jun 15, 2023 - Gerardo Morales approves the reform of constitution of Jujuy, Argentina, which enables lithium extraction in indigenous territories and criminalizes social protests

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The reforms to the provincial constitution have galvanized widespread opposition from diverse social sectors who have united on the streets to demand Morales’ resignation and the reversal of the reform.

One of the major points of contention is the reform to Article 36 regarding the “right to private property”. The reform gives greater rights to property holders as it gives “rapid and expedited mechanisms and routes that protect private property and reestablish any alteration in the possession, use, and enjoyment of the assets in favor of the title holder.” It also paves the way for a law that determines conditions for eviction.

Many Indigenous communities have pointed out that despite being ancestral inhabitants, 90% of Indigenous communities lack property titles. They say that this reform empowers private landowners to evict them, especially in a context of increased disputes over land rights regarding the extraction of lithium by multinational corporations in the province. Jujuy is home to several lithium extraction projects such as the Cauchari-Olaroz project one of whose primary shareholders is the Canadian giant Lithium Americas as well as the Cauchari and Olaroz projects of Australian lithium company Lake Resources.

The other key point of the reform which has sparked mass opposition is the point called “Right to Social Peace and Democratic Peaceful Living” which incorporated into the constitution the “expressed prohibition of total road and highway blockades, as well as all other disruptions to the right to free circulation of inhabitants of the province and their legal consequences.” Organizations across the country have condemned this point as a serious threat to the right to protest and to the full guarantee of human rights.

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