E/C.12/ARG/CO/3
concerning Indigenous and Tribal Peoples in Independent Countries. The Committee is
particularly concerned by the negative consequences of lithium exploitation in Salinas
Grandes (Salta and Jujuy provinces) on the environment, access to water, way of life and
subsistence of indigenous communities (arts. 1, 11 and 12).
The Committee recommends that the State party undertake the necessary measures to
stop violations of the rights of indigenous peoples and that it hold accountable those
responsible for such unlawful acts. It urges the State party to always enter into
effective consultations with indigenous communities before granting concessions for
the economic exploitation of the lands and territories traditionally occupied or used by
them to State-owned companies or third parties, fulfilling the obligation to obtain the
free, prior and informed consent of those who are affected by the aforementioned
economic activities. The Committee also recommends that the State party guarantee
that in no case will such exploitation violate the rights recognized in the Covenant and
that just and fair compensation is granted to indigenous communities. The Committee
also calls upon the State party to ensure the protection of indigenous communities
during the implementation of mining exploration and exploitation projects. With
regard to Salinas Grandes, the Committee urges the State party to comply with the
decision of the Supreme Court, once it is available.1 The Committee recalls in this
context its statement on the obligations of States parties regarding the corporate
sector and economic, social and cultural rights (E/C.12/2011/1).
10.
The Committee is concerned about cases in which the increased use of chemical
pesticides and transgenic soya seeds in regions traditionally inhabited or used by indigenous
communities have negatively affected these communities. It worries the Committee that
these communities find it increasingly difficult to apply their traditional farming methods,
and that as a consequence, this may become an important obstacle to the access to safe,
adequate and affordable food. The Committee also notes with concern the scale of
deforestation, which has forced indigenous peoples to leave territories traditionally
occupied or used by them, and in spite of Act No. 2633 on forest protection. The
Committee is further concerned about the fact that the aforementioned activities are often
carried out without an effective prior consultation with the affected groups of the
population (arts. 1, 11, 12 and 15).
The Committee urges the State party to ensure that the means of subsistence of
indigenous communities and their enjoyment of economic, social and cultural rights
are effectively protected, and to develop institutional and procedural guarantees to
ensure the effective participation of indigenous communities in decision-making on
issues that affect them. The Committee also recommends that the State party ensure
the full implementation of Act No. 2633 and other legislation regarding the protection
of the non-renewable resources of the State party with a view to combating
deforestation.
11.
The Committee is concerned that, since 2007, the introduction of different
statistical methods within the national statistical system (INDEC), which are not always
publicly available, pose difficulties for the correct interpretation of data and the comparison
of progress in and challenges to the enjoyment of the Covenant rights by all. It also notes
with concern the data and calculation discrepancies between certain provincial and national
official statistics as well as doubts raised by national and international civic, research and
financial institutions with regard to the credibility of data produced by INDEC (art. 2).
1
File No. 1196/2010: Indigenous Community of Three Wells Sanctuary and others vs. Jujuy, Province
of and others, on appeal to the Supreme Court since it has original jurisdiction in the matter, Supreme
Court of Justice of the Nation.
3