Catamarca Argentina
In August 2021, the Chief of the Atacameño Native Community of the Argentine Altiplano filed, on behalf of his community, an environmental protection action against the State and the Province of Catamarca before the Court of Justice of Catamarca, Argentina. The lawsuit requested a preliminary injunction ordering the Province of Catamarca to refrain from granting any permits or authorizations for works or activities in the Salar del Hombre Muerto and the Los Patos River, as well as suspending the effects of permits and authorizations already granted, until a new interjurisdictional and cumulative environmental impact study is carried out.
In the area there are at least eight lithium extraction projects, whose production is mostly exported to meet the growing demand for this mineral to produce batteries for electric vehicles.
Local communities have been demanding protection of their territories for years through awareness campaigns about water and natural resources, denouncing that the Trapiche river and valley are drying up and the environmental damage is irreversible due to mining activity.
In March 2024, the court, in a landmark decision, ordered:
(i) That the Provincial Ministry of Mining carry out a cumulative and comprehensive environmental impact study of the development of mining activity (lithium), in the Los Patos River-Salar del Hombre Muerto, integrating the landscape, fauna and flora of the place, the climate, the environment and the living conditions of the inhabitants of the affected indigenous community.
(ii) That the province provide free access to information and participation to the Atacameño Indigenous Community of the Altiplano and to the members of the affected locality (Antofagasta de la Sierra).
(iii) The Ministries of Mining and of Water, Energy and Environment shall refrain from granting new permits or environmental impact statements with respect to works or activities in the affected basin until the cumulative and comprehensive environmental impact study decreed is completed.
Finally, even though the communities requested the suspension of the permits already granted, this was not granted by the Court.
On March 13, 2024, the Catamarca Court of Justice issued an interlocutory ruling against the provincial government. In support of the lawsuit filed by the Atacameño Indigenous Community of the Altiplano, in September 2024, the Inter-American Association for Environmental Defense (AIDA) submitted a brief as an amicus curiae, or "friend of the court," to the Catamarca Court of Justice, requesting that the national government and the government of the province of Catamarca, in accordance with their international obligations, protect the rights of local communities from the cumulative environmental impacts of lithium extraction projects in the territory and basin of the Salar del Hombre Muerto.
The document justifies the application of justice and the defense of the rights to a healthy environment, water, and the communities' right to livelihoods. It also requests that the Catamarca Court of Justice revoke the authorizations granted by environmental authorities to the "Expansion of the Phoenix Project" by Livent and the "Salt of Life" project by Galaxy Lithium SA, until a proper environmental impact assessment is carried out.
Implementation
The ruling meant that the issuance of new permits was suspended until the environmental impact studies ordered by the Court were completed.
Both the lawsuit and the judgment in the case address the challenges of climate change by referring to the intersection between mining and the rights of indigenous communities.
The lawsuit addresses the cumulative environmental impact, arguing that lithium mining in the Salar del Hombre Muerto could generate cumulative adverse effects on the environment, affecting water resources, biodiversity, and disrupting sensitive ecosystems. All of this contributes to climate change.
Additionally, the plaintiff community argued that mining activity affects their ancestral territory, jeopardizing their livelihoods and their cultural connection to the environment. This is further exacerbated by climate change.
In the ruling, the Court ordered the completion of a cumulative and comprehensive environmental impact study that considers the effects of mining activity on the climate, among other factors, to adequately assess the associated environmental and climate risks.
One of the ministers acknowledged the undeniable link between environmental protection and the realization of other human rights, given that environmental degradation and the effects of climate change affect the effective enjoyment of human rights.
Furthermore, the ruling recognized the vulnerability of indigenous communities to environmental degradation, including climate change, emphasizing the obligation to guarantee their access to information and participation in decision-making processes related to projects that may affect their environment and, therefore, their well-being.
- Native Community of Atacameños of the Highlands, in his capacity as Chief of said community
National State (National Executive Power)
- The Province of Catamarca.
Covering an area of almost 600 km², the Salar del Hombre Muerto is located in the northwest of the province of Catamarca, Argentina, in the department of Antofagasta de la Sierra. It is a remote and difficult-to-access high-mountain ecosystem, situated at 4,000 meters above sea level, with a volcanic and arid landscape. Despite the extreme conditions, the salt flat harbors unique biodiversity, sustained by the Los Patos and Trapiche rivers. Furthermore, it is considered one of the main lithium reserves in the region.
The area has been inhabited for centuries by the Atacameño Indigenous Community of the Altiplano, a group belonging to the Kolla Atacameño people. This community has maintained traditional practices of sustainable natural resource management, adapting to the desert environment. Their way of life is intrinsically linked to the land, where they carry out activities such as oasis agriculture, camelid herding, and the harvesting of native plants. Their profound traditional ecological knowledge has allowed them to preserve the region's environmental balance for centuries.
In recent years, the expansion of mining projects, especially for lithium extraction, has generated tensions in the area. The community has expressed concerns about the environmental impacts of these activities, including the reduction of river flows and the degradation of sensitive ecosystems. These concerns are what motivated the current litigation, which seeks greater participation in decision-making related to the use of their ancestral territories.
International treaties and agreements:
- Escazú Agreement
- International Labour Organization (ILO) Convention 169
- United Nations Declaration on the Rights of Indigenous Peoples
National laws:
- Argentine National Constitution
- General Environmental Law (Law No. 25,675)
- Environmental Protection Law for Mining Activity (Law No. 24,585)
- Mining Code
Provincial regulations and laws:
- Constitution of the Province of Catamarca
- Provincial Law No. 5,034 on Environmental Protection
- Water Law of the province
Principles of law applied:
- Principle of prevention
- Precautionary principle
- Right to participation and prior consultation
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