Published January 19, 2019 | Version v1
Working paper Open

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

  • 1. Independent
  • 2. Strathclyde Law School, University of Strathclyde
  • 3. Università degli Studi di Trento

Description

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.

Notes

BENELEX Working Paper No. 19.

Files

Marchegiani_Morgera_Parks_BENELEX_WP19_Indigenous_Peoples_Rights_to_Natural_Resources_201901.pdf

Additional details

Funding

BENELEX – Benefit-sharing for an equitable transition to the green economy - the role of law 335592
European Commission