Argentine Supreme Court of Justice, 12/18/2012, “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 the failure 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. Within said proceedings, the plaintiffs requested the Provinces of Jujuy and Salta and the Federal Government to be forced to take the necessary actions to enforce the rights allegedly violated.
The Court considered that the plaintiffs did not prove that they were substantially or directly affected by the grievances filed; and thus, that there was no “case” that allowed the Supreme Court to intervene. Therefore, the motion for amparo was denied with regards to the Province of Jujuy.
Regarding the claims against the Province of Salta and the Federal Government, the Court considered that it has no jurisdiction and that the plaintiffs should file their claims before the lower courts.