Social-Environmental Conflicts in Chile: Is There Any Potential for an Ecological Constitution?

Social unrest is on the rise worldwide amid deepening inequalities, environmental degradation, and job crises worsened by increasing social-environmental conflicts. In Chile, a social revolt in 2019 resulted in a national referendum in 2020. An ample majority (78.3% vs. 21.7%) voted to draft a new constitution to replace the current constitution drawn up under dictatorship. The result led to the emergence and empowerment of several organizations demanding an “ecological constitution”. In this context, we aim to analyze: (1) the main social-environmental conflicts in Chile and how they are related to the country’s current constitution, and (2) the potential drafting of an ecological constitution that addresses these conflicts. Across different industries in Chile, we observed common problems that are intrinsically related to the current constitution. This relationship seems to be perceived by Chilean citizens since a survey carried out in May 2021 found 79% support for an ecological constitution. Moreover, 105 of the 155 delegates to the constitutional convention proposed three or more environmental principles to be included in the new constitution. A potential ecological constitution entails principles that would improve the current situation of social-environmental conflicts in Chile. Based on our analysis, we recommend the establishment of watershed-based “territorial rights” in the new Chilean constitution to improve sustainability and environmental justice.

Occupancy, Land Rights and the Algonquin Anishinaabeg

This article is about Indigenous territorial title and land rights, and specifically those of the Algonquin Anishinaabeg Nation. In 1983, the Algonquins of Pikwàkanagàn, residing in the province of Ontario, petitioned the Crown to recognize Algonquin territorial title and rights to 36,000 square kilometres of their natal homelands in the Ottawa River watershed. With negotiations beginning in the early 1990s, an Agreement-in-Principle was developed and ratified in 2016, the penultimate step to the largest modern treaty in Ontario's history. In this article, we examine the argument for moral rights to territory, not in terms of the Canadian or international legal order, nor even through examining the documents and voice of the Algonquin Anishinaabeg, but through the lens of an argument that has been advanced as the basis of the international territorial rights of states. We argue that the justifications for state rights territory—grounded in the considerations that ensue from an analysis of occupancy groups—provides a stronger claim to territorial jurisdiction and title in the case of the Algonquin Anishinaabeg Nation than the competing claim by the Canadian state.

Insular Peninsularities: Geography, demography and local identity in Sydney’s Northern Beaches and Sutherland Shire

In recent years there has been consideration of some peninsular areas as ‘almost-islands’ (presqu'îles, in French usage). Assertion of such status has usually relied on spatial configuration and the nature of transport links and/or border issues between the areas in question and adjacent regions. Bodies of land that are connected to mainlands by narrow isthmuses have been particularly prone to characterisation as ‘almost-islands’ but, to date, factors such as the perceived insularity of particular peninsulas within larger metropolitan areas have not featured as prominently in discussions. This article emphasises the latter with regard to the types of insularity perceived within two areas of Australia’s largest city, Sydney: its Northern Beaches and Sutherland Shire. These areas have been referred to in local and metropolitan media as ‘insular peninsulas’, a term distinctive to Australian English Language usage. Both are also known for their attractive beaches and swimming and surfing opportunities, factors that have contributed to local territorialism and related social tensions. Consideration of these two areas contributes to more general discussions of insular peninsularity by emphasising nuanced gradations involving factors such as socio-cultural homogeneity, local identity and perceived territorial rights.

Three Models of Territory

The chapter argues that regardless of whether a legal order has been established over a territory, possession of land itself already imposes obligations on persons outside the territory to respect it. She points out that possession of land also imposes duties on the holders of territory that are global in scope. It is therefore not possible to reduce territorial rights to claims of juridical independence in virtue of a state’s internal civil condition, although the existence of a legal order over a territory is an additional argument to the duty to respect a group’s occupation of land. This is because the internal legal order is only binding to its members, while occupation of land is binding to individuals and states already in the state of nature.

