Chile: new laws introduce elements of ecocide definition
Summary:
Significant new environmental legislation passed in Chile
New laws praised by environmental advocates for bringing coherence to a previously ‘scattered’ set of crimes aimed at punishing environmental harms
Several important elements of the international definition of ecocide can be found in the reforms, including an emphasis on the prevention (as well as punishment) and an approach that seeks to protect nature in and of itself, irrespective of human impact.
On August 17, a new law, Law 21.595 was published in Chile. It modifies the Penal Code in terms of economic crimes and incorporates a new section on "Attacks against the environment", which includes several elements of the legal definition of ecocide formulated by the Independent Expert Panel, convened by Stop Ecocide Foundation in 2021.
According to the organisation Chile Sin Ecocidio, "This is undoubtedly the biggest reform to the Chilean Penal Code in the last decade". They point out that, among other virtues, this legal modification systematises crimes against the environment in the Penal Code which, until now, "were scattered across different legal bodies".
These new environmental crimes severely punish those who violate existing environmental regulations with "serious environmental damage¹” now “punishable by up to 10 years' imprisonment.
Rodrigo Lledó, Director of Stop Ecocide Americas and member of the Independent Expert Panel on the Legal Definition of Ecocide, said:
"This law incorporates several important elements of the international definition of ecocide. In addition to putting the emphasis on prevention and incorporating an ecocentric approach, it considers that nature is worthy of legal protection in and of itself and not just when humans are affected. Undoubtedly, this is a substantial improvement in the legal protection for the environment in Chile. It is particularly noteworthy given that there are several current bills based on the international definition of ecocide or that directly seek to incorporate this crime into domestic law, for example in Belgium, Italy and the Netherlands in Europe, and in Mexico, Brazil and Argentina in Latin America.”
Jojo Mehta, Co-Founder and Director of Stop Ecocide International, welcomed this new legislation, which is in line with the main elements of the definition of ecocide promoted by Stop Ecocide International and recalled that Pope Francis, in his recent encyclical "Laudate Deum", has again called on world leaders to adopt "effective global norms". She commented, “We must improve legal protection at both national and international levels, as the two are complementary in order to address the real dangers facing humanity in a coordinated manner. Preventing severe and widespread or long-lasting environmental damage is an indispensable step towards a safer and truly sustainable world. We will continue to work at national, regional and international levels, until ecocide becomes an international crime."
¹ This new Chilean regulation considers that a severe impact occurs when there are adverse changes to any of the components of the environment, taking into account the spatial range and the ecological or geographical characteristics of the affected area, its prolonged effects over time, if the damage is difficult to repair or irreversible, reaches a significant number of species, or species in danger of extinction, or puts the health of one or more people at serious risk, among others.