How the rejected Chilean constitution will protect glaciers

How the rejected Chilean constitution will protect glaciers

Chilean voters head to the polls on Sept. 4 to reject a sweeping new constitution This will significantly expand indigenous, environmental and social rights. The innovative provisions contained in the document include a series of provisions aimed at protecting glaciers and prohibiting mining in glacial environments. Some 7.88 million voted against the text, while 4.86 million voted in favour.

The nationwide “exit” referendum was the culmination of a legal process initiated by then-President Sebastian Pinera (2018-2022) and the 10 parties that signed the agreement. “Social Peace Agreement and New Constitution“November 15, 2019. With the first draft rejected, the whole process will start from scratch.

Cordón Mariano Moreno and the South Patagonian Icefield (© Paul Sass; used with permission)

Student protests that began on October 18, 2019, prompted the decision to create a new constitution, and subway fares rose by 30 pesos (about $0.04). The protests escalated in the ensuing weeks into a mass movement denouncing meritocracy, neoliberalism, social inequality and the retrogressive constitution left over from the Pinochet dictatorship (1973-1990).

Rosario Carmona, an anthropologist and postdoctoral researcher at the University of Bonn in Germany, said the protests have amplified the slogan “Not 30 pesos, but 30 years,” referring to the unfulfilled promise of democracy disillusionment”. Carmona added that dissatisfaction with the political system was fueled by rising economic inequality and “poor quality of public education and public health, private pension systems that put older people in very precarious conditions, areas of high pollution and sacrifice,” [and] Multiple social ecology and cross-cultural conflict. “

Protests in Puerto Montt in 2019 (Image credit: Natalia Reyes Escobar)

An “entry” referendum on October 25, 2020 asked Chileans if they wanted a new constitution. There was overwhelming support for the amendment to the constitution, with 5.9 million Chileans voting in favour and only 1.63 million against. Voters also approved a constitutional convention directly elected by citizens. Elections will be held in May 2021 to elect the 155 members of the Constituent Assembly. Gender equality was provided and 17 seats were reserved for indigenous representatives. The convention is then tasked with drafting and voting on the terms to be incorporated into the new constitution.

The Convention opens up avenues for public participation by individuals and civil society groups.This Chile Glacier Foundation (Chile Glacier Foundation) was one of the organizations selected to address the issue Commission on Environment, Natural Rights, Common Goods of Nature and Economic Models. Fundación Glaciares Chilenos makes a case for the importance of including glacier protection in the draft constitution. The group’s founder, Felipe Espinosa, commented in an interview that the group has struggled to explain in everyday language the hydrological, ecological, social and cultural importance of glaciers to Chilean society .

The final text was presented to President Gabriel Borrick and the public on July 4, 2022. The Convention adopted four provisions providing legal protection for glaciers (Articles 134, 137, 146 and 197). Fundación Glaciares Chilenos enthusiastically supported the campaign to gain approval, having worked hard over the years to highlight the urgent need Glacier method.

The draft constitution highlights human ecological well-being.It calls on the state to recognize and promote Good life (good life, or full happiness), environmental democracy, environmental justice, sustainable and harmonious development. It requires the nation to advance renewable energy and sustainable agriculture. It defends the human right to a healthy environment and clean air. Following Ecuador, this document establishes the inherent rights of nature at the highest level of legal protection. It states that ecosystems and biodiversity have the right to exist, sustain themselves and regenerate their functions and dynamics.

Fishing boats leave the Eisenfjords in Chilean Patagonia (© Eric H. Thomas; used with permission)

In Article 134, glaciers are identified as natural public goods (natural commons) together with territorial seas, atmosphere, forests, water bodies and protected areas and other entities. It imposes obligations on the state to protect and restore these public goods and, where appropriate, authorize their use as an individual and collective resource. Article 137 lists glaciers, glacial environments and their ecosystem functions as national safeguards. As such, the glacier has been given a clear and unusually prominent constitutional status.

