An Argentinian court is expected to issue a ruling today in a case against eight community members from Chubut who participated in the 2021 “Chubutazo” – a powerful province-wide protest that succeeded in stopping government efforts to impose the Canadian-owned Navidad silver project and allow for industrial mining activities in parts of the province.
Out of the eight, seven have been charged with theft and one with arson. The defense lawyers emphasize that the case lacks evidence and the sentences sought by the prosecution are wildly disproportionate to the crimes. So far, the trial has been characterized by a lack of transparency, as it has been difficult for journalists and the public to gain access to the hearings.
Local communities warn that the charges are politically-motivated as the province seeks to crack down on protests as it looks to expand mining activities. The Environmental Lawyers Association and the Collective for Ecosocial Justice (Asociación de Abogados y Abogadas Ambientalistas y el Colectivo de Acción por la Justicia Ecosocial - CAJE) said in a statement, “We hope that in this court ruling, constitutional rights and international law will prevail over the political and corporate interests that were exposed in this case – a case that was fabricated to discourage and undermine the fighting spirit of the people of Chubut.”
Chubutazo!
On December 16, 2021, the provincial legislature of Chubut led by then-Governor Mariano Arcioni approved a law to allow open-pit mining in certain areas of the province, essentially giving the green light for Vancouver-based mining company Pan American Silver to get to work on its $1 billion Navidad mine.
For years, operations at Navidad had failed to advance due to strong local opposition, including from Mapuche Tehuelche communities. Over 80% of local residents voted in a 2003 popular referendum against the Navidad project. But in spite of this opposition and existing environmental legislation banning the use of cyanide in open-pit mining operations – effectively making the Navidad project unviable for years – Pan American Silver acquired the project in 2010.
Following the 2021 change in legislation, thousands of people throughout Chubut and Argentina organized the Chubutazo, immediately taking to the streets carrying placards that read, "No es no" (No means no)" and “#FueraPanAmericanSilver (Pan American Silver Out).” Among other demands, they denounced the Canadian company’s lobbying efforts to change local legislation. While strong opposition to mining had existed in the area for decades, professor and journalist Martín Ulacia, author of “No Fue No (No was no),” describes the Chubutazo as “one of the most important events in the people of Chubut’s struggle against large-scale mining.”
Six days after its approval and following massive protests, the law was repealed by then-Governor Arcioni.
There was an outpouring of national and international support during the protests against the mining law and police repression, including a letter of solidarity signed by 34 international organizations in support of the people of Chubut.
A political trial against the residents of Chubut
Cristina Agüero, a member of No to Mining in Esquel (No a la Mina Esquel), told MiningWatch, “This is a political trial that is restricting access to the public. They need to find someone to blame for this great popular revolution against transnational large-scale mining in order to intimidate people and prevent them from taking to the streets again, from becoming interested in collective action.”
Lucas Espinoza, one of the community members facing charges, says “The government is seeking to expose, stigmatize, persecute, and criminally charge eight community members, including me, who take to the streets to defend our waters and rivers. The evidence consists of photos taken by undercover police officers showing us at the protests, but we are not seen committing any crime.”
Espinoza is among the many residents of Chubut who have also been voicing concerns against possible uranium mining in the province. “The aim [of this trial] is to prevent the people from getting involved or protesting in the days leading up to the legislative approval of uranium mining.” He adds, ”Mining companies are a blend of corruption, pollution, and death. I urge the national and international community to never stop taking to the streets to defend their natural resources and their rights as citizens.”
The criminalization of these community members stands in stark contrast to the lack of investigation into the actions of security forces accused of using excessive violence during the Chubutazo. As Amnesty International Argentina reported at the time, "Excessive use of force by security forces was used against protestors [and] 7 people were arrested and more than 30 injured." But none of this state violence has been investigated, nor has any state actor been held accountable. As CAJE further denounces, “With regard to complaints filed about the violent and excessive actions of security forces [during the protests], no investigations were launched to hold those responsible for the abuses accountable. Instead, some police officers were decorated.”
Argentina pushes for more mining during PDAC 2025
Even as local environmental defenders face blatant criminalization, Argentinian officials are aggressively promoting the mining potential of their territories to investors on the world stage. Last month, at the Prospectors and Developers Association of Canada’s (PDAC) annual conference in Toronto, high-profile Argentinian officials courted Canadian mining investors during “Argentina Day: Business opportunities in gold, silver, copper and lithium.”
Argentina’s president Javier Milei’s new Incentive Regime for Large Investments (RIGI in Spanish) was touted during PDAC 2025 as creating a favourable and stable climate for international investors. The regime significantly reduces corporate income tax from 35% to 25%, while also allowing for external arbitration. However, as the Environment and Natural Resources Foundation (Fundación Ambiente y Recursos Naturales - FARN) points out, RIGI promotes large-scale investment in large-scale extractive projects like mining with a serious “lack of environmental protection.” Indeed, projects will continue to receive the benefits of RIGI “even if they pollute rivers, soil and aquifers, destroy glaciers or cause the extinction of a species.”
As environmental protections are being further eroded, community referendums are being ignored, and environmental defenders are being criminalized, the consensus at PDAC according to Milei’s government was that “This is a historic moment for mining.”
MiningWatch stands in solidarity with the eight citizens from Chubut currently being prosecuted for protesting large-scale mining, including Canadian mining investment. We join in the calls for the charges to be dropped and that the demands of the residents of Chubut be respected as they continue to peacefully organize.
Photo credit: Marco Antonio