Buen vivir and the Making of Indigenous Territories in the Peruvian Amazon

Awajun, Wampis, and other Amazonian indigenous peoples in Peru have acquired title to the collective property of their native communities as a legal strategy for the defense of their ancestral territory. This strategy, however, has failed to stop the expansion of extractive industries and the degradation of their livelihoods. In response, indigenous peoples in the northern Amazon are proposing the legal recognition of their “integral territory” under a politics of buen vivir. This new model for territorial governance is aimed at transforming indigenous peoples from ethnic communities with property entitlements to nations with territorial rights. Los awajun, wampis y otros pueblos indígenas amazónicos en Perú han adquirido el título de propiedad colectiva de sus comunidades nativas como estrategia legal para la defensa de su territorio ancestral. Esta estrategia, sin embargo, no ha logrado detener la expansión de las industrias extractivas y la degradación de sus medios de vida. En respuesta, los pueblos indígenas del norte de la Amazonía proponen el reconocimiento legal de su “territorio integral” bajo una política de buen vivir. Este nuevo modelo de gobierno territorial tiene por objeto transformar a los pueblos indígenas de comunidades étnicas con derechos de propiedad a naciones con derechos territoriales.

Mapuche cosmovision and territorial rights: An interdisciplinary approach to understand the conflict of Wallmapu, Chile

The indigenous population of Latin America has been suffering from a sense of alienation since the arrival of Columbus in 1492 who referred to this land as “Nuevo Mundo”. There is a long history of environmental exploitation in Chile which has severely strained the relationship amongst the Mapuche community, the State and private entities (hydroelectric and timber industry). Although this conflict seems to be economic-productive associated with land, wherein land attains a “tangible material good”, in the Mapuche cosmovision, land (Mapu means land in Mapudungun, the language of Mapuche) acquires a connotation of “intangible material and immaterial good”. There is a profound imperceptible connection between nature and Mapuche and their traditions and culture are strongly rooted in the land. The industrial expansion has promoted a series of negative externalities like habitat fragmentation, loss of native forest, biodiversity reduction, water availability, etc. These affect the “idiosyncrasy” of this community (Mapuche-Nature relationship) and loss of their land could represent an identity loss. The Chilean indigenous policy appears to be inadequate and fail to recognize the socio-cultural and territorial rights for all indigenous peoples, including Mapuche, given the multidimensionality of the land under the indigenous cosmovision. The socio-political measures imposed by the Chilean government until now to make their life “modern” boomeranged alienating them further from society. This paper proposes to look at the territorial rights of the Mapuche with an interdisciplinary approach and focuses on developing the conceptual framework of Mapuche cosmovision of land and territory. The study follows a brief analysis of the historical context of the territorial conflict between the Chilean State and the Mapuche people and how the implementation of national and international normative framework on indigenous rights has not been effective in resolving this territorial conflict. The study tries to synthesize and talks about integrating the Mapuche land cosmovision in the socio-political discourse and be considered while formulating any land policy involving Mapuche and other indigenous peoples inhabiting in Chile in future. The discussions and analysis have been carried out through a comprehensive literature review and integrate an interdisciplinary approach to look at this issue, both from the philosophical perspective and from the socio-political policy framework of government.

Kazakh election raises questions about leadership

Significance The governing Nur Otan party won most seats and two tame allies were awarded a few. The importance of this election is that it offers pointers to how much power President Kassym-Jomart Tokayev wields. None of his promises of political liberalisation has been realised and it is unclear how serious he is about change. Impacts Askar Mamin's reappointment as prime minister points to general continuity -- or stasis. Tokayev will defend Kazakh nationhood in the face of Russian politicians casting doubt on its territorial rights. Trends as regards civil liberties and freedom of expression are retrograde in both the real and virtual spheres. The OPEC+ bloc's special deal allowing Kazakh oil output to rise by 10,000 barrels per day in February-March offers some economic relief.