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ENVIRONMENTAL MANAGEMENT IN CHILE - REPORT
November 1996
PART V
Conclusion
The purpose of this report is to provide Canadians with
a better understanding of Chile's approach to environmental
management. Development of a modern framework for environmental
protection, based on the concept of sustainable development, is
underway in Chile. Through initiatives undertaken in the last
three years, in particular, the establishment of Chile's National
Environmental Commission (CONAMA) and the Environmental Framework
Law, the groundwork has been laid for a program of comprehensive
environmental management.
The credibility of the Chilean approach depends on the success
of CONAMA in discharging its mandate to coordinate the
development of environmental standards and regulations, to
coordinate enforcement and compliance and to oversee the
environmental impact assessment process. (Mandatory application
of the environmental impact assessment system, currently applied
on a voluntary basis, is critical to the Chile's ability to
protect the environment.) As a coordinating body, without the
status of a ministry, CONAMA has a tough job in advancing
environmental protection in areas which have traditionally fallen
within the jurisdictions of government ministries and where there
are often competing interests. In the short term, additional
financial and human resources, support from the ministries, and
political support will be critical to CONAMA's success. In the
longer term, Chile may find that the consolidation of the
responsibility for environmental conservation and protection
within a single environment ministry with its own voice at the
cabinet table would be a more effective approach.
The modernization of Chile's environmental management system
will require the completion of a major overhaul of existing
environmental legislation as well as the development of new
standards and regulations. In the past, there was little
coherence in the development or consistency in the application of
environmental laws and standards across ministries. Chile has
literally hundreds of environmental laws on the books. Many of
these laws are obsolete, unenforceable, contradictory or
duplicative. In many cases regulations do not fulfil the intent
of the law or are lacking altogether. New, up-to-date legislation
is required to address some environmental problems. (For example,
current legislation of industrial and domestic wastes discharged
into water bodies could be improved.)
Chile is working to improve its enforcement regime.
Responsibility for enforcement of environmental laws is spread
throughout various government ministries and their agencies, the
police force, and municipal governments. Resources, including
qualified personnel, to conduct inspections, collect and analyse
data, are limited across these agencies.
Canada-Chile Agreement on Environmental
Cooperation
International commitments can be a positive force for
environmental protection in Chile. The Canada-Chile Agreement on
Environmental Cooperation, which is based on the NAFTA
environmental side agreement, will have a positive impact. It
promotes openness, transparency, and accountability. The
Agreement contains an explicit commitment to effectively enforce
environmental laws. Moreover, it provides specific remedies that
can be used by citizens, non-government organizations, and the
Governments of Canada and Chile to ensure the effective
enforcement of environmental laws. In Chile, this commitment has
created the political momentum required to modernize its
environmental laws. Chile has committed to complete this task
within two years of the entry into force of the Agreement.
The Canada-Chile Agreement on Environmental Cooperation also
contains a commitment to cooperate on environmental matters,
building on ongoing cooperative initiatives. The annual program
of work, to be undertaken according to the Agreement, will
promote joint initiatives in areas of mutual concern. It will
facilitate access to expertise that will assist Chile in
strengthening its environmental management capabilities.
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