The indigenous rights to consultation and to Free, Prior and Informed Consent (FPIC) in the face of extractivism in Argentina

• In Event: . Indigenous politics: Autonomy, Participation, Consultation and Free, Prior and Informed Consent (FPIC) of Indigenous Peoples in Latin America

Abstract

Indigenous peoples in Argentina enjoy specific constitutional rights at federal (art. 75, para. 17 Federal Const.) and provincial level. The ILO Convention 169 and other universal human rights instruments have been ratified by Argentina and currently in force. In 2007, Argentina voted in favour of the adoption of UN Declaration of the Rights of Indigenous People. In the last ten years, however, the government has applied heavy extractivist policies with serious consequences for indigenous people, farmers (campesinos), the environment and the society in general. In this frame, this paper analyses a case that is particularly relevant for the analysis to assess indigenous politics in terms of the effective exercise of their right to consultation and to Free, Prior and Informed Consent (FPIC). This case involved the indigenous Community Mapuche Campo Maripe of Neuquén Province, in which the 7.9% of the provincial’s total population is indigenous [mapuche (21.5%), toba (13%) and guaraní (11%)]. The Community lives in Loma Campana (Añelo), in the area of “Vaca Muerta”, one of the world's largest reserves of oil and unconventional gas, where YPF-Chevron have been using fracking technology since 2013. Oil fields have been granted also over indigenous territories. Moreover, the Provincial Constitution of 2006 recognizes them several (indigenous) rights (art. 53 Const. Prov.). Hence, the community protested and blocked access to such territory claiming damages caused by machinery, drilling and explosions. On 24 October 2014, the community obtained the legal status (personería jurídica) with provincial decree No. 2407. This achievement may be considered a milestone: Thanks to this recognition, any action that affects the community territory need to be authorized by the community through a proper consultation process.

Author

• Marzia Anna Linda Maria Rosti, Università degli Studi di Milano