188 Pía Marchegiani and Louisa Parks
international laws. The province of Jujuy, the power in question for this chapter,
named its Environmental Management Unit as the relevant decision-making
body for mining activities and set up a procedure for an EIA (with provincial
decree 5722-2010). The Unit comprises members from a range of provincial
agencies (such as human rights, environmental management and industry) and
stakeholders (such as geologists and indigenous communities). A specific procedure was decided for lithium mining in 2011, when this resource was declared a
strategic natural resource for the province in line with federal government policy.
An additional layer of review by an expert committee was to apply for proposed
lithium mining projects. However, this additional review was abrogated in 2019.
This complex legal patchwork is also affected by significant implementation gaps. Local indigenous communities in the Salinas Grandes and Laguna de
Guayatayoc have contested the correct application of EIA procedures, as access
to information was not granted when different companies sought permits to
explore in the area, and a consultation process in line with existing regulation
was not devised and/or implemented. The government of Jujuy later claimed that
as there was no specific provincial law to implement consultation as required in
Convention 169 ILO and other international instruments, there were no clear
provisions about how to consult communities to be followed or disregarded.
The next section discusses the actions taken to address these perceived
shortcomings, with particular emphasis on the community protocol the indigenous communities drafted with a view to outlining rules for consultation.
Action on Lithium Mining – from Courts to the
Community Protocol
Around 2010, mining companies began exploration activities for lithium in the
Salinas Grandes and Laguna de Guayatayoc area, and the wheels of EIA processes
were to be set in motion. However, as mentioned, this was done without providing enough information to communities and without opening proper consultation processes. As exploration activities began, community members began to
organize with the aim of obtaining information on these activities. At an early
stage, they formed a Roundtable of the Indigenous Peoples of Salinas Grandes
and Laguna de Guayatayoc (the Roundtable) comprising representatives from
33 communities in the area (Comunidades indígenas de las Salinas Grandes y
Laguna de Guayatayoc de Jujuy y Salta, 2015; Parks, 2020). The Roundtable
was created as a main forum for community members to share information and
organize collective action. Lithium was a prominent issue, but the Roundtable
was created to discuss any matter that could pose a threat to the defence of their
territory.
One of the main concerns expressed by community members about lithium
mining centred on the possible water use and its effects. The communities had not
received information about water use and impacts on local supplies at the exploration stage. Many of these communities depend on water for their livelihoods as
international laws. The province of Jujuy, the power in question for this chapter,
named its Environmental Management Unit as the relevant decision-making
body for mining activities and set up a procedure for an EIA (with provincial
decree 5722-2010). The Unit comprises members from a range of provincial
agencies (such as human rights, environmental management and industry) and
stakeholders (such as geologists and indigenous communities). A specific procedure was decided for lithium mining in 2011, when this resource was declared a
strategic natural resource for the province in line with federal government policy.
An additional layer of review by an expert committee was to apply for proposed
lithium mining projects. However, this additional review was abrogated in 2019.
This complex legal patchwork is also affected by significant implementation gaps. Local indigenous communities in the Salinas Grandes and Laguna de
Guayatayoc have contested the correct application of EIA procedures, as access
to information was not granted when different companies sought permits to
explore in the area, and a consultation process in line with existing regulation
was not devised and/or implemented. The government of Jujuy later claimed that
as there was no specific provincial law to implement consultation as required in
Convention 169 ILO and other international instruments, there were no clear
provisions about how to consult communities to be followed or disregarded.
The next section discusses the actions taken to address these perceived
shortcomings, with particular emphasis on the community protocol the indigenous communities drafted with a view to outlining rules for consultation.
Action on Lithium Mining – from Courts to the
Community Protocol
Around 2010, mining companies began exploration activities for lithium in the
Salinas Grandes and Laguna de Guayatayoc area, and the wheels of EIA processes
were to be set in motion. However, as mentioned, this was done without providing enough information to communities and without opening proper consultation processes. As exploration activities began, community members began to
organize with the aim of obtaining information on these activities. At an early
stage, they formed a Roundtable of the Indigenous Peoples of Salinas Grandes
and Laguna de Guayatayoc (the Roundtable) comprising representatives from
33 communities in the area (Comunidades indígenas de las Salinas Grandes y
Laguna de Guayatayoc de Jujuy y Salta, 2015; Parks, 2020). The Roundtable
was created as a main forum for community members to share information and
organize collective action. Lithium was a prominent issue, but the Roundtable
was created to discuss any matter that could pose a threat to the defence of their
territory.
One of the main concerns expressed by community members about lithium
mining centred on the possible water use and its effects. The communities had not
received information about water use and impacts on local supplies at the exploration stage. Many of these communities depend on water for their livelihoods as