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.
