Argentina: Judgement Against Oil Company Recognizes Indigenous Peoples' Rights

Date of publication: 
16 February 2011

The province of Neuquén issued a ruling against the oil company Piedra del Aguila, who entered the land without consultation of the Mapuce Community Trawel Huenctru Leufú. The ruling notes they have clearly violated the rights of indigenous peoples.

The ruling, issued on 16 February 2011 by Judge Mario O. Tommasi, rejected an injunction filed by the drilling company in 2007, which called for the cessation of acts that hinder the work of oil exploration in the area the Twins and Los Leones.

The ruling challenged the order on several grounds. These include the recognition of the population as a Community Leufu Trawel Wenctru Mapuce seated in the place Cerro Leon, in the province of Neuquén, department Picún Leufú.

It also recognizes the community territory and constitutional rights, which state that the common ownership of indigenous peoples is not individual possession as in the Civil Code, since it is based on the pre-existence to the State and the fact that they have preserved the traditional occupation.

It also demonstrated the lack of compliance with the procedure of consultation or joint management of natural resources. The right of participation involved the establishment of a genuine dialogue between the parties, which is characterized by communication and understanding, mutual respect, good faith and a sincere desire to reach an agreement.

Similarly, it warns that communities should be freely and fully involved in all stages of the process and that consultation should take place before the adoption of decisions. It determines there has been a failure of national and provincial constitutions, the ILO Convention 169, and the United Nations Declaration on the Rights of Indigenous Peoples.

It is noteworthy that during the more than three years of the trial, the company entered the Community territory and fought community members with police assistance , supported on the orders of other judges.