Chile’s Salmon Industry Faces Indigenous Resistance and Legal Challenges
Punta Arenas, Chile – A battle is brewing in Chilean Patagonia between the rapidly expanding salmon farming industry and Indigenous communities striving to protect their ancestral lands and cultural heritage. At the heart of the conflict lies Law 20249, known as the Lafkenche law, a pioneering piece of legislation designed to empower Indigenous communities to protect coastal areas, but which is now facing fierce opposition and potential weakening.
The Kawésqar People and the Fight for Coastal Protection
The Kawésqar people, who inhabit the Kawésqar National Park – a 2.8 million-hectare protected area – are at the forefront of this struggle. Leticia Caro, a leader of the nomadic Kawésqar community Grupos Familiares Nómades del Mar, highlights the growing disregard for traditional sites, citing instances of people posting selfies with a naturally mummified woman discovered in a cave on Capitán Aracena island, a site considered sacred by the Kawésqar. openDemocracy reports that the mummy’s DNA matches that of the ancestral original peoples in Chilean Patagonia and the Kawésqar community.
Caro’s community, along with two others, are seeking the creation of a 300,000-hectare Indigenous Peoples’ Coastal Marine Area (ECMPO) to safeguard their traditions and protect against the environmental impacts of salmon farming. ECMPOs, established under the Lafkenche law in 2008, allow Indigenous communities to co-manage specific maritime and coastal areas, restricting new concessions for businesses like salmon farms, though existing operations are not immediately affected.
The Lafkenche Law Under Attack
Despite being internationally recognized as a progressive law for Indigenous rights, the Lafkenche law is facing a concerted effort to undermine its protections. A Senate committee recently backed an amendment that would limit the size of ECMPOs, require extensive upfront planning for applications – potentially burdening communities with significant costs – and prioritize business interests. Diario Constitucional details the proposed changes.
Representatives of the salmon industry argue that ECMPO applications represent “land grabs” and hinder economic development. However, Indigenous leaders emphasize that these spaces are vital for cultural preservation and traditional practices. “It is not just pollution: it is cultural interference, the destruction of memory that salmon companies are carrying out,” Caro stated.
Political Opposition and Industry Influence
Criticism of the Lafkenche law extends to the highest levels of Chilean politics. President José Antonio Kast has labeled the legislation a “tool for political blackmail” and advocated for its amendment. Former President Eduardo Frei also condemned the law, stating, “We have to kill the Lafkenche law because it is killing the salmon industry.”
Environmental lawyer Christian Paredes Letelier from Observatorio Ciudadano, suggests that these criticisms stem from “misinformation,” “discrimination and racism toward Indigenous communities.” He clarifies that the law aims to protect ancestral traditions, including the sea, rather than directly prohibiting salmon farming.
Lack of Reported Violations and Administrative Challenges
A Freedom of Information request submitted by Observatorio Ciudadano to Sernapesca, the Chilean state agency for fisheries, reveals that no complaints or reports of violations of the Lafkenche law have been filed since its enactment.
While the law itself is effective, Álvaro Montaña from the Center for the Study and Protection of Natural Heritage points to administrative delays as a key issue. ECMPO approvals are currently taking seven-and-a-half years, significantly exceeding the legislated two-and-a-half-year timeframe, due to a backlog of applications and insufficient public funding. However, Montaña believes this is an administrative problem that can be resolved.
Indigenous Communities Resist
An assembly of Lafkenche communities has already rejected the proposed amendment and called on the government to uphold their rights. The future of the Lafkenche law and the protection of Indigenous lands and cultural heritage in Chilean Patagonia, remains uncertain.
Humpback Whale Deaths Raise Environmental Concerns
Adding to the concerns, the deaths of two humpback whales near salmon grow-out centers belonging to Australis Mar and Cooke Aquaculture in October 2024 have drawn scrutiny. Seafood Source reports that environmental nonprofit Greenpeace Chile has filed a lawsuit regarding these deaths, and the Superintendence of the Environment (SMA) is investigating whether the whales became entangled in farm nets.
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