Projects with Indigenous Consultation totaling US $ 15,300 million in investment

8 septiembre, 2014
Indígenas entregan ultimátum al gobierno antes de acudir a la OIT por Convenio 169

Comunidades indígenas acudirían a la OIT por Convenio 169

Projects with Indigenous Consultation totaling US $ 15,300 million in investment.

Companies like Codelco, Endesa and BHP must face an indigenous consultation to validate projects.

After the backing of the Supreme Court to the development of indigenous consultation in Neltume project, owned by Endesa, the question to know what initiatives are linked to the ILO Convention 169 on indigenous peoples are arises.

According to the latest survey presented to Congress by the Department of Environmental Assessment (SEA), 26 investment initiatives are related to this commitment agreed with the ILO. Companies like Codelco, with its project Sulfides RT; Endesa with initiatives such as the transmission line of Punta Alcalde and Neltume itself (still pending), or BHP Billiton, with the operational continuity of Cerro Colorado, should be part of this consultation with indigenous peoples, which extends by law until 10 days after the company gets its environmental permit.

According to the latest map submitted by the government to the Environment Committee of the Chamber, projects in indigenous consultation process (CIP) totaling $ 15.3 billion in investment.

If it comes to analyzing this query linked to productive sectors, leads the ranking the energy industry, with 77% of the initiatives admitted to the assessment system. After mining appears, with 15% of environmental impact assessments park (EIA) admitted. Further back the pulp industry (4%) and reservoirs, for agriculture use (4%) appear.-

A new trend?

In its recent judgments by Convention 169, the Supreme Court has given a break to businesses, supporting this process that is the responsibility of the state and in which the holder is primarily interested in talking about the benefits of its project.

“It has been very important, first, to clarify when there is direct involvement and approval to the significant impacts of SEIA. And secondly, that the Supreme Court has determined that, except for the case of relocation, indigenous communities have no right to veto (Case Neltume), “says the partner of Arteaga Gorziglia, Ricardo Irarrázabal.

This adds to the decision of the Court of Appeals of Copiapo in the El Morro case, which established that indigenous communities are not only rights holders, but also the subject of obligations in relation to their participation in the consultation process.

“The court has outlined the idea that to proceed (consultation) there must be an effective and proven, and further involvement that good faith is a requirement for all parties involved,” says the former Assistant Secretary for Environment, Rodrigo Benitez .

Thus, the court’s opinion has been critical to establish whether there is indeed involvement or a mistaken interpretation to prosecute initiatives.

“What is clear is that the State, project owners, and communities have rights and obligations in relation to the query/consultation. There is a duty to act diligently and in good faith with a view to reaching agreement on any and all of the parties involved, “says the partner from FerradaNehme, Patricio Leyton.

Although the vast majority of experts maintain that there must be a period of “acclimatization” before asking for changes in the implementation of PCI, also voices expressing arise that need to be detailed in a better way the formal aspects of this vital process for obtaining an environmental permit.

“The SEIA regulation imposed in very general terms the environmental authority to design and develop a consultation process in good faith that consider appropriate mechanisms, namely the turns all responsibility to SEA (…). In our view, the absence of more detailed regulation on this matter and therefore greater discretionary of the authority in a field of yours complex as the query generates more space for discussion and consequently higher levels of conflict, “says the partner of Philippi Yrarrázaval Pulido & Brunner,Juan José Eyzaguirre.-

Source: Pulso

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