National Supreme Court of Justice, 12/27/2011, “Comunidad Aborigen de Santuario Tres Pozos et al v. Province of Jujuy et al in re: amparo” (File C.1196.XLVI)

The plaintiffs filed a motion for amparo (accelerated proceedings) alleging that the Province of Jujuy failed to fulfill the prior consultation, information and participation process which should have been completed before granting lithium and borate exploration and exploitation permits in Salinas Grandes, in the Departments of Cochinoca and Tumbaya (according to Sections 16, 41, 75, Subsections 17 and 18 of the Argentine Constitution ; Convention 169 of the WLO; and Sections 1, 2, 4 and 31 of the General Environmental Act, 25,675). Within said proceedings, the plaintiffs requested: (i) the Province of Jujuy to be forced to take the necessary actions to enforce the rights allegedly violated; and (ii) the ruling of a cautionary measure forcing the authorities to abstain from granting any government permit for mining drilling or exploration and exploitation in the area at issue, and suspending the enforcement of permits granted so far.

Prior to analyzing its competence and deciding on the subject matter, the National Supreme Court of Justice summoned the plaintiffs and the Governor of the Province of Jujuy to a public hearing to be held at the court on March 28, 2012, for the attendants to make their statements on the alleged situation. The court grounded the summon to said hearing on the fact that the alleged omission demands the exercise of control by the Judicial Branch over the activities of other branches, and, in this context, appropriate measures to ensure obedience with the Argentine Constitution, without overriding the latter’s duties.