Data di Pubblicazione:
2016
Citazione:
Indigenous rights and extractivism in Argentina / M. Rosti. - [s.l] : ILA - International Law Association, Committe on the Implementation of the Rights of Indigenous Peoples, 2016 Jun.
Abstract:
Argentina is a federal state comprising 23 Provinces and according to the official data collected by the latest census (2010) the total population is over 40 million and includes 955.032 persons self-identifying as descending from or belonging to an indigenous peoples.
The indigenous peoples have specific constitutional rights at federal (art. 75 inc. 17 Const. nac.) and provincial level; the ILO Convention 169 and other universal human rights instruments are 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 the government has applied heavy extractivist policies with serious consequences for indigenous people, farmers (campesinos), the environment and the society in general.
There are two cases very interesting that involved indigenous community of Neuquén Province, where the indigenous people represents the 7,9% of the provincial’s total population, divided into mapuche (21,5%), toba (13%) and guaraní (11%), and the Constitution from 2006 recognizes several indigenous rights (art. 53 Const. Prov.).
The Campo Maripe Comunity (Mapuche peopole) lives in Loma Campana (Añelo), in the area named Vaca Muerta, one of the world's largest reserves of oil and unconventional gas, where YPF-Chevron are using fracking technology from 2013. In the lands community there are some oil fields and the community protested and blocked access to its territory for the demages caused by machinery, drilling and explosions. The 24 of October of 2014 the community obtained the legal status (personería jurídica, Ley 23.302 de Política Indígena y Apoyo a las Comunidades Aborígenes, arts. 2, 7-11, 1985; Ley 1800 Adesión de la Provincia de Neuquén a la Ley 23.302, 1989) with provincial decree (n. 2407) and, from that moment, any action that affects its territory – for example, land dispossession - will need to be proceded by a proper consultation process. This outcome is very important because the government and the oil companies have been denying the community its indigenous identity and its legal status has not been recognised. Also, after 14 years a community has been recognized in the Neuquén Province.
As a contribution to our Committee’s work, we will analyse the national and local law about indigenous people, with special attention to lands right, observe the phases of land surveys (relevamientos territoriales, Ley de emergencia de la propiedad comunitaria indígena n. 26.160, 2006) that the government promised to start within 90 days to define the lands of the community, and the proper consultation process.
Wenctru Trawel Leufu Community (Mapuche People) lives near Cerro León Departamento Picún Leufú; in 2007 the la Empresa Petrolera Piedra de Aguila obtained the access for exploration activities in the areas of El Umbral and Los Leones situated in the territory of the community who couldn’t oppose to the decision.
The 16 of Febrary of 2011 the Juzgado Civil n. 2 en lo Civil y Comercial de Cutral Co. decided to suspend the operations of Piedra de Aguila and in December of 2012 the Tribunal Superior de Justicia de Neuquén rejected the appeal of Empresa and Fiscalía de Estado and confirmed the decision of the Juzgado Civil.
The decision recognized: the community, the land possession in force of the “preexistencia etnica y cultural” and the “ocupación tradicional del territorio” (art. 75 inc. 17 Const. nac. and art. 53 Const. prov.); also declared that the actions that affects the land’s community had not been proceded by a proper consultation process (Petrolera Piedra del Aguila Sa c/ Curruhuinca Victorino y Otros s/ Acción de amparo); listed the violations of: art. 75 inc. 17 Const. nac.; art. 53 Const. prov.; ar
Tipologia IRIS:
08 - Relazione interna o rapporto di ricerca
Keywords:
indigenous rights; extractivism; Argentina; Vaca Muerta;
Elenco autori:
M. Rosti
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