Environmental Policies
#22Key Findings
After considerable strides in recent years, Chile falls into the middle ranks (rank 22) with regard to environmental policies. Its score in this area has improved by 0.9 points relative to 2014.
Environmental institutions have been modernized in recent years, with oversight bodies becoming increasingly effective. However, policy is oriented toward international market requirements rather than toward sustainability. While industrial interests have considerable influence, particularly in the fields of water use and forestry, courts have often halted development on environmental grounds.
A green tax has been in place in the energy sector since 2017. A bill containing an emissions-reduction and climate-governance system has been in the works for some time. The bill foresees carbon neutrality by 2050.
The capital city, Santiago, has implemented a number of initiatives aimed at diminishing air pollution and promoting sustainable public transport. The country implements and finances South-South and triangular environmental cooperation projects, but these are typically small compared to other OECD-member projects.
Environmental institutions have been modernized in recent years, with oversight bodies becoming increasingly effective. However, policy is oriented toward international market requirements rather than toward sustainability. While industrial interests have considerable influence, particularly in the fields of water use and forestry, courts have often halted development on environmental grounds.
A green tax has been in place in the energy sector since 2017. A bill containing an emissions-reduction and climate-governance system has been in the works for some time. The bill foresees carbon neutrality by 2050.
The capital city, Santiago, has implemented a number of initiatives aimed at diminishing air pollution and promoting sustainable public transport. The country implements and finances South-South and triangular environmental cooperation projects, but these are typically small compared to other OECD-member projects.
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How effectively does environmental policy in your country protect and preserve the sustainability of natural resources and environmental quality?
10
9
9
Environmental policy goals are ambitious and effectively implemented as well as monitored within and across most relevant policy sectors that account for the largest share of resource use and emissions.
8
7
6
7
6
Environmental policy goals are mainly ambitious and effectively implemented and are monitored within and across some of the relevant policy sectors that account for the largest share of resource use and emissions.
5
4
3
4
3
Environmental policy goals are neither particularly ambitious nor are they effectively implemented and coordinated across relevant policy sectors.
2
1
1
Environmental concerns have been largely abandoned.
In general terms, environmental-policy goals tend to be ambitious, especially when taking into account the country’s economic structure and dependence on natural resources. As several studies show, Chile is highly vulnerable to the effects of climate change. For this reason, the country has initiated an active climate agenda coordinated by the Ministry of the Environment and the Council of Ministers for Sustainability, which includes mitigation and adaptation measures by various sectoral authorities.
Chile has an efficient but scarcely restrictive environmental regulatory system. From 2010 onwards, it has boasted a modern environmental institutional system. For example, the former National Commission for Environmental Issues (Comisión Nacional del Medio Ambiente) was upgraded to the Ministry of Environment (Ministerio del Medio Ambiente). Some progress has been achieved regarding the creation and implementation of complementary institutions, such as environmental tribunals (Tribunales Ambientales) and a chairperson for the environment (Superintendencia Ambiental). In September 2016, Chile signed the Paris Agreement on climate change, which was ratified in January 2017.
However, Chilean environmental policy prioritizes compliance with standards required by international markets, and thus does not necessarily focus on non-commercial aspects like ecological and social sustainability. In addition, Chilean environmental policy is also subject to major domestic political pressure by the industrial sector, especially in the field of water and forestry use and regulation. This constraint often leads to clashes over the protection, preservation and sustainability of natural resources and the quality of the environment. The judiciary has often acted to stop investments and projects, citing ecological sustainability issues. Tangible environmental-policy impacts on the productive sectors tend to take the form of ex post fines (applied once the law has been violated) rather of preventive regulations and compliance. This weakness can be observed, for example, in the fishery industry. In the field of agriculture and mining, water-use rights and their environmental, social and economic impact have become a prominent public issue. However, especially in the field of water-use rights, environmental concerns are often not integrated across relevant policy sectors.
