Valparaíso Chile
A group of artisanal fishermen and members of the Women in Sacrifice Zone in Resistance organization exercised their right to have the environmental damage to the area where they live and work, caused by the activity of the Ventanas Industrial Complex, recognized and remedied .
The artisanal fishermen, organized in Fishermen's Unions, and the members of the Women in Sacrifice Zones in Resistance organization, represented by the Environmental Defense organization, are demanding recognition and redress for the environmental damage they have suffered as a result of the pollution of Quintero and Ventanas Bays. This environmental damage has been occurring for over 50 years due to the irresponsible activities of companies operating within the Ventanas Industrial Complex, which includes both private companies and two state-owned enterprises. The State is also being sued for negligence in its roles of granting the necessary permits and overseeing the projects located there, as well as for failing to update the regulations applicable to this activity in a timely manner.
Although the lawsuit does not specifically mention climate change, the case's relevance must be considered, as it relates to activities carried out at the Ventanas Industrial Complex, including coal- and oil-fired power plants, a copper smelter and refinery, cement production, gas storage, chemical processing, and the unloading of oil, coal, and copper concentrate, among other activities. Each of these activities generates emissions that not only affect air, soil, and water quality, especially marine biodiversity, which is the main source of economic sustenance for families and the health of the population, but also constitutes a significant source of greenhouse gases and compounds responsible for climate change.
The lawsuit states that the nature of the damage caused is complex, as it affects a community and an entire ecosystem, resulting from several actions carried out over a prolonged period by an industrial complex, making it impossible to attribute the damage to a particular company. The lawsuit did not specifically mention climate change.
- Union of independent workers, artisanal fishermen, shellfish divers and similar branches of Caleta Horcón, Ventanas.
- Women in Sacrifice Zones in Resistance Group.
- Aes Gener SA.
- Other private and state-owned companies.
- State of Chile.
The Ventanas Industrial Complex is defined as one of the largest industrial development hubs in Chile. Following its establishment, the municipality underwent drastic geographical, social, and cultural changes.
The community was predominantly agricultural and fishing-based. Agriculture provided supplemental income for fishermen until the late 1960s. Currently, agriculture is no longer a productive activity due to the contamination of pastures, land, and crops. Fishing, which used to involve diving and shellfish gathering, has now been reduced to the harvesting of a few specific species, which are also affected by pollution.
The pollution generated by the Ventanas Industrial Complex reaches the municipalities of Quintero, Concón and Puchuncaví, in the Valparaíso region.
Standards
- International Convention on Civil Liability and Damage Caused by Pollution of the Sea and Oil
- Political Constitution of Chile
- Law 19.300, on General Bases of the Environment
- Law 20.600, which creates the Environmental Courts
- Law 20.417, which creates the Ministry, the Environmental Assessment Service and the Superintendency of the Environment
- Chilean Civil Code
Beginning
- Precautionary
- Prevention
- The polluter pays
- In dubio pro-Natura.