© FRANCISCO PAREDES
Third
Until now, the plenary session of the Constitutional Convention had only approved a subsection of the work carried out by the Environment Commission so that it remains in the draft of the new Constitution. But this Friday several new articles were already incorporated, following being approved by two thirds of the plenary in general and in particular, so they become part of the proposal for the new Magna Carta.
In total, eight articles were approved this Friday that go directly to the draft. Meanwhile, two other articles did not obtain the required 103 votes in particular, but they did obtain more than 78 votes, so they must return to said commission so that modifications can be made.
Perhaps the most emblematic article that was approved this Friday, and that was mentioned on several occasions in the debate prior to the vote, is on the rights of nature. This topic is already mentioned in other articles that have been approved by the plenary session, but which were processed by other commissions. Here, instead, it is detailed what these rights consist of.
There Article 4, approved with 110 votes, establishes that “Nature has the right to respect and protect its existence, regeneration, maintenance and restoration of its dynamic functions and balances, which include natural cycles, ecosystems and biodiversity”.
It also says that “the State through its institutions must guarantee and promote the rights of Nature as determined by the Constitution and the Laws.”
The conventional and coordinator of the commission, Juan José Martin (INN), commented following the vote that he was “very happy with the floor that is achieved today” and described it as something “historic”, since “Chile consecrates the rights of the nature in its Constitution, the second country to achieve it following 14 years since the only one that had achieved it in 2008, and of course that added to the rights of animals that are consecrated today also in a special way, also unique in the world; the constitutionalized climate and ecological crisis is also unique in the world”.
In Vamos por Chile they were not satisfied with this article. The conventional Bernardo Fontaine commented that “several are good green norms, but they persist in that semi-magical belief of giving rights to nature, imitating Bolivia. Is Bolivia now the ideal Constitution that they want to offer Chileans? It is a confusing concept without legal depth that will bring us problems”.
Article 23, on animals, is precisely another of the issues that was frequently mentioned in the debate prior to the vote. there i know states that “animals are subject to special protection. The State will protect them, recognizing their sentiment, and the right to live a life free from abuse.”
The conventional and coordinator of the commission, Camila Zárate (Ind.), said that what was approved this Friday “represents a change in the paradigm, a change in the anthropocentric paradigm that told us that man is below God, and nature and the animals are at his service in a utilitarian way. Today we have recognized that nature has natural physical rights, the right to restoration, and we have guaranteed animals also as subjects of special protection, no longer as objects (…) and they will be guaranteed the right not to be mistreated.”
The conventionalists also gave the go-ahead to article 23B, which reads as follows: “The State protects biodiversity, and must preserve, conserve and restore the habitat of wild native species, in such quantity and distribution that adequately sustains the viability of its publications and ensures the conditions for its survival and non-extinction”.
For its part, article 20 that was approved, is regarding waste management, and says that “it is the duty of the State to regulate and promote the management, reduction and recovery of waste, in the manner determined by law.”
In article 26 the environmental principles were approved, where it is established that “these are principles for the protection of Nature and the environment, at least, the principles of progressiveness, precautionary, preventive, environmental justice, intergenerational solidarity, responsibility and action fair climate.
In addition, A paragraph was approved in article 1 on climate and ecological crisis, where it is stated that “it is the duty of the State to adopt actions of prevention, adaptation, and mitigation of the risks, vulnerabilities and effects caused by the climate and ecological crisis.”
Article 33 on environmental democracy was also approved, which “recognizes the right to informed participation in environmental matters. Participation mechanisms will be determined by law. All persons have the right to access environmental information that is in the possession or custody of the State. Individuals must deliver the environmental information related to their activity, in the terms established by law.
One of those that must now be discussed once more by the commission, because it does not reach two thirds, is the one referring to natural common goods. This result was expected, since there was no broad consensus among the groups.
Where there was suspense regarding whether it would reach the votes, it was in the article on responsible access to nature, which was finally rejected by 101 in favor, 31 once morest, and 21 abstentions, so now it must also return to the commission.
