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Original article: Defender la Ley Lafkenche es exigir una mejor implementación, no menos derechos

By Miguel Calbucoy Levin, Representative of the Fün Tañi Kurruf Quinchao Indigenous Community

In recent weeks, there has been a strong push to modify the Lafkenche Law, which establishes the Coastal Marine Spaces of Indigenous Peoples (ECMPO), to address the challenges in coastal management.

However, from the perspective of indigenous communities who inhabit and seek to manage these territories in the future, the discussion seems to be misdirected. The issues currently observed do not stem from the law or the rights it acknowledges, but rather from the shortcomings of the State in implementing it in a timely and effective manner.

The law lays out clear procedures and deadlines, yet the State has not provided sufficient resources to meet them. If institutions like CONADI had more personnel and technical capabilities, many of the delays currently under scrutiny could be resolved without needing to amend a regulation that has enabled progress in participation, territorial protection, and coastal governance.

This situation raises concern that, instead of strengthening institutions, efforts are being made to undermine key tools like suspensive effects or to restrict access mechanisms to the ECMPO. The aim seems to be correcting a failure of the State by reducing rights that were specifically created to ensure the participation of indigenous peoples in decisions directly affecting their territories.

This discussion assumes even greater importance following President José Antonio Kast’s announcement to push for reforms to the Indigenous Law. It is difficult not to see a connection between these two debates. The Indigenous Law and the Lafkenche Law are two of the main instruments for recognizing rights for indigenous peoples in Chile, and today both are under scrutiny.

Most concerning is the notion that indigenous rights are at odds with economic development. The reality demonstrates the opposite. The ECMPO do not confer property rights over the sea, do not displace other users, and do not hinder productive activities. They serve as management areas that allow for various uses to be compatible and strengthen local participation.

Moreover, data shows that the existence of the ECMPO has not impeded economic growth. While their impact is questioned, the salmon industry has doubled its exports in the last decade, solidifying Chile’s position as the second-largest producer globally.

The real discussion is about what kind of development we want to promote. Do we want one that considers communities as legitimate stakeholders in territory management, or one that diminishes their rights when they conflict with short-term economic interests?

Modifying the Lafkenche Law will not solve the existing problems. What is needed is a State capable of appropriately enforcing the current law and enhancing participation spaces. Because what is at stake today is not just a norm, but the way Chile decides to relate to its territories, its ecosystems, and the peoples who have historically cared for them.

Miguel Calbucoy Levin, Fün Tañi Kurruf Quinchao Indigenous Community

La entrada Defending the Lafkenche Law: Advocating for Better Implementation, Not Fewer Rights se publicó primero en El Ciudadano.