The Right to Consultation and Free, Prior and Informed Consent in Argentina: The Case of Salinas Grandes-Laguna de Guayatayoc

The case of Salinas Grandes-Laguna de Guayatayoc is interesting as the region is divided between the provinces of Salta and Jujuy, which are inhabited by the Kolla and Atacama communities. Here, lithium was discovered in 2010, giving rise to a process of exploration by multinational companies and promotion by national and provincial governments. The case involves the violation of three indigenous rights. First, the right to communal ownership of the land, since, although a survey has been carried out, the title deed of the land has not yet been granted. Second, the right to consultation and exercise of FPIC, given that the government took measures related to lithium exploration and exploitation without the consultation and consent of the affected communities. Third, this is a case of interest because of unchained process of indigenous mobilisation organisation which has led to the KachiYupi/Huellas de la Sal protocol, drawn up by the communities themselves and which represents the model of how the rights to consultation and FPIC should be exercised.