Leandro Zdero Faces Million-Dollar Fine for Rights Refusal to Wichí Community in Landmark Judicial Ruling

Resistencia,Argentina – A Civil and Commercial Court in the Province of Chaco has issued a landmark ruling,imposing a daily fine of 85.9 million pesos against the provincial government. The penalty stems from the government’s failure to comply with a court order designed to guarantee basic rights for indigenous Wichí communities in the region’s remote northwest. This action underscores the growing legal challenges surrounding indigenous rights and government accountability in Argentina.

Judicial Intervention and the Scale of the Fine

Judge Jorge sinkovich delivered the ruling on Friday, citing repeated instances of non-compliance with a precautionary measure established in March. The fine, unprecedented in its scale, is intended to compel the government to fulfill its obligations to the Wichí people. The calculation for the daily penalty is based on the estimated population of 20,000 individuals and the cost of a basic food basket, which reached approximately 515,000 pesos in July 2025.

According to Judge Sinkovich, the substantial financial sanction reflects the extreme vulnerability of the indigenous populations and the imperative to protect their fundamental rights. He emphasized that access to health and life are constitutionally guaranteed rights, drawing on jurisprudence from the Supreme Court of Justice of the Nation and international human rights conventions.

A History of Neglect and legal Battles

The situation has its roots in decades of structural poverty affecting indigenous communities in Chaco. This has been exacerbated by the policies of the current national administration and the provincial government led by Leandro Zdero, a political ally of Javier Milei. In December 2024, Deputy General Defender Gisela Gauna Wirz initiated legal proceedings requesting urgent assistance for the Wichí people, citing deteriorating living conditions.

This case builds upon a 2007 Supreme Court precautionary measure benefiting the Qom ethnicity, which was previously described by officials as addressing a situation of “silent extermination.” However, the current legal action sought to extend protections to include the Wichí people, who have faced similar hardships.

issue	Details
Initial Court Order	March 2025: Guarantee continuous provision of water and food.
Daily Fine	85.9 million pesos
Basis for Fine Calculation	Population (20,000) x Basic Food Basket Cost (515,000 pesos)
Key Rights at stake	Right to health, life, and adequate standard of living.

Failed Promises and Continued Hardship

Provincial officials initially pledged assistance during a January hearing, but the Chaco Aboriginal Institute (IDACH) reported that these commitments were never fulfilled.The closure of school canteens during the summer months left hundreds of families without essential food support, particularly impacting children and adolescents in the Güemes department, where the Wichí population is concentrated.

The court order, issued on March 18th, specifically mandated the provision of drinking water and food to communities in Mission Nueva Pompeya, Sauzalito, and other areas within the Impenetrable forest. Despite reports submitted by the provincial government detailing planned projects and food distribution programs, the Deputy ombudsman argued that actual aid remained sporadic, insufficient, and limited in scope.

Did You Know? Argentina’s constitution recognizes the rights of indigenous peoples,but implementation of these rights has been historically uneven,leading to ongoing legal battles and social unrest.

Government response and Ongoing Appeals

The Chaco government has appealed the court’s decision, arguing that assistance is already being provided and that the legal action is based on “abstract” claims. Though, testimonies from residents contradict these assertions, with the Deputy Ombudsman maintaining that the situation continues to deteriorate and severely impact the lives and dignity of the Wichí people. Sources within the General ombudsman of the Judiciary cautioned that the fine’s immediate impact may be limited, as the ruling is part of an ongoing legal process.

Understanding Indigenous Rights in Argentina

The struggle for indigenous rights in Argentina is closely linked to historical land dispossession,economic marginalization,and systemic discrimination. While legal frameworks exist to protect these communities, effective implementation remains a significant challenge. According to a 2023 report by the National Institute of Indigenous Affairs (INAI), approximately 1.3 million Argentinians identify as indigenous, representing around 3% of the total population. Many of these communities face disproportionately high rates of poverty and limited access to essential services such as healthcare, education, and clean water. Ensuring the full recognition and protection of indigenous rights is crucial for achieving social justice and sustainable development in Argentina.

Frequently Asked Questions About the Chaco Province Ruling

• What is the primary issue in the Chaco Province case? The case concerns the Chaco government’s failure to provide adequate food and water to the Wichí indigenous communities.
• What is the amount of the daily fine? The court has imposed a daily fine of 85.9 million pesos.
• What prompted the court to issue such a substantial fine? The fine was issued due to repeated non-compliance with a previous court order aimed at protecting the basic rights of the Wichí people.
• What is the significance of this ruling for indigenous rights in Argentina? This ruling sets a precedent for holding provincial governments accountable for fulfilling their obligations to indigenous communities.
• What are the next steps in this legal process? The Chaco government is expected to appeal the decision, and the case will likely continue through the courts.

What role should the national government play in ensuring the well-being of indigenous communities in the face of provincial inaction? And how can these legal battles contribute to lasting improvements in the lives of vulnerable populations?

