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      The right to consultation and free, prior and informed consent in Argentina
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      Chapter

      The right to consultation and free, prior and informed consent in Argentina

      DOI link for The right to consultation and free, prior and informed consent in Argentina

      The right to consultation and free, prior and informed consent in Argentina book

      The case of Salinas Grandes-Laguna de Guayatayoc

      The right to consultation and free, prior and informed consent in Argentina

      DOI link for The right to consultation and free, prior and informed consent in Argentina

      The right to consultation and free, prior and informed consent in Argentina book

      The case of Salinas Grandes-Laguna de Guayatayoc
      ByMarzia Rosti
      BookThe Prior Consultation of Indigenous Peoples in Latin America

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      Edition 1st Edition
      First Published 2019
      Imprint Routledge
      Pages 15
      eBook ISBN 9781351042109
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      ABSTRACT

      In its Constitution of 1994, Argentina offers considerable recognition of Indigenous Peoples, and the country has subscribed to several international human rights instruments, including ILO 169 (as of 2001), UNDRIP (2007), and ADRIP (2016). However, there are no legal procedures of consultation and FPIC, and the few processes that have been carried out fall far short of standards relating to translation, environmental impact assessments, and relevant documentation. In this context, this chapter seeks to analyse the limits to the implementation of consultation and FPIC in Argentina. First of all, an outline of the legal framework at both the national (federal and provincial) and international levels is offered. Next, the case of Salinas Grandes-Laguna de Guayatayoc in the provinces of Salta and Jujuy is analysed. This case involves lithium exploration projects which were carried out without consultation or the FPIC of the Kolla and Atacama Indigenous Peoples. The role of the courts at the local and national levels, as well as the regional level, and the mobilisation of the affected Indigenous Peoples to defend their rights to consultation and FPIC are finally considered.

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