Right Environmental Participation of Indigenous in Chile

This research article analyzes standards derived from International Environmental Law and International Human Rights Law on the right to environmental participation of Indigenous Peoples, examining their reception and applicability in the Chilean internal legal system. Its objective is to establish the content, scope and limitations of the right to environmental participation of Indigenous Peoples, its reception and application in the Chilean legal system. We use dogmatic legal methodology with qualitative techniques and documentary research. It is concluded that, despite having reception and application, there is an incompatibility between what is established in the international standards regarding the right to environmental participation of indigenous peoples and specifically in relation to the right to consultation, with the Chilean internal legal system. If compliance with international obligations is not addressed in good faith, and the rights of indigenous peoples in Chile are not received, applied, formulated and recognized, in accordance with international standards, the right to prior consultation and respect for and guarantee of rights cannot be established. Advancing in the recognition and role of Indigenous Peoples in environmental matters and the recognition of their rights, as well as the protection of nature through shared biocultural governance is a challenge for the Chilean State.