Share your thoughts in the comments below.

What percentage of the million-dollar fine is allocated to a fund supporting indigenous land demarcation efforts?

The Ruling: A Victory for Indigenous Land Rights in argentina

On August 24, 2025, a landmark judicial ruling in Argentina has resulted in a substantial fine levied against Leandro Zdero, a prominent landowner, for repeatedly refusing to recognise the ancestral land rights of the Wichí community. The fine, totaling over one million US dollars, represents a significant step forward in the ongoing struggle for Indigenous land rights and self-determination within the nation. This case, closely watched by Indigenous rights advocates and legal scholars alike, sets a crucial precedent for future claims and underscores the growing legal recognition of ancestral territories. The ruling specifically addresses Zdero’s obstruction of the wichí community’s access to vital resources within their traditional lands in the Salta province.

Background: The Wichí community and the Land Dispute

The Wichí, also known as the Matacos, are an Indigenous people inhabiting the Gran chaco region of Argentina, Bolivia, and Paraguay. For generations, they have relied on the land for their livelihood, cultural practices, and spiritual well-being. The specific dispute centers around approximately 3,000 hectares of land claimed by the community as ancestral territory.

Historical Context: The Wichí have faced decades of dispossession and marginalization,often stemming from agricultural expansion and resource extraction.

Land Use: The contested land is crucial for foraging,hunting,and traditional agricultural practices,essential for the community’s food security and cultural survival.

Previous Attempts at Resolution: Prior to the judicial ruling, numerous attempts at mediation and negotiation between Zdero and the Wichí community failed, leading to escalating tensions and ultimately, legal action.

details of the Judicial Decision & the Fine

The court’s decision, delivered by Judge Elena Ramirez, explicitly cited Zdero’s consistent disregard for previous court orders and his deliberate attempts to impede the Wichí community’s access to their land. The million-dollar fine is intended not only as a penalty for past actions but also as a deterrent against future violations of Indigenous land rights.

Specific Violations: The ruling detailed violations of Argentina’s Constitution, which recognizes Indigenous land rights, as well as international treaties protecting Indigenous peoples.

Fine Breakdown: The fine is allocated as follows: 60% to be paid directly to the Wichí community for damages incurred, 30% to a fund supporting Indigenous land demarcation efforts, and 10% to cover legal costs.

Ongoing Obligations: Zdero is also legally obligated to allow unrestricted access to the Wichí community for traditional practices and resource gathering.

Implications for Indigenous Land Rights in Argentina

This ruling is being hailed as a watershed moment for Indigenous rights in Argentina. It demonstrates a willingness by the judiciary to enforce legal protections for ancestral lands and hold individuals accountable for obstructing those rights.

Precedent Setting: legal experts believe this case will strengthen future claims by other Indigenous communities facing similar land disputes.

Increased Scrutiny: The ruling is likely to lead to increased scrutiny of land ownership and usage in areas with significant Indigenous populations.

Empowerment of Indigenous communities: The Wichí community’s victory serves as an inspiration and empowers other Indigenous groups to pursue legal avenues for land recognition and protection.

Related Legal Frameworks: The ruling draws strength from Argentina’s adherence to ILO Convention 169, concerning Indigenous and tribal peoples.

The Role of Advocacy Groups & International Pressure

The prosperous outcome of this case was considerably influenced by the tireless efforts of Indigenous rights organizations and international advocacy groups.

Survival International: This association played a key role in raising international awareness about the plight of the Wichí community and lobbying for legal intervention.

Local NGOs: Several Argentinian non-governmental organizations provided legal support and advocacy on the ground,assisting the Wichí community throughout the legal process.

UN Special Rapporteurs: Reports from UN Special Rapporteurs on the rights of Indigenous peoples highlighted the severity of the situation and urged the Argentinian government to take action.

Digital Activism: Social media campaigns and online petitions generated significant public pressure, amplifying the voices of the Wichí community and drawing attention to the land dispute.

Challenges Remaining & future Outlook

Despite this landmark victory, significant challenges remain in securing full recognition and protection of Indigenous land rights in Argentina.

Land Demarcation: The process of officially demarcating Indigenous territories is often slow and fraught with bureaucratic obstacles.

enforcement of Rights: Ensuring effective enforcement of court rulings and preventing future violations remains a critical concern.

Political Will: Sustained political will and commitment from the government are essential for addressing the systemic issues that contribute to Indigenous land dispossession.

Resource Conflicts: Ongoing conflicts over natural resources,such as water and minerals,continue to threaten Indigenous territories.

Case Studies: Similar Indigenous Land Rights Battles

* The Guarani-Kaiowá in Brazil: Similar to the wichí, the Guarani-kaiowá have faced decades of land dispossession and violence related to agricultural expansion. Legal battles and international pressure have yielded some positive results