Landmark Declaration of Rights Safeguards Biobío River in Chile
"A paradigm shift is necessary," said an advocacy group. "Let's recognize now that the Biobío River has value in itself."
Biodiversity and Rights of Nature defenders celebrated a "historic moment" on Wednesday as communities in Chile joined advocacy groups in launching the first Declaration of Rights protecting an ecosystem in the South American country, with the document aiming to safeguard "the rights of Chile's Biobío River against mounting environmental threats."
Communities located along the river—the second-longest in the country—joined environmental advocates, Indigenous tribes including the Pehuenche and Lafkenche people, and scientists in several months of "participatory dialogues" to determine how to protect the Biobío River from industrialization and other threats to the countless species it supports and to the river itself.
International Rivers, a group dedicated to protecting free-flowing rivers around the globe, said that the "cornerstone of the declaration lies in its profound acknowledgment of the intrinsic value held by the Biobío River" and its right to flow unimpeded by hydroelectic projects, disruptions to the riverbed, and other activities.
The Declaration of Rights affirms the river's right to:
- Adequate flow to sustain the health of surrounding ecosystems;
- Unhindered flow and connectivity from the mountains to the sea;
- Preservation of structural integrity, vital functions, and evolutionary processes;
- Safeguarding native biodiversity; and
- Ongoing regeneration and restoration efforts, fostered through enduring partnerships with riverside communities.
Another proposed plant is in the planning stages, and like the others would "jeopardize the river's flow and water quality, resulting in loss of native biodiversity and affecting fish migration and ultimately leading to irreversible damage," said International Rivers.
The riverbed structure and water quality have also suffered from both legal and illegal extraction of boulders, rubble, gravel, and sand that have been taken for use in construction, and ecosystem defenders have warned about the negative impact of proposed road infrastructure projects in the Biobío region.
Projects including the Concesión Vial Puente Industrial, a viaduct and road connection, and road projects such as Costa Mar and Costanera "would cause the total destruction of the wetlands of these localities," said the group.
"These developments underscore the inadequacy of the national legal framework in ensuring the protection of riparian ecosystems and citizen participation, lacking international standards that prioritize sustainable development in harmony with nature," said International Rivers.
Alejandro Gatica, a member of the community group Defensa Ribera Norte Chiguayante, said the Declaration of Rights "revalues and protects the water network," which is "in an environmental crisis due to extractivist actions on its banks, with uncontrolled logging, lack of protection of its wetlands, and the coastal project that threatens to intervene in its structure."
In a video about the Declaration of Rights, International Rivers said the Biobío "has been sadly silenced" by industrialization, despite the crucial support it provides to "multiple ecosystems and countless riverine and terrestrial species, many of them endemic," in addition to "water security and food sovereignty of its riparian communities for whom it is a crucial element in agriculture, fishing, and tourism."
"When we deny its right to flow we are silencing it. When we pollute, exploit, degrade, and urbanize it we are silencing it. When we block its access and connection to communities we are silencing it," said the group. "A paradigm shift is necessary. Let's recognize now that the Biobío River has value in itself."
The launch of the declaration "signifies a pivotal moment," said Monti Aguirre, Latin America program director of International Rivers.
"This initiative underscores our shared dedication to preserving this vital ecosystem amidst mounting destructive pressures," said Aguirre. "The well-being of the Biobío River, along with that of surrounding communities, is imperiled by the pressures imposed on its ecosystem, stemming from established dams such as Ralco, Pangue, and Angostura, as well as proposed hydro-projects and extractive activities."
The recognition of the waterway's rights is "a bridge that not only guarantees the inherent value of rivers and natural entities, but is also key to the full realization of the human rights of their communities," said Constanza Prieto Figelist, Latin America director for Earth Law Center.
The international Rights of Nature movement has celebrated several victories in South America in recent months, including a court decision in Peru that granted rights to the Marañón River and a ruling in Ecuador that found pollution violated the rights of the Machángara River.
"The Rights of Nature favor the incorporation of more powerful standards of environmental protection and citizen participation in environmental issues through, for example, the figure of representatives or guardians of nature," she said. "Likewise, comparative experience shows that they are a powerful instrument for combating activities that favor biodiversity loss or climate change."
