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

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