Environmental Justice in Latin America: Confronting the Impacts of Climate Change and Natural Resource Exploitation

Throughout history, indigenous and peasant communities in Latin America have faced the exploitation of their territories and resources since the time of colonisation. Their struggle for territorial rights has been a constant that has influenced contemporary environmental justice.

In this context, Chile and Brazil have led the way in defending and protecting the rights of these communities. Chile, by approving the Mining Code in 1874, included provisions for the protection of natural resources such as water. Brazil, for its part, marked a milestone with the enactment of the Forestry Code on 23 January 1934, which regulated the sustainable use of forests and natural resources, thus gaining worldwide recognition for environmental responsibility.

However, it was not until the end of the 20th century, especially in the 1980s and 1990s, that the importance of human rights in the environmental struggle began to be recognised. Social movements emerged to advocate for the protection of the environment and of communities affected by the exploitation of their resources. A significant example of environmental justice was experienced in Ecuador in the 1970s, when the indigenous community mobilised to defend their territory and the environment against oil exploitation in the Amazon.

The clearest demonstrations in defence of the environment emerged as global concern for ecology grew. Ecuador, by including rights of nature in its Political Constitution in 2008, and Costa Rica, with its 1995 Organic Law on the Environment, stood out in this area.

Interest in environmental advocacy was consolidated in 1992 with the Earth Summit in Rio de Janeiro, which promoted recognition of the interconnection between sustainable development and environmental justice. Since then, Latin American countries have begun to integrate concepts of justice and sustainability into their policies, strengthening environmental justice systems. The following are some prominent examples:

1. Costa Rica: Recognised for its sustainable approach, with more than 25% of its territory as protected area and the implementation of specialised environmental courts. It has also established a solid decarbonisation policy for 2050.

2. Chile: Created the Environmental Tribunal in 2012 to resolve environmental conflicts and has recently adopted a Climate Law that establishes binding carbon neutrality targets.

3. Brazil: Has extensive environmental legislation, including the current Forestry Code (2012) and the Environmental Crimes Law (1998). It has also established specialised courts and the Environmental Public Prosecutor’s Office to protect key resources such as the Amazon.

4. Ecuador: First country in the world to recognise the rights of nature in its constitution, providing legal tools to sue on behalf of ecosystems and achieving court rulings that prioritise environmental protection over economic interests.

5. Colombia: Recognised in 2016 the Atrato River as a subject of rights and has issued landmark rulings, such as declaring the Amazon as a subject of rights (2018), promoting the participation of indigenous communities in environmental protection.

It is also important to mention Mexico, which has advanced in its environmental legislation with the General Law of Ecological Balance (1998) and the creation of specialised environmental administrative tribunals.

To address the impacts of climate change and the exploitation of natural resources in Latin America, it is essential to adopt a combination of public policies, foster regional collaboration and migrate towards sustainable development models. To achieve this, it is necessary to:

(a) Strengthen environmental governance: Implement and enforce environmental laws to prevent illegal deforestation and limit greenhouse gas emissions, creating specialised environmental courts that guarantee the participation of indigenous and local communities in decision-making.

(b) Establish an energy transition: Promote renewable energy sources such as solar, wind and geothermal, diversifying the economy and promoting sustainable activities such as ecotourism and regenerative agriculture.

(c) Conserve and restore ecosystems: Expand protected areas and biological corridors, implement reforestation programmes and restore degraded ecosystems, investing in nature-based solutions to mitigate climate change.

(d) Promote public education and awareness: Include environmental education in school curricula and establish campaigns that promote responsible consumption of natural resources.

(e) Invest in resilient and sustainable infrastructure: Develop projects that minimise environmental impacts and promote social inclusion, capable of withstanding extreme weather events.

(f) Promote regional and international collaboration: Promote initiatives such as the Leticia Pact for the Amazon, fostering cooperation between countries and using international funding for climate change adaptation and mitigation projects.

(g) Monitor and implement innovative technologies: Use satellites, drones and sensors to monitor deforestation and other environmental impacts, developing innovative solutions for sustainable natural resource management.

We have a great opportunity to lead in sustainability by harnessing our natural wealth. To do so, it is crucial to commit to social and economic policies that ensure that future generations can enjoy the world we live in today.