In light of its significant reserves of oil and natural gas, oil companies performed extensive extraction activity in Vaca Muerta, particularly through fracking. This has extensively affected the ecosystem and local communities, with a focus on the indigenous community Mapuche.
As a result, Vaca Muerta became a sacrifice zone which can be defined as an area “where residents suffer the devastating environmental health consequences of living downwind and downstream from major pollution hotspots–large industrial complexes of extraction, refining, energy generation, and petrochemical production” (Katia Valenzuela-Fuentes et al).
For this reason, in December 2019, the Tribunal analyzed the devastating consequences of fracking in Vaca Muerta. However, in order to determine the violation of the rights of nature, it was imperative to gather more information on the allegations.
From March to April 2023, a delegation of judges from the Tribunal visited the provinces of Neuquén and Río Negro. In these two areas, the delegation documented the adverse effects of tracking on the environment, such as excessive water use, toxic waste storage, increased CO2 emissions, and seismicity.
The investigation also revealed that the oil companies occupied areas of the Mapuche territory without free and prior consultation. By taking up a large portion of indigenous land, these companies forced the Mapuche communities to be displaced. Unfortunately, the Argentinian justice system only acknowledged a portion of the disputed land as belonging to the Mapuche communities.
The aforementioned findings served as evidence for the Tribunal to declare the violation of the rights of nature.
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