Chile rewrites its constitution, confronting climate change head-on

And so it falls to the Constitutional Convention to decide what kind of country Chile wants to be. Convention members will decide many things, including: How should mining be regulated, and what voice should local communities have over mining? Should Chile retain a presidential system? Should nature have rights? How about future generations?

Around the world, nations face similar dilemmas — in the forests of central Africa, in Native American territories in the United States — as they try to tackle the climate crisis without repeating past mistakes. For Chile, the issue now stands to shape the national charter. “We have to assume that human activity causes damage, so how much damage do we want to cause?” said Cristina Dorador Ortiz, a microbiologist who studies the salt flats and is in the Constitutional Convention. “What is enough damage to live well?”

Then there is water. Amid a crippling drought supercharged by climate change, the Convention will decide who owns Chile’s water. It will also weigh something more basic: What exactly is water?

Sacrifice zones

Chile’s current constitution was written in 1980 by people hand-picked by its then military ruler, Augusto Pinochet. It opened the country to mining investments and allowed water rights to be bought and sold.

Chile prospered by exploiting its natural riches: copper and coal, salmon and avocados. But even as it became one of Latin America’s richest nations, frustrations mounted over inequality. Mineral-rich areas became known as “sacrifice zones” of environmental degradation. Rivers began drying up.

Anger boiled over into huge protests starting in 2019. A national referendum followed, electing a diverse panel to rewrite the constitution.

On Dec. 19 came another turning point. Voters elected Gabriel Boric, a 35-year-old former student activist, as president. He had campaigned to expand the social safety net, increase mining royalties and taxes, and create a national lithium company.

The morning after his victory, the stock price of the country’s biggest lithium producer, Sociedad Química y Minera de Chile, or SQM, fell 15%.

The father of volcanoes

One-fifth of the world’s lithium is produced by SQM, most of it in the Atacama Desert in the shadow of ancient volcanoes, including the oldest and still active one, Lascar. The Lickanantay, the area’s Indigenous people, call Lascar the father of all volcanoes.

From above, the mine looks as if someone has spread a glistening blue and green quilt in the middle of this pale desert.

The riches lie in the brine underground. Day and night, SQM pumps out the brine, along with freshwater from five wells. Pipes carry brine to a series of ponds.

Then, the sun goes to work.

The Atacama has the highest solar radiation levels on Earth. Water evaporates astonishingly fast, leaving mineral deposits behind. Magnesium comes out of the ponds. Also potassium. Lithium remains in a viscous yellow-green pool, which SQM converts into powdery white lithium carbonate for battery-makers abroad.

SQM was a state-owned maker of fertilizer chemicals until Pinochet turned it over to his then son-in-law, Julio Ponce Lerou, in 1983. More recently, it has been fined by Chile’s stock market regulator and by the U.S. Securities and Exchange Commission over violations of the Foreign Corrupt Practices Act. Ponce, no longer chair, retains 30% ownership.

Today, SQM is riding a lithium bull market. Carlos Díaz, its vice president for lithium, said the company seeks to increase capacity from 140,000 tons of lithium carbonate to 180,000 tons by 2022. Díaz said the firm wants to “produce lithium as green as possible,” including by reducing saltwater extraction by half by 2030 and by becoming “carbon neutral” by 2040.

There is good reason. Nearby, a copper mine, called Escondida, was fined $93 million for extracting water and causing what a Chilean court called “irreparable damage.”

The mining industry is bracing for change. A law to increase royalties is working through the Legislature. And the Constitutional Convention is weighing provisions that could require more local decision-making.

Joaquin Villarino, president of the Mining Council, the industry lobby, said both could diminish Chile’s appeal to investors. He voiced particular worry that some of the Convention members appeared to be against mining altogether, though he did not name any. “I hope this is not what we will have in our constitution,” he said, “because Chile is a mining country.”

The Convention is also likely to make water a public good. But another question will bear on the industry even more: Is brine — the saltwater beneath the desert — technically water? Mining companies assert it is not, because it is fit for neither human nor animal consumption.

“There is a clear separation between what is coming from the mountain, that is the continental water, and what you have in the brine in the Salar de Atacama,” Díaz said.

Brine extraction is currently governed by the mining code. The new constitution could change that. It could call brine water.

Clues to the future

Dorador, the Constitutional Convention member, walks through a busy market in her hometown, Antofagasta. “The constitution is the most important law in the country,” she tells a man selling mangoes.

He listens politely.

Dorador, 41, describes what the assembly is discussing: water, housing, health care. She explains the timeline: a draft constitution by July, followed by a national vote.

Behind her, a man yells out the price of corn. Another is selling rabbits. One woman vents about shoulder pain. A few tell her they have no time.

Dorador became drawn to the microorganisms that have survived for millions of years in the salt flats. “We can learn a lot of things about climate change studying the salares, because they are already extreme,” she said. “You can find clues of the past and also clues of the future.”

Dorador is vying to be the convention’s president. She wants the constitution to recognize that “humans are part of nature.” She bristles when asked if lithium extraction is necessary to pivot away from fossil fuel extraction. Of course the world should stop burning oil and gas, she said, but not by ignoring yet-unknown ecological costs. “Someone buys an electric car and feels very good because they’re saving the planet,” she said. “At the same time, an entire ecosystem is damaged. It’s a big paradox.”

Indeed, the questions facing this Convention are not Chile’s alone. The world faces the same reckoning as it confronts climate change and biodiversity loss amid widening social inequities: Does the search for climate fixes require reexamining humanity’s relationship to nature itself?

“We have to face some very complex 21st-century problems,” said Maisa Rojas, a climate scientist at the University of Chile. “Our institutions are, in many respects, not ready.”