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

Pia  Marchegiani; Elisa Morgera; Louisa Parks

doi:10.1080/13642987.2019.1677617

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

Pia Marchegiani, Elisa Morgera, Louisa Parks

Research output: Contribution to journal › Article › peer-review

29 Citations (Scopus)

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Abstract

This article 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.

Original language	English
Pages (from-to)	224-240
Number of pages	17
Journal	International Journal of Human Rights
Volume	24
Issue number	2-3
Early online date	21 Nov 2019
DOIs	https://doi.org/10.1080/13642987.2019.1677617
Publication status	Published - 1 Jan 2020

Keywords

ILO convention169
environmental impact assessment
free prior informed consent
benefit-sharing
indigenous and tribal peoples
human rights and the environment
lithium mining

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10.1080/13642987.2019.1677617

Marchegiani-etal-IJHR2019-Indigenous-peoples-rights-to-natural-resources-in-ArgentinaAccepted author manuscript, 632 KB

Cite this

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title = "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 article 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.",

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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. / Marchegiani, Pia ; Morgera, Elisa; Parks, Louisa.
In: International Journal of Human Rights, Vol. 24, No. 2-3, 01.01.2020, p. 224-240.

Research output: Contribution to journal › Article › peer-review

TY - JOUR

T1 - Indigenous peoples' rights to natural resources in Argentina

T2 - the challenges of impact assessment, consent and fair and equitable benefit-sharing in cases of lithium mining

AU - Marchegiani, Pia

AU - Morgera, Elisa

AU - Parks, Louisa

N1 - This article has been accepted for publication in International Journal of Human Rights, published by Taylor & Francis. Marchegiani, P., Morgera, E., & Parks, L. (2020). 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. The International Journal of Human Rights, 24(2–3), 224–240. https://doi.org/10.1080/13642987.2019.1677617

PY - 2020/1/1

Y1 - 2020/1/1

N2 - This article 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.

AB - This article 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.

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KW - environmental impact assessment

KW - free prior informed consent

KW - benefit-sharing

KW - indigenous and tribal peoples

KW - human rights and the environment

KW - lithium mining

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DO - 10.1080/13642987.2019.1677617

M3 - Article

SN - 1364-2987

VL - 24

SP - 224

EP - 240

JO - International Journal of Human Rights

JF - International Journal of Human Rights

IS - 2-3

ER -

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

Keywords

Access to Document

Other files and links

Fingerprint

BENELEX

Reflections on methods from an interdisciplinary research project in global environmental law

Under the radar: the role of fair and equitable benefit-sharing in protecting and realising human rights connected to natural resources

Dawn of a new day? The evolving relationship between the Convention on Biological Diversity and International Human Rights Law

Cite this

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

Keywords

Access to Document

Other files and links

Fingerprint

Projects

BENELEX

Research output

Reflections on methods from an interdisciplinary research project in global environmental law

Under the radar: the role of fair and equitable benefit-sharing in protecting and realising human rights connected to natural resources

Dawn of a new day? The evolving relationship between the Convention on Biological Diversity and International Human Rights Law

Cite this