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lunes, 27 de septiembre de 2021

CHACO Province, Argentina: Indigenous Civil Jury is about to be real

Elizabeth González, leader of the Qom Nation


Chaco province is a pioneer in the world in extending the trial by jury to civil matters. Until now, only criminal cases were included. Argentina highlights a historic step for access to justice.

It is a dream that is about to come true. And that will change reality forever.


One of the meetings of the consultation, March 2020.
The pandemic delayed the process.


Chaco is getting closer to full implementation of an Indigenous trial by jury. An important meeting is scheduled for tomorrow. This meeting is aimed at drafting the set of rules for the consultation of the three Indigenous Peoples of Chaco: Wichí, Qom, and Moqoit. 

The meeting plans to begin at 4:00 p.m. in the House of History and Culture of the Bicentennial of Fontana.


The jury bill in four langauges:
Qom, Wichí, Moqoit and Spanish


As in the criminal jurisdiction, the move towards Indigenous civil jury represents an unprecedented event in Argentina and Latin America (global impact). Although there are countries, such as Bolivia, where the Judiciary foresees a kind of splitting for those who have an indigenous worldview, the Chaco model is integrated into the institutional framework (historical day). 

The Chaco civil jury law has an indisputable world class level, since it simultaneously regulates completely innovative aspects for Argentine civil procedural law:

1) It establishes a civil jury of twelve members, presided over by a judge who will instruct the jury on the law, and a general unanimous verdict. A special verdict may also be rendered. The jury will try class actions, consumer rights collective disputes, tort cases of over half a million pesos and collective environmental and land disputes.

2)  Establishes by law the civil adversarial litigation in a mandatory oral and public trial.

3)  The jury will have gender equality. The jury will be composed of six women and six men.

4)  Indigenous jury:  If the plaintiff and the defendant belong to the Wichí, Moqoit or Qom Indigenous Peoples, the twelve jurors will be of that ethnic group.

5)  Provides both a discovery hearing and a case management hearing. 


2019, discussing the indigenous jury

We present here invitation videos in each official language. The invitation card (PDF) mentions a constitutional requirement: that the consultation is contemplated in Convention 169 of the International Labor Organization ( ACT 24,071). This is important, since on several occasions acts, court decisions and executive orders were drafted that directly affected the life of Indigenous communities, without respecting the right to consultation. 


QOM PEOPLE


WICHI PEOPLE


MOQOIT PEOPLE



See more news:

- Diario Norte (27797219: "Los juicios por jurados civiles y comerciales indígenas están más cerca de implementarse" (ver)