas not previously thought possible.

And while the new contours of the global economy put pressures on land, political powers often do little to relieve them.

The recognition of indigenous territory requires an agreement between the communal, provincial, and national authorities, says Flores, “which is complicated, because provincial governments tend to be feudal, favouring business interests and providing little representation for native communities.”

The constitutions of both Brazil and Argentina, as well as international statutes from the United Nations and the International Labour Organization, affirm the right of indigenous tribes to their native soil.

QOM camping on 9 de Julio and Av de Mayo protesting their treatment (Photo: Jessie Akin)

However, many tribes, such as the Qom de La Primavera, from the northern Argentine province of Formosa, continue to wait for action from the federal government. Last year, the Qom drew attention by camping at 9 de Julio and Avenida de Mayo – one of the busiest intersections in Buenos Aires – in protest at land usurpations and police repression in their province.

They eventually reached an agreement for access to health care and potable water. But threats against the tribe continue. The son and grandson of Felix Díaz, the Qom’s leader, were shot at last month while walking through their territory. No one was injured.

Cane Cutters

In Mato Grosso do Sul, sugarcane plantations are spreading to meet demand for ethanol-based fuels. The state’s governor, André Puccinelli, claimed in 2008 that “Mato Grosso do Sul will be the biggest producer of ethanol in seven years’ time”.

In 2008, there were 50 new ethanol projects seeking funding in the state, which would occupy roughly 800,000 hectares in coming years, according a report by Survival International.

Guaraní man harvesting cane (Photo courtesy of João Ripper / Survival International)

Many Guaraní end up doing the gruelling work of sugarcane cutters, with a work-life expectancy of just 15 years, according to the report.

“The completion of the survey and land recognition is paramount,” says Egon Heck in a telephone interview from Mato Grosso do Sul. Heck is a coordinator for the Indigenous Pastoral Council (CIMI) in Brazil, a group tied to the Catholic Church in defence of indigenous rights.

The government has been postponing the survey “for decades”, and has received strong opposition from agribusiness groups, he claims, leading to the desperate situation that tribes like the Kaiowa find themselves in.

Similarly, Argentina’s land survey, signed into law in 2006 and to be completed by 2010, was postponed until 2013.

“The killing of Nisio Gomes had surprising repercussions,” says Heck, noting that international media is starting to pay attention. “So hopefully we can raise awareness of the circumstances facing indigenous tribes, and those responsible for violence won’t be met with impunity.”

Today marks one year since the brutal repression of a peaceful roadblock by the indigenous Qom community, La Primavera, in the province of Formosa. On 23rd November 2010 after four months of protesting the construction of a university on their ancestral lands, community members were violently removed by police and armed civilians. The incident resulted in the death of Qom community member Roberto López and policeman Heber Falcón. Police also burned the community’s makeshift homes, and took their belongings and identification cards.

From there La Primavera decided to take the struggle to the capital, and installed an encampment at 9 de Julio and Av. de Mayo that lasted for five months and included a seven-day hunger strike. In May, the community ended the encampment after meetings with the Secretary of Human Rights, officials from the Interior Ministry, and the president of the National Institute Against Discrimination, Xenophobia and Racism (INADI) that resulted in the construction of a ‘Table of Dialogue’ with the national government, the governors of Formosa, and the community in order to settle the territorial dispute.

Despite the promises, there has been little progress since May. The promised ‘Table of Dialogue’ has yet to convene, and members of La Primavera still face threats from local thugs suspected to be tied to Formosa’s governor Gildo Insafrán, who continues to deny there were any acts of repression by the part of the police.

On Monday, leader of the community Felix Diaz held a press conference in the location of the former encampment, reminding the public of the community’s on-going struggles. Accompanied by Nobel Peace Prize Laureate Adolfo Perez Esqivel and members of the Madres de Plaza de Mayo Línea Fundadora, Diaz recounted the past year of the struggle and implored the government to convene talks immediately.

Formosa is a province with one of the starkest income gaps, and home to one of the poorest indigenous populations in the country. The Qom, like many other groups in the region, face grave challenges to their land-based way of life, as encroaching real estate and agricultural sectors prey upon or lay waste to their traditional territory.

Photos by Patricio Guillamón.

Felix Diaz, leader of the community, speaks to the crowd in January 2011.

Flags are held high on 9 de Julio in April, 2011.

Police stand guard on 9 de Julio in November 2011.

A press conference is held at the former encampment at 9 de Julio at Av de Mayo to commemorate a year without real action.

Félix Díaz talks to the crowd at the encampment at 9 de Julio and Avenida de Mayo (Photo: Patricio Guillamón)

On Wednesday 12th January, Félix Díaz, the leader of the indigenous group Qom La Primavera, called on the Argentine government to comply with an agreement to provide essential services to the impoverished community in the northern province of Formosa. Díaz met with national officials on 30th December after violent clashes with provincial authorities, a 20-day encampment in the centre of Buenos Aires, and a seven-day hunger strike.

The deal includes new identifying documents, medical attention, and the “strengthening of security, education, and health promotion” for members of the community. The core dispute, which is territorial, remains unresolved, though negotiators agreed to further discussions in coming weeks.

