El derecho a la consulta y el consentimiento previo, libre e informado frente al extractivismo en Argentina : El caso de la comunidad Campo Maripe = The indigenous rights to consultation and to Free, Prior and Informed Consent (FPIC) in the face of extractivism in Argentina

Argentina is a federal state comprising 23 states called “Provinces”. According to the latest census (2010), the total population is over 40 million and includes 955.032 persons self-identifying as descending from or belonging to indigenous peoples. Indigenous peoples enjoy specific constitutional rights at federal (art. 75, para. 17 Federal Const.) and provincial level; the ILO Convention 169 and other universal human rights instruments have been ratified by Argentina and currently in force; in 2007, Argentina voted in favour of the adoption of UN Declaration of the Rights of Indigenous People. In the last ten years, however, the government has applied heavy extractivist policies with serious consequences for indigenous people, farmers (campesinos), the environment and the society in general. In this frame, there is a case particularly relevant for the analysis of the effective exercise of consultation and Free, Prior and Informed Consent (FPIC); involved the indigenous Community Mapuche Campo Maripe of Neuquén Province, where the 7.9% of the provincial’s total population is indigenous [mapuche (21.5%), toba (13%) and guaraní (11%)] and the Provincial Constitution of 2006 recognizes several indigenous rights (art. 53 Const. Prov.). The Community lives in Loma Campana (Añelo), in the area of “Vaca Muerta”, one of the world's largest reserves of oil and unconventional gas, where YPF-Chevron have been using fracking technology since 2013. Oil fields have been granted also over indigenous territories. Hence, the community protested and blocked access to such territory claiming damages caused by machinery, drilling and explosions. On 24 October 2014, the community obtained the legal status (personería jurídica) with provincial decree No. 2407. This achievement may be considered a milestone: thanks to this recognition, any action that affects the community territory need to be authorized by the community through a proper consultation process.