9/22/2018
NATURAL JUSTICE: Argentinian National Ombudsman Issues Resolution Recognizing Kachi Yupi Community Protocol
More
Create Blog
Sign In
NATURAL JUSTICE
Track the ongoing efforts of this legal NGO as we seek to assist communities to engage with legal frameworks to secure
environmental and social justice.
THURSDAY, MAY 26, 2016
GOOGLE TRANSLATE
Argentinian National Ombudsman Issues Resolution Recognizing
Kachi Yupi Community Protocol
-->
Guest blog by Pia Marchegiani, FARN
In a major development for the communities of
Salinas Grandes and Laguna de Guayatayoc in
Northern Argentina, the National Ombudsman
(Defensor del Pueblo de la Nación in Spanish)
has issued a national resolution, Resolution No.
25/16 (link to Resolution, in Spanish), that
officially acknowledges the community protocol
finalized by the communities in December 2015.
The protocol is entitled “Kachi Yupi; Tracks in the
salt; Consultation and Free Prior Informed
Consent (FPIC) procedure for the communities of
Salinas Grandes and Laguna de Guayatayoc.”
This is the first time that the Argentinian
government has recognized a community protocol
in this manner. The National Ombudsman is an
independent institution within Congress created
by the Argentine Constitution with the dual mandate of protecting human rights and
monitoring public administration. Resolutions such as these are issued by the National
Ombudsman when rights are not being respected or are threatened to be ignored. Thus,
they seek to improve enforcement and contribute to policy making. In conjunction with
issuing the Resolution, the Ombudsman’s office has also featured the Kachi Yupi protocol
on its website, along with an article about the Resolution (see http://bit.ly/1Ts5Aqg). These
actions raise the profile of the Kachi Yupi protocol and send a message to government
agencies that it is a document that should be respected and used when interacting with the
communities of Salinas Grandes and Laguna de Guayatayoc.
Select Language ▼
WELCOME TO NATURAL JUSTICE: LAWYERS FOR
COMMUNITIES AND THE ENVIRONMENT
Natural Justice is an international NGO facilitating the
legal empowerment of Indigenous peoples and local
communities. Natural Justice takes its name from the
legal principle that people should be involved in
decisions that affect them. Accordingly, we assist
communities to engage with legal frameworks to
secure environmental and social justice. Join us as we
explore the rapid changes happening across the world
in the field of environmental law.
FOLLOW BY EMAIL
Email address...
Submit
NATURAL JUSTICE WEBSITE
Resolution No. 25/16 urges various national and provincial authorities of Salta and Jujuy,
including the ministries of infrastructure, mining and energy, agrobusiness, and
environment to respect the FPIC procedure described by the communities in the Kachi
Yupi protocol for any administrative or legislative measure that may affect them. The
Resolution states that appropriate FPIC procedures should also be respected before the
implementation of plans or development programs and before any authorization for the
exploration or exploitation of resources in these territories is granted.
http://www.naturaljustice.org
The Resolution is an important step because it shows that the national government is
paying attention to and calling for respect for a process designed in a participatory manner
by the communities themselves, and which is inherently respectful of their own culture and
worldview. The Ombudsman’s action arrives at a time in which the communities of Salinas
Grandes and Laguna de Guayatayoc are faced with a new challenge to the integrity of their
land and resources: they have recently learnt through media articles that mining companies
continue to seek exploration permits to exploit lithium on their territories.
Images from our community work in Africa, Asia, and
Latin America.
The public recognition of Kachi Yupi, which was developed in a consensual manner after
two years of hard work, strengthens the communities in their struggle to defend their
territories and rights.
More information is available at http://naturaljustice.org/representative-work/communityengagement-extractive-industries/.
Pia Marchegiani is a lawyer with Fundación Ambiente y Recursos Naturales (FARN).
COMMUNITY PROTOCOLS WEBSITE
http://www.community-protocols.org
NATURAL JUSTICE PHOTOS
NATURAL JUSTICE FACEBOOK
http://www.facebook.com/naturaljustice
FORGING LINKS
The ABS Capacity Development Initiative
Biocultural Heritage: Protecting Linked Systems
ClientEarth Blog
ICCA Consortium Website
ICCA Consortium Blog
Just Conservation
Rights-based Approach to Conservation Portal
Labels: Community Protocols, Extractive Industries
The Benelex Project
The Benelex Project Blog
1 comment:
http://natural-justice.blogspot.com/2016/05/argentinian-national-ombudsman-issues.html
1/6