Claudio Morgado, the director of the National Institute against Discrimination, Xenophobia, and Racism (INADI), said the conflict was starting to unfurl.

“This will be an example case to resolve land-claims problems that might arise over indigenous territory,” said Morgado.

While Díaz recognized the arrival of Medicos del Mundo to attend to the community in Formosa, he emphasized the urgency of compliance with the rest of the agreement, saying, “It’s necessary that the DNIs [National Identification Documents] are done because they are of vital importance.” Many in the community receive assistance from social programmes that require them to present their DNI, many of which were lost in a fire.

“The government of Formosa is doing everything it can to stand in our way,” said Díaz in a press conference. “That’s why we’ve come to the national government to make our claims and ask for protection.”

After camping for 20 days at the intersection of 9 de Julio and Avenida de Mayo, the Qom leader and several others initiated a hunger strike. The strike ended when officials from the Ministry of the Interior agreed to meet with Díaz.

Police meet with the roadblock in Formosa (courtesy of Qom)

Repression in Formosa

On 23rd November, after a peaceful four-month roadblock by members of La Primavera in protest of ancestral land usurpations and the construction of a university, the measure turned violent. Police and armed civilians tried to remove the protestors, resulting in several serious injuries and the death Roberto López, a member of the Qom community, and Heber Falcón, a policeman. Police also burned the temporary roadside homes of the protesters, including belongings and identification.

Homes and possessions burnt to ash (Courtesy of Qom)

Human rights groups have blamed the provincial government of Formosa for mismanaging the conflict, pointing to an order by Judge Raúl Mauriño for the eviction of the Qom from their ancestral lands, recognized but only sometimes protected by Argentine law since 1940.

“What’s happening in Formosa is very grave,” said Gabriela Boada, interim director of Amnesty International Argentina in a press release. “For more than four months the members of the community have asked for clear action. They’re demanding what’s rightfully theirs but instead they suffered a forced eviction, were subjected to institutional violence, and then portrayed as the aggressors.”

The governor of Formosa, Gildo Insfrán, has denied responsibility in the case.

“The Qom community submitted a legal order to stop the construction of the university, which was granted,” said Insfrán in a radio interview. “But once it was stopped, the roadblock continued.”

Insfrán is a poltical ally of President Cristina Fernández de Kirchner. The national government, which has a policy of not repressing social protests, was criticized by human rights groups for its failure to denounce the actions of the Formosa provincial government and its slowness in providing concrete solutions.

Map of Formosa Province in Argentina (courtesy of Wikipedia)

Origins of the Conflict

The roots of the conflict stretch back several decades to 1940, when the Argentine national government recognized, by decree, the ancestral lands of the Qom La Primavera in Formosa. At the time, part of the land was used for ranching by the Celia family, from Paraguay, whose claim, supposedly from 1939, is undocumented. In 1951, the Parque Nacional Río Pilcomayo was created on Qom territory, barring access to vital resources and fishing grounds.

In 1978 the military government evicted all non-indigenous from the ancestral land except the Celias, ceding a parcel of national territory to the Qom as compensation for allowing the Celias to stay. In 2007, the Celia property was divided amongst descendants, a fraction of which was sold for the construction of a university facility.

In addition to the 1,356 hectares currently in the hands of the Celia family, the Qom La Primavera are claiming a part of the land occupied by the national park, which includes the fraction of land given as compensation.

“All of what the community La Primavera is claiming is founded in national and international law,” said an anthropologist familiar with the case who wished to remain anonymous because of ongoing disputes. “There are multiple layers of legal protection for them.”

Article 75 of the Argentine constitution recognizes the “ethnic and cultural preexistence of Argentine indigenous communities”, including their right to possess the “land they traditionally occupy.” International norms include Convention 169 of the International Labour Organization and the United Nations’ Declaration on the Rights of Indigenous Peoples.

But sometimes this legal protection is weak in practice because it doesn’t consider cultural traditions. Gramaco Pablo Jesús, from Santiago del Estero, came to Buenos Aires to demand titles for his community’s land, which he claims is protected by the ley veinteañal, or twenty-year law. From Argentina’s civil code, the law says that the uninterrupted and peaceful occupier of land for 20 years can claim possession of the land.

“But they tell us there must be fences and brick houses,” said Pablo Jesús. “We don’t use fences. And our houses are made of adobe.”

Argentine indigenous peoples are typically the poorest in the country, living primarily in isolated rural areas or in urban shantytowns. Since the 16th century, indigenous communities were systematically exterminated by Spanish colonizers, and later by the Argentine government’s push for territorial expansion, including General Julio Argentino Roca’s infamous Conquista del Desierto. A 2004 survey by the national statistics bureau estimates an indigenous population of 600,329 people, roughly 1.5% of Argentina’s total population.

The Kirchner government in recent years has passed several measures to protect the rights of indigenous communities, including law 26.160, which empowers the National Institute of Indigenous Affairs to carry out a cadastral survey of indigenous land in order to determine ownership. But the economic interests of the provinces, usually agriculture and mining, often take precedence over the laws. New measures are also slow to be implemented: Law 26.160, which prohibits evictions, was sanctioned in 2006, but after delays in collecting information for the survey, in 2009 the original four-year timeframe was extended. The report findings have still not been published.

Lead image courtesy of Qom community.