Water and the Chilean Constitution: A Turning Point for Environmental Rights
Growing tensions ahead of Sunday’s referendum in Chile affected how the proposed new constitution was framed, especially regarding environmental rights as a core obligation of the state and as a citizenship tool to confront climate change. The text sketches a framework where built-in rights and duties address long-term social concerns, reflecting a shift in how the nation views its natural resources and responsibilities toward future generations.
According to the Center for Conflict and Social Cohesion Studies (COES), ecological issues played a role in 7.68% of the 22,605 protests recorded between 2008 and 2020. In the last two years, 129 socio-environmental conflicts have been noted, with 44% linked to local communities, 35% connected to indigenous territories, and 31% tied to biodiversity concerns in various regions. The environmental stakes are clear, and the reform signals a move toward more participatory and accountable governance in these matters.
Water emerges as one of Chile’s most pressing challenges. Experts note that 72% of Chile’s surface, home to more than six million residents, faces drought or desertification risks. The Magna Carta, enacted in 1981 under the military dictatorship, treated water as both a social good and a tradable commodity, a duality that has shaped policy for decades. Notably, a small percentage of property owners controls a large share of available water, highlighting inequities in access and governance.
Water as a Human Right
Article 57 marks a radical departure from the old framework, declaring water a human right and guaranteeing adequate, healthy, acceptable, affordable, and accessible sanitation. Article 140 asserts a clear responsibility: the state must protect water in all its states, phases, and the hydrological cycle. Article 59 further reinforces the commitment by recognizing the right to affordable and safe energy at a vital minimum, aligning basic needs with state obligations.
Researchers from the Center for Climate Science and Resilience (CR2) argue that advancing environmental and climate governance within the new constitution could strengthen the nation’s institutional framework. In coverage from the El Mostrador portal, scholars suggested that the Basic Charter has the potential to lay foundations for integrated climate management and more coherent policy implementation.
In a social media briefing, experts discussed water governance provisions within the proposed constitution, noting the explicit recognition of two fundamental water rights in Articles 57 and 58. The dialogue around these provisions reflects a broad desire to ensure sustained access to water as a public good while addressing the needs of communities affected by scarcity and governance gaps.
The drafting of the constitution emphasizes principles of nature conservation, including progressive, preventive, and environmental justice orientations, as well as intergenerational solidarity, responsibility, and fair climate action. Those who harm the environment would have a duty to repair it, with sanctions laid out through relevant administrative and legal channels. A body named Nature’s Defender would supervise state bodies and private institutions to ensure compliance with environmental rights, complementing existing constitutional guarantees and the potential establishment of specialized Environmental Courts.
Respect for Nature
The constituent process unfolded within a political landscape dominated by left-leaning and center-left forces, with limited veto power from the right. Public awareness varied, and misinformation circulated about the contents of various articles. Notably, Article 103 proclaims that nature itself possesses the right to preserve and maintain its own existence, regeneration, and the balance of ecological systems, while Article 105 guarantees everyone the right to a healthy and ecologically balanced environment throughout life. These provisions aim to embed environmental integrity into daily life and long-term policy in a tangible way.
Animal Welfare Clause
Article 98 stands out for its emphasis on science, technology, and bioethical principles rooted in solidarity and human dignity, including explicit recognition of animal sensitivity within the broader framework of environmental governance. This clause signals a commitment to humane treatment, ethical research, and responsible innovation aligned with societal values.
Advocates argued that the climate crisis brings significant risks, and the proposed constitution would better prepare the country to confront them through proactive measures. Supporters highlighted how Magna Carta could serve as a reference point for other nations seeking strong environmental governance, while acknowledging that the ultimate fate of these provisions depended on the ballot outcomes and subsequent implementation.
In the writings surrounding the draft, Article 129 is highlighted as a pledge for the state to adopt actions to prevent, adapt, and mitigate climate-related risks, vulnerabilities, and impacts. Spokespersons for civil society stressed the potential for the new framework to advance nature conservation and climate resilience, while also noting that outcomes would hinge on public votes and the political process that follows.