Indigenous Peoples’ Rights to Natural Resources in Argentina: The Challenges of Impact Assessment, Consent and Fair and Equitable Benefit-Sharing in Cases of Lithium Mining

BENELEX Working Paper No. 19

16 Pages Posted: 19 Jan 2019

See all articles by Pia Marchegiani

Pia Marchegiani

Independent

Elisa Morgera

Strathclyde Law School

Louisa Parks

University of Trento

Date Written: January 17, 2019

Abstract

This working paper explores the role of ILO Convention 169 in two cases in the context of the development of lithium mining projects in Argentina. The cases serve to illustrate the implementation challenges arising from the Convention obligations on environmental impact assessment, free prior informed consent and benefit-sharing for the protection of indigenous and tribal peoples’ rights over natural resources pertaining to their lands. The cases also point to areas where improvements in implementation are needed in light of indigenous peoples’ demands that are reflected in international guidance on human rights and the environment.

Keywords: Argentina, Indigenous Peoples Rights, ILO Convention 169, Environmental Impact Assessment, Free Prior and Informed Consent, Extractive Industries

Suggested Citation

Marchegiani, Pia and Morgera, Elisa and Parks, Louisa, Indigenous Peoples’ Rights to Natural Resources in Argentina: The Challenges of Impact Assessment, Consent and Fair and Equitable Benefit-Sharing in Cases of Lithium Mining (January 17, 2019). BENELEX Working Paper No. 19, Available at SSRN: https://ssrn.com/abstract=3317375 or http://dx.doi.org/10.2139/ssrn.3317375

Pia Marchegiani

Independent ( email )

Elisa Morgera

Strathclyde Law School ( email )

Lord Hope Building
141 St James Rd
Glasgow 1XQ, Scotland
United Kingdom

HOME PAGE: http://www.strath.ac.uk/research/strathclydecentreenvironmentallawgovernance/

Louisa Parks (Contact Author)

University of Trento ( email )

Via Giuseppe Verdi 26
Trento, Trento 38152
Italy

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