Chile – E and CC

Pillar 1: The State Duty to Protect Human Rights

Strand 1: Training in the Field of Business and Human Rights

Action Point 1.6 [pages 32-33]

The Ministry for the Environment will:

With the support of expert organisations, coordinate internal training at a national and international level, and at a macro-zone level in the Ministry of the Environment, the Superintendence of the Environment (SMA) and the Environmental Assessment Service (EAS)… Upon creation of the Biodiversity and Protected Areas Service and of the Protected Areas National Service, carry out an outreach and training process including an analysis about their relationship with business and human rights.

Strand 2: Dialogue

Action Point 2.3 [pages 34-35]

The Environmental Assessment Service will design the mechanism to assess the impact of the best practice Guide on the relationships among actors involved in projects submitted to the Environmental Impact Assessment System.

Action Point 2.4

The Ministry of Energy, through the Division of Participation and Dialogue, will promote the creation of formal and steady opportunities for dialogue between businesses and communities in localities where they expect to install energy projects. Aimed at a smooth management of these opportunities, the “Guide for Participation Standards in the Development of Energy Projects” will be available to promote the existence, from the public sector, of mechanisms allowing to decrease the asymmetries existing between the parties, such a registry of advisors and facilitators to be used by communities; a symmetry fund allowing to finance the advisors and facilitators; complaints mechanisms allowing to forward complaints to the authorities that the parties may have regarding compliance with agreements; dispute resolution mechanisms allowing to resolve through alternative methods any disagreements that may arise in the dialogue process. Efficiency criteria set out in Guiding Principle No. 31 will be included in the design of the complaint mechanism. Additionally, the Ministry will promote the development of “local governance mechanisms” in the localities where energy projects are installed. They will be composed of representatives from the community, business enterprises, local authorities and other actors that the parties may consider relevant, with the purpose of carrying out dialogue processes aimed at decision making connected with local development initiatives that may be developed from the presence of an energy project within the territory.

Strand 4: Transparency and Participation

Action Point 4.4 [page 31]

The Ministry for the Environment:

  • Commits itself to strengthen the effective enforcement of Principle 10 of the 1992 Rio Declaration about participation, access to information and awareness concerning environmental issues, within the context of the preparation of the Regional Instrument on Access Rights to Environmental Issues.
  • In line with Principle 10 of the 1992 Rio Declaration, it will assess the development of methodologies allowing to facilitate access to environmental information available concerning projects submitted to Environmental Impact Assessment System (EIA), by taking into consideration the complexity and depth of the subjects under discussion.
  • The EIA will design a mechanism to establish the usefulness and impact of the Guide for Early Community Involvement, available since 2013, with the purpose of reporting communities at an early stage about projects submitted to the Environmental Impact Assessment System.
  • Will promote the availability of spaces for dialogue and participation regarding climate change actions, including the organisation of workshops and public consultation meetings for the preparation of sector adaptation plans. This will be included within the framework of the 2017-2022 National Action Plan for Climate Change -under preparation- which includes the concept of equity as a guiding principle, and gives special consideration to subject such as gender equality, human rights and indigenous peoples. o Will seek to incorporate the gender focus in the next climate change adaptation plans, with the purpose of including the participation of women in the preparation and implementation of actions about this subject.

Strand 5: Public Contracts

Action Point 5.3 [page 43]

The INDH will adopt a human rights and environmental policy for the purchase of goods and services.

Strand 6: Strengthening coherence between public policies

Action Point 6.3 [page 45]

The Ministry of Foreign Affairs will:

Generate an opportunity to discuss, at a national level, about the integration of the Agenda of the Paris Agreement on Climate Change, the United Nations Guiding Principles on Business and Human Rights, and the 2030 Agenda on Sustainable Development, as well as about the challenges of these Agendas about the contribution of business enterprises. Regarding this national commitment, the Ministry is committed to generate cross references about human rights and climate change in the reports prepared about these subjects submitted to international organisations.

Through the General Directorate of International Economic Relations, it will:

  • Reinforce the work of committees created pursuant to chapters contained in trade agreements about SMEs, cooperation, gender, environment, transparency and labour matters, so that they include human rights-related objectives in their duties, thus becoming a forum for carrying out relevant dialogues. In line with the above, DIRECON will encourage the development of specific coordination activities in the committees and promote the development of technical capacities in human rights

Strand 7: Strengthening of international political coherence

Action Point 7.1 [page 47]

The Ministry of the Environment is currently involved in negotiations of the Regional Instrument about Principle 10 of the Rio Declaration about access to information, participation and justice in environmental matters, where it will take into consideration the business and human rights framework as relevant.

Strand 9: State Business Enterprises

Action Point 9.2 [page 49]

The National Oil Company (ENAP), with the support of independent experts, will prepare a baseline to identify eventual impacts on human rights and the promotion and respect actions the Company is currently performing. This has the purpose to identify gaps and manage the relevant plans for human rights remediation and mitigations. Priority subjects included in the study will be: life, health, environment, water, communities and workers. This initiative is based on the new Sustainability Policy passed by the Board of Directors in December 2016. It is composed of four strands: consideration of stakeholders, environment, integrated management and human rights.

Pillar 2: Corporate Responsibility to Respect Human Rights

Strand 1: Contextual issues: Development of texts allowing business enterprises to understand the local context and the risks of potential negative impacts on human rights.

Action Point 1.4 [page 53]

The Ministry of the Environment will prepare a study about the links between the Law creating the Actual Right of Conservation (DRC) and the Guiding Principles.

Action Point 1.6

The Environmental Assessment Service will prepare the Guide for Describing the Human Environment with Gender Focus for the Assessment of Environmental Impact. Such Guide is meant for the owners of projects submitted to the SEIA.

Strand 2: Promotion of corporate due diligence in the field of human rights

Action Point 2.2 [page 55]

The Ministry of Economy, Development and Tourism will:

  • Create working groups in conjunction with the Under-Secretariat of Fisheries and Aquaculture and the Under-Secretariat of Tourism, which will have the duty to analyse and create mechanisms allowing to monitor these sectors regarding their respect for human rights. It will encourage and work with SEP for the adoption of an audit system in the field of human rights.