Chile has imposed a green tax on the energy sector since 2017 with the goal of lowering CO2 emissions and favoring ecologically efficient production. The country is poised to enact a climate change law (Proyecto de Ley Marco de Cambio Climático, PLMCC) intended to establish a more effective climate governance system and reduce carbon-dioxide emissions. A preliminary draft of the law proposal has been drafted, and was introduced into the Congress in August 2020. With this PLMCC, Chile is seeking to become carbon neutral by 2050.
A number of recent initiatives in the capital city of Santiago have been taken with the aim of diminishing air pollution, promoting a more sustainable public transport system (e.g., the implementation of electric buses and a significant increase in bicycle paths). Furthermore, regulations governing the protection of urban wetlands were modified.
During his first term as president (2010-2014), Piñera supported and actively participated in the Escazú Agreement, a regional agreement on access to information, public participation and justice in environmental matters in Latin America and the Caribbean. However, the country did not ultimately ratify the agreement. According to official statements, the postponement was needed in order to further review the possibility of litigation before the International Court of Justice under the Pact of Bogotá. However, the so-called Pandora Papers revealed that the president’s sons had business interests in the Minera Dominga mining project that might have been complicated if the agreement had entered into force. This fact changed the public’s perspective on the government’s decision not to sign the Escazú Agreement.
Citations:
Supervisory Board for the Environment (Superintendencia del Medio Ambiente), http://www.sma.gob.cl, last accessed: 13 January 2022.
Ministry of Environment (Ministerio del Medio Ambiente), https://mma.gob.cl, last accessed: 13 January 2022.
On the climate change law (Proyecto de Ley Marco de Cambio Climático – PLMCC), https://leycambioclimatico.cl/leyccchile, last accessed: 13 January 2022.
On the Escazú-Agreement:
United Nations (UN) Economic Commission for Latin America and the Caribbean (ECLAC), https://www.cepal.org/es/acuerdodeescazu, last accessed: 13 January 2022.
Centro de Investigación Periodística (CIPER), “La importancia de las regiones en la política ambiental: un análisis crítico a partir del acuerdo de Escazú”, 18 January 2021, https://www.ciperchile.cl/2021/01/18/la-importancia-de-las-regiones-en-la-politica-ambiental-un-analisis-critico-a-partir-del-acuerdo-de-escazu, last accessed: 13 January 2022.
On the Pandora Papers and its linkage to the Minera Dominga mining project:
Radio Universidad de Chile, “Acuerdo de Escazú: la cuestionada negativa de la administración Piñera que reflota con los Pandora Papers”, 8 October 2021, https://radio.uchile.cl/2021/10/06/acuerdo-de-escazu-la-cuestionada-negativa-de-la-administracion-pinera-que-reflota-con-los-pandora-papers, last accessed: 13 January 2022.
Centro de Investigación Periodística (CIPER), “Pandora Papers: Familias Piñera y Délano sellaron millonaria compraventa de Minera Dominga en Islas Vírgenes Británicas”, 3 October 2021, https://www.ciperchile.cl/2021/10/03/pandora-papers-familias-pinera-y-delano-sellaron-millonaria-compraventa-de-minera-dominga-en-islas-virgenes-britanicas/, last accessed: 13 January 2022.
Chile has an efficient but scarcely restrictive environmental regulatory system. From 2010 onwards, it has boasted a modern environmental institutional system. For example, the former National Commission for Environmental Issues (Comisión Nacional del Medio Ambiente) was upgraded to the Ministry of Environment (Ministerio del Medio Ambiente). Some progress has been achieved regarding the creation and implementation of complementary institutions, such as environmental tribunals (Tribunales Ambientales) and a chairperson for the environment (Superintendencia Ambiental). In September 2016, Chile signed the Paris Agreement on climate change, which was ratified in January 2017.
