Interaction between the Lafkenche Law and the Law for Nature: Lessons learned and territorial governance

Abstract

The coordination of multiple interests and activities, as well as the management of biodiversity within marine and coastal areas, are some of the main challenges facing the Chilean State. The country has more than 80,000 kilometers of continental and insular coastline, characterized by high biodiversity and diverse economic activities, further complicated by the effects of global environmental change. In this context, intersectoral efforts and regulatory updates have been undertaken, with the Lafkenche Law and the Law for Nature being two notable examples. This article seeks to explore the interactions between the Coastal and Marine Spaces of Indigenous Peoples (ECMPO, by its Spanish acronym), and the future Indigenous Peoples Conservation Areas (ACPI, by its Spanish acronym) incorporated into the Law for Nature, through the lens of territorial governance. The main findings reveal, firstly, a shared rationale in the regulatory frameworks, which integrates conservation with practices associated with customary uses. Critical points related to intersectoral management and decision-making criteria are also identified, which may discourage communities from participating in future ACPI declarations. Finally, it is noted that although both regulatory frameworks have distinct historical origins and varying degrees of local participation, they share the guiding principle of marine-coastal ecosystem conservation.