The draft constitution establishes state sovereignty over mines, minerals and hydrocarbons, as well as the obligation to regulate mining in the public interest and environmental protection. Article 146 prohibits all mining activities on glaciers and protected areas. In addition, states have a responsibility to manage human activities associated with ecosystems to ensure equity, justice and intergenerational well-being. Article 197 stipulates that a territorial planning process should be carried out to give priority to the protection of watersheds, aquifers and glaciers.

Chuquicamata copper mine (Image credit: Diego Delso)

The Constitution empowers a new legal body, the Defensoría de la Naturaleza (Conservator of Nature), to examine possible violations of natural rights by public and private entities. Like other entities protected as natural public goods, glaciers will be granted new legal status, not just a resource to meet human needs. The text recognizes that natural public goods are an integral part of human well-being and must be protected for present and future generations.

Campaigns against the draft constitution have swept through every region of Chile, often with great advantage. While the October 2020 referendum reflected a strong demand for change, it prompted important comments on why the “approve” movement failed. Speaking for Fundación Glaciares Chilenos, Felipe Espinosa highlighted significant funding gaps that greatly support the “denial” movement, partisan media debates without accurate interpretation of the text, and a “misinformation campaign” that fuels fear. For Espinosa, when voters head to the polls, “fear is more important than hope” — “for example, hope for a better country.”

Murals in Chico, Chile (courtesy of Marcos Mendoza)

Since the vote, the Borrick government and lawmakers have begun discussions on how to move forward with a new draft constitution. This calls into question the strategies and priorities of glacier conservation advocates. Felipe Espinosa commented that the Chilean Glacier Foundation will continue to support legislative work in the House of Representatives to develop comprehensive glacier protection regulations. The group will also continue to fight for constitutional protection of the glacier. In an interview with GlacierHub, Espinosa said: “Unfortunately, the text was rejected, but obviously the composition process is still open. It is clear that we will be part of this new process to understand the environment in general. and glaciers will be part of this new text, just as they were in the previous text.”

Currently, glaciers in national parks are protected by law. However, glaciers outside the park may be affected by human activities, such as extractive projects in the mining industry. Rodrigo Gomez-Fell, PhD student in glaciology at the University of Canterbury, New Zealand, said: “The glaciers of the Andes are an important source of water for local communities and agro-industries in Chile’s central valley. Appropriate legislation will ensure that this resource is used sustainably and for future generations. reserved.” However, many questions remain about the dynamics of glaciers in the Andes. Gomez-Fell noted that further research is particularly needed to understand “the role of rock glaciers in the hydrological system of the arid regions of northern Chile.” He also said, “If these cisterns are not considered in the legislation, we face the problem of not protecting an important part of the Andean water cycle.”

Cerro El Plomo in the Andes (Image credit: Tees Michels)

Climate change is also having a major impact on Chile’s glaciers.Gonzalo Navarro, PhD student in Energy, Water and Environment at the University of La Serena, Chile, commented: “Like all ice bodies in the world, glaciers in Chile are strongly affected by climate change. However, this effect has been shown to be due to related to human activities [a] Albedo declines, mainly due to particulate matter from urban centers and [the] mining industry. “The protection of all frozen forms in Chile (glaciers and permafrost) requires a new law on glacial protection” to ensure their environmental function as short- and long-term water reserves, he added.

Chile’s glaciers cover an area of ​​approximately 23,700 square kilometers. 2017 Inventory. This roughly includes 82% of all glaciers in South America. The failure of a constitutional initiative that would have protected them has put not only Chile but the entire continent in more danger. However, the strong commitment of those working to protect glaciers offers hope for future action to promote sustainability and ensure strong legal protection of the glacial environment.

Mark Mendoza is an associate professor of anthropology at the University of Mississippi. His research focuses on social, political, legal and environmental issues in Patagonia and Mexico.His most recent book is The Sublime in Patagonia: The Green Economy and Post-Neoliberal Politics. He can be reached by email (mendoza@olemiss.edu) or on Twitter (@AnthroPatagonia).