However, Chilean environmental policy prioritizes compliance with standards required by international markets, and thus does not necessarily focus on non-commercial aspects like ecological and social sustainability. In addition, Chilean environmental policy is also subject to major domestic political pressure by the industrial sector, especially in the field of water and forestry use and regulation. This constraint often leads to clashes over the protection, preservation and sustainability of natural resources and the quality of the environment. The judiciary has often acted to stop investments and projects, citing ecological sustainability issues. Tangible environmental-policy impacts on the productive sectors tend to take the form of ex post fines (applied once the law has been violated) rather of preventive regulations and compliance. This weakness can be observed, for example, in the fishery industry. In the field of agriculture and mining, water-use rights and their environmental, social and economic impact have become a prominent public issue. However, especially in the field of water-use rights, environmental concerns are often not integrated across relevant policy sectors.
Chile has imposed a green tax on the energy sector since 2017 with the goal of lowering CO2 emissions and favoring ecologically efficient production. The country is poised to enact a climate change law (Proyecto de Ley Marco de Cambio Climático, PLMCC) intended to establish a more effective climate governance system and reduce carbon-dioxide emissions. A preliminary draft of the law proposal has been drafted, and was introduced into the Congress in August 2020. With this PLMCC, Chile is seeking to become carbon neutral by 2050.
A number of recent initiatives in the capital city of Santiago have been taken with the aim of diminishing air pollution, promoting a more sustainable public transport system (e.g., the implementation of electric buses and a significant increase in bicycle paths). Furthermore, regulations governing the protection of urban wetlands were modified.
During his first term as president (2010-2014), Piñera supported and actively participated in the Escazú Agreement, a regional agreement on access to information, public participation and justice in environmental matters in Latin America and the Caribbean. However, the country did not ultimately ratify the agreement. According to official statements, the postponement was needed in order to further review the possibility of litigation before the International Court of Justice under the Pact of Bogotá. However, the so-called Pandora Papers revealed that the president’s sons had business interests in the Minera Dominga mining project that might have been complicated if the agreement had entered into force. This fact changed the public’s perspective on the government’s decision not to sign the Escazú Agreement.
Citations:
Supervisory Board for the Environment (Superintendencia del Medio Ambiente), http://www.sma.gob.cl, last accessed: 13 January 2022.
Ministry of Environment (Ministerio del Medio Ambiente), https://mma.gob.cl, last accessed: 13 January 2022.
On the climate change law (Proyecto de Ley Marco de Cambio Climático – PLMCC), https://leycambioclimatico.cl/leyccchile, last accessed: 13 January 2022.
On the Escazú-Agreement:
United Nations (UN) Economic Commission for Latin America and the Caribbean (ECLAC), https://www.cepal.org/es/acuerdodeescazu, last accessed: 13 January 2022.
Centro de Investigación Periodística (CIPER), “La importancia de las regiones en la política ambiental: un análisis crítico a partir del acuerdo de Escazú”, 18 January 2021, https://www.ciperchile.cl/2021/01/18/la-importancia-de-las-regiones-en-la-politica-ambiental-un-analisis-critico-a-partir-del-acuerdo-de-escazu, last accessed: 13 January 2022.
On the Pandora Papers and its linkage to the Minera Dominga mining project:
Radio Universidad de Chile, “Acuerdo de Escazú: la cuestionada negativa de la administración Piñera que reflota con los Pandora Papers”, 8 October 2021, https://radio.uchile.cl/2021/10/06/acuerdo-de-escazu-la-cuestionada-negativa-de-la-administracion-pinera-que-reflota-con-los-pandora-papers, last accessed: 13 January 2022.
Centro de Investigación Periodística (CIPER), “Pandora Papers: Familias Piñera y Délano sellaron millonaria compraventa de Minera Dominga en Islas Vírgenes Británicas”, 3 October 2021, https://www.ciperchile.cl/2021/10/03/pandora-papers-familias-pinera-y-delano-sellaron-millonaria-compraventa-de-minera-dominga-en-islas-virgenes-britanicas/, last accessed: 13 January 2022.
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To what extent does the government actively contribute to the design and advancement of global environmental protection regimes?
