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Original article: Comunidades de pueblos originarios llaman a proteger la Ley Lafkenche y alertan sobre el impacto de su modificación en los territorios costeros

Indigenous Communities Urge Protection of Lafkenche Law Amid Concerns Over Coastal Territory Impact

Amid the ongoing debate regarding potential amendments to the Lafkenche Law (20.249), and following a recent visit by Undersecretary of Fisheries, Osvaldo Urrutia, to Puerto Montt for the workshop «Dialog for the Future of the Coastal Edge,» indigenous communities from Atacama to Los Lagos have voiced their concerns about the direction of the discussions.

Although the government has not presented specific proposals for the law, it has indicated that the changes under consideration would focus on requests for Marine Coastal Spaces of Indigenous Peoples (ECMPO), the proportionality of the areas, and mechanisms for recognizing customary use.

In this context, the communities share a common concern: that the public discussion has centered around narratives of conflict and misinformation, overshadowing the concrete experiences of territories where ECMPOs already serve as tools for governance, conservation, and local development.

Therefore, they called for a broader conversation that goes beyond a purely productive perspective, emphasizing the historical relationship of communities with the sea, the protection of ecosystems, and coexistence with other economic activities.

ECMPOs Do Not Grant Ownership Over the Sea

One of the key points that communities seek to clarify is that ECMPOs do not imply private ownership of the coastal area nor exclude other users. The Indigenous Community of Encura Mapu in Carelmapu emphasizes that there is a significant gap between public narratives and the reality in the territories.

In this regard, they stress that ECMPOs allow for the development of coexistence agreements and shared management, reconciling economic activities, artisanal fishing, and territorial protection.

“The idea has been established that ECMPOs privatize the sea or hinder development, and this has generated fear and misinformation in many territories, complicating dialogue,” comments José Alberto Molina Hueichán, leader of the Indigenous Community of Encura Mapu in the Los Lagos region.

“However, our experience shows the opposite: community governance can coexist with productive activities and contribute to more sustainable development models, where balance exists between the economy, ecosystems, and communities,” adds the leader.

Furthermore, in other territories, the focus of the conversation is no longer solely on legislation but on defending ways of life deeply connected to the ocean.

From the Kawésqar Nomadic Family Groups of the Sea in Patagonia, the emphasis is placed on the idea that the defense of marine spaces also encompasses cultural and territorial defense. They argue that ocean protection must not be subordinated solely to industrial interests, especially in territories where communities maintain an ancestral connection with marine ecosystems.

Leticia Caro, a representative of the Kawésqar Nomadic Family Groups of the Sea, recalls that for them, «the sea is not a resource separate from our life or our culture. It is part of our memory, of our way of inhabiting the territory, and of our identity. Therefore, when we defend these spaces, we do so not from a technical or economic standpoint but from the lived experience of those historically tied to the sea. Territorial protection cannot be solely subordinate to industrial interests.»

Impact of the Salmon Farming Industry

In Aysén, indigenous communities and territorial organizations are also raising alarms about the impact of salmon farming and the imbalance in public debate. They point out that in many cases, discussions surrounding ECMPO have been captured by economic interests, limiting the possibility of opening broad conversations about the environmental, social, and political effects of the extractive model.

“Today many communities feel that the debate has been reduced to protecting short-term economic interests, while the impacts that certain industries have on ecosystems and local ways of life are made invisible,” states Nelson Millatureo from the Indigenous Community of Antünen Rain in Aysén.

“ECMPOs are not a threat to development; they are a tool for communities to participate in decisions regarding the territories they inhabit and have cared for for generations,” emphasizes Millatureo.

Engaging Youth and Urban Communities

In the Lago Budi area, Mapuche women’s organizations are currently working on strategies to bring these topics closer to youth and urban communities, using cultural content, local narratives, and the use of Mapudungun as a central part of territorial defense.

Together, the organizations agree that the current challenge requires reducing confrontation and opening broader spaces for conversation, avoiding frameworks of «them versus us» that deepen divisions.

“What is at stake is not just a law. What is at stake is how Chile decides to relate to the sea, with the territories, and with the communities that have historically cared for them,” highlights Andrea Soledad Reuca Neculman, representative of the Network of Indigenous Women for the Defense of the Sea – Lago Budi Coordination.

Given the previous context, and especially in a climate crisis and increasing pressure on marine ecosystems, communities called for any discussions about the Lafkenche Law to consider the experiences of the territories and move towards more participatory, sustainable, and long-term governance models.

It is important to remember that, at the national level, there are 31 Marine Coastal Spaces of Indigenous Peoples (ECMPO) approved by decree, while requests at various stages of processing exceed 75, primarily covering territories in Los Lagos and Aysén.

Amid the «suspensive effect,» averaging 4.5 years of waiting, the salmon farming industry has used this legal scenario as an argument to demand greater flexibility for its expansion. The economic performance of the sector shows that its growth has not stopped: in the last decade, salmon exports grew by over 100%, exceeding US$6.371 billion, solidifying Chile as the second-largest producer worldwide.

We will continue to provide updates.

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