Chilean Environmental Law: Citizen Participation and CONAMA’s Role
Chilean Environmental Law
Constitutional Foundation
The Chilean Constitution of 1980, Article 19, paragraph 8, guarantees the right to a pollution-free environment and mandates the State to protect this right and promote nature conservation.
Ley de Bases del Medio Ambiente
Article 1 of this law reinforces the right to a healthy environment and outlines the framework for environmental protection and preservation.
CONAMA: The National Environmental Commission
Organs of CONAMA
- The Board
- The Executive Advisory Council
- Regional Commissions of the Environment
Functions of CONAMA
- Submit environmental policies to the President
- Report on environmental legislation implementation
- Maintain a national environmental information system
- Finance environmental protection projects
CONAMA Concerns
- Integrating human environment considerations into decision-making
- Promoting cultural change towards environmental responsibility
Citizen Participation in Environmental Protection
Roles of Citizens
- Protecting the Environment: Preserving natural resources responsibly.
- Prevention of Environmental Degradation: Anticipating and mitigating environmental damage.
- Action: Actively participating in environmental care and improvement initiatives.
Barriers to Citizen Participation
- Lack of awareness of environmental laws and rights
- Lack of confidence in public service competence
- Insufficient opportunities for citizen involvement
CONAMA’s Approach to Citizen Participation
Law 19300, with its Environmental Database, provides opportunities for citizen representation in environmental decision-making, promoting shared responsibility across various sectors of society.
Citizen Rights Under Law 19,300
- Information: Access to decisions impacting quality of life.
- Search: Participation and input in decision-making processes.
- Claim: Right to appeal decisions and file complaints.
Proactive Environmental Responsibility
This concept emphasizes continuous improvement and taking responsibility for the environmental impacts of organizational behavior. It involves stakeholder engagement, prevention and control of negative impacts, and encouragement of positive ones. This responsibility extends beyond legal requirements and is voluntary in nature.