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9
9
The government actively contributes to international efforts to design and advance global environmental protection regimes. In most cases, it demonstrates commitment to existing regimes, contributes to their being advanced and has introduced appropriate reforms.
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7
6
7
6
The government contributes to international efforts to strengthen global environmental protection regimes. It demonstrates commitment to existing regimes and occasionally contributes to their being advanced and/or has introduced some appropriate reforms.
5
4
3
4
3
The government demonstrates commitment to existing regimes, but does not contribute to their being advanced and has not introduced appropriate reforms.
2
1
1
The government does not contribute to international efforts to strengthen global environmental protection regimes.
The government demonstrates commitment to existing regimes and international efforts but it is not a genuine promoter of global environmental protection. There has been at least one specific initiative regarding the protection of Antarctica. However, in general terms, the government neither initiates significant reforms nor plays a leading role in their advancement within the international community. Chile signed the Paris Agreement on climate change in September 2016, which was ratified by Congress in January 2017.
Working typically through the Chilean Development Agency, Chile implements and finances (albeit to a lesser extent) regional South-South and triangular cooperation projects in the field of environmental protection and energy efficiency. Nevertheless, given the country’s size, those cooperation projects tend to be rather small in comparison to those supported by other OECD member countries.
Although the country was scheduled to host the 25th United Nations Climate Change Conference in December 2019, due to the social crisis of October 2019, President Piñera refrained from organizing the summit. The original intention to host the event can be interpreted as expressing an ambition to play a more active role in global environmental protection initiatives. At the same time, as of the end of the review period, Chile had not yet signed the regional Escazú Agreement on access to information, public participation and justice in environmental matters in Latin America and the Caribbean.
Citations:
Ministry of Environment (Ministerio del Medio Ambiente), https://mma.gob.cl, last accessed: 13 January 2022.
On the Escazú-Agreement:
United Nations (UN) Economic Commission for Latin America and the Caribbean (ECLAC), https://www.cepal.org/es/acuerdodeescazu, last accessed: 13 January 2022.
OECD International Programme for Action on Climate – Data set on Chile:
Organisation for Economic Co-operation and Development (OECD), https://www.oecd.org/climate-action/ipac/dashboard?country=CHL, last accessed: 13 January 2022.
OECD Environmental Performance Reviews:
Organisation for Economic Co-operation and Development (OECD), Chile 2016, July 2016, https://www.oecd.org/chile/oecd-environmental-performance-reviews-chile-2016-9789264252615-en.htm, last accessed: 13 January 2022.
Working typically through the Chilean Development Agency, Chile implements and finances (albeit to a lesser extent) regional South-South and triangular cooperation projects in the field of environmental protection and energy efficiency. Nevertheless, given the country’s size, those cooperation projects tend to be rather small in comparison to those supported by other OECD member countries.
Although the country was scheduled to host the 25th United Nations Climate Change Conference in December 2019, due to the social crisis of October 2019, President Piñera refrained from organizing the summit. The original intention to host the event can be interpreted as expressing an ambition to play a more active role in global environmental protection initiatives. At the same time, as of the end of the review period, Chile had not yet signed the regional Escazú Agreement on access to information, public participation and justice in environmental matters in Latin America and the Caribbean.
Citations:
Ministry of Environment (Ministerio del Medio Ambiente), https://mma.gob.cl, last accessed: 13 January 2022.
On the Escazú-Agreement:
United Nations (UN) Economic Commission for Latin America and the Caribbean (ECLAC), https://www.cepal.org/es/acuerdodeescazu, last accessed: 13 January 2022.
OECD International Programme for Action on Climate – Data set on Chile:
Organisation for Economic Co-operation and Development (OECD), https://www.oecd.org/climate-action/ipac/dashboard?country=CHL, last accessed: 13 January 2022.
OECD Environmental Performance Reviews:
Organisation for Economic Co-operation and Development (OECD), Chile 2016, July 2016, https://www.oecd.org/chile/oecd-environmental-performance-reviews-chile-2016-9789264252615-en.htm, last accessed: 13 January 2022.