An agro-environmental judge of La Paz has ordered the temporary suspension of the legislative treatment of contracts linked to the exploitation of lithium in the Salar de Uyuni, conditioning its resumption to the realization of a environmental impact assessment robust and other prerequisites.
The decision responds to a requested by the Ombudsman's Office and forces the Legislative Assembly to stop the analysis of the .
Scope of the judicial decision
As reported, the court admitted the and ordered the suspension of the processing of the Bill 197/2024-2025 y 170/2024-2025 until the competent authorities certify compliance with key environmental and social obligations.
In practice, the court order means that the legislative debate on these matters cannot be resumed. lithium contracts without first having technical studies, participation processes and strategic guidelines that guarantee the and respect for the rights of communities.
The judge established a set of prior requirements, with emphasis on the and the responsible use of water in the Potosino plateau.
- with cumulative analysis of environmental, social, cultural and economic effects, focusing on the use, exploitation and supply of water.
- Comprehensive study of resource availability for the use and industrialization, particularly on the groundwater and fossil water management in the areas of influence of the projects.
- Strategic Environmental Assessment (SEA) the use of strategic natural resources, delimiting the area of ​​effective influence in the indigenous and peasant territories of Nor LÃpez and Southwest PotosÃ, which considers:
- Visions of development and local productive alternatives (tourism, non-metals, unconventional minerals, solar and geothermal energy).
- Technological alternatives that prioritize water rights and sustainability, protecting the Madre Tierra.
- Investment scenarios that strengthen capabilities and avoid technological dependence, compatible with sustainable development.
- on the availability of resources, with special attention to the fossil waters in the area of ​​influence.
- Prior, free and informed consultation continuous and effective participation of potentially affected indigenous peoples, ensuring their real participation before any approval.
Furthermore, the resolution instructs that the legislative Assembly formally request the SEA and call all the actors involved to discuss the content of the studies before addressing the bills.
Contracts and actors involved
The contracts under review correspond to services for the already an association for the development of a direct lithium extraction plant (DLE) in the surroundings of Uyuni Salt FlatsIn both cases, YLB signed agreements with Hong Kong CBC Investment Limited – Bolivia Branch and with Uranium One Group Joint Stock Company – Bolivia Branch.
The stoppage does not imply the cancellation of the agreements, but rather a conditioned on the administrative authorities delivering the environmental and social participation documentation that the judge has requested.
The role of the Ombudsman's Office
The Ombudsman, Pedro Callisaya, explained that the institutional intervention seeks to ensure that any state undertaking complies with , in line with the Escazu Agreement and the international treaties signed by the State.
The Ombudsman stressed that it does not oppose the economic development, but insisted that the issues be clearly known and social aspects of lithium projects before moving forward with their legislative approval.
Government position and open debate
The Executive, on previous occasions, maintained that the was unviable as long as the exact location of all project facilities. The court ruling, however, establishes a preliminary roadmap that includes an EIA, SEA, and consultation.
The approach ordered by the judge prioritizes the —especially of the fossil waters— and a long-term strategic vision, with the participation of the communities of Nor LÃpez and Southwest PotosÃ.
Social and community reactions
Local and social movement leaders have praised the measure for its emphasis on and collective rights. Voices like that of Yamilé Cruz They stressed the importance of justice acting independently and of listening to peasant and indigenous communities.
Organizations in the territory announced that they will maintain the and institutional pressure to apply sanctions when they are violated constitutional rights or mandatory procedures are omitted.
Next steps in the Assembly
With the precautionary measure in force, the legislative Assembly is obliged to request the and convene social, technical and academic actors to discuss its content. Without these inputs, the PL 197/2024-2025 y 170/2024-2025 will not be able to receive treatment.
The schedule will depend on the delivery of , the EIA, the SEA and that the process is carried out prior, free and informed consultation in the potentially affected territories.
The suspension ordered by the courts marks a turning point: the lithium contracts are subject to a rigorous environmental and social assessment, with a focus on the water and the participation of communities, before any final legislative decision.
