Chile’s ‘more ecological’ Constitution is in jeopardy

Tension surrounding Sunday’s referendum in Chile lowered the content of the referendum. new Chilean Constitution. One of them has no regional precedent because Environmental problem as a fundamental obligation of the state and in a citizenship tool to face serious challenges climate change.

Built-in rights and obligations respond to long-term social concerns. According to that Center for Conflict and Social Cohesion Studies (COES), 7.68% of the 22,605 protests that shook the country between 2008 and 2020 were related to ecological issues. There have been 129 socio-environmental conflicts in the last two years. President Pablo Parra Soto Association of Forest Engineers for Native Foreststated that 44% of these actions were related to the following. this35% are located in the areas where they live indigenous communities and in the remaining 31% biodiversity.

Water is one of Chile’s biggest problems, before the work of the traditionalists who wrote the text. According to experts, 72% of Chile’s surface, inhabited by more than six million people, faces some kind of danger. drought and desertification risks. this Magna Carta It was enacted in 1981 by the military dictatorship (1973-1990), but considers water a social good, but is also a tradable good. 1% of property owners concentrate 79% of available water in that system.

Water is a human right

Article 57 represents a radical turn from the rules that have been in force for more than forty years.water human right and to adequate, healthy, acceptable, affordable and accessible sanitation”. Article 140 is also categorical: “The state should protect the waters”, all its states and phases and the hydrological cycle”. Statement 59 is detailed in this sense: it recognizes the right to “affordable and safe energy at a vital minimum”.

According to a group of researchers, Center for Climate Science and Resilience (CR)2, advances of the new Constitution on environmental and climate issues and good governance is crucial in relation to the current institutional framework. In an article published on the ‘El Mostrador’ portal, they noted that the Basic Charter “could lay the foundations for progress towards integrated climate management”.

The text, in article 128 principles of nature conservation “progressive, preventive, environmental justice, intergenerational solidarity, responsibility and fair climate action”. Whoever damages the environment, “has a duty to repair it without prejudice to the relevant administrative, criminal and legal sanctions” has been added. To ensure compliance with these new principles, Nature’s Defender It will be able to “supervise state bodies and private institutions fulfilling their obligations regarding environmental rights”. In contrast, the existing ones were given constitutional status. Environmental Courts.

The right to respect nature

this constitution It was written for a year within the framework of an Assembly dominated by the left and the centre-left. The right had no veto power. Most ‘fake news’ corrupted the content of articles that flooded the nets. The majority of Chileans who will vote on Sunday are unaware of what is contained in Article 103: “Nature has the right to preserve and maintain its own existence, regeneration, functions and dynamic balances that include natural cycles, ecosystems and biodiversity”. By the way, the following article the right to live in a “healthy and ecologically balanced environment”Section 105 states that “everyone has the right to fresh air throughout their life cycle”.

animal defense

Article 98 represents one of the Magna Carta’s greatest singularities: the sciences and technologies, their applications and research processes, bioethical principles of solidaritycooperation, responsibility and with full respect for human dignity” and “animal sensitivity”.

this new constitution laying the groundwork for combating climate change. As stressed in article 129, the State “should adopt actions to prevent, adapt and mitigate risks, vulnerabilities and impacts caused by the crisis.” Pamela Poo, Civil Society spokesperson for Climate Action, Magna Carta can be a reference for other relevant countries nature conservation. Despite these important developments, if the ballot boxes are approved, the base text could be rejected at the ballot box next Sunday.


Source: Informacion

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