• Introduction 
• The Conflict 
• A Clarification of the Differing Positions 
• The Present Situation 

Located in Chile's X region and nestled between the coastal range's rolling hills and the Pacific ocean, the cove and fishing village of Mehuin hosts a mediterranean climate which together with its large open beaches affords landscapes of memorable beauty. The ecological value of the area is accentuated by the nearby Maiguillahue island and its unique ecosystem that exhibits a high degree of biological diversity.  

The village of Mehuin is located at the mouth of the Lingue river from where the local fisherman combine traditional fishing with more contemporary shellfish extraction which are primary economic inputs for the village. Recently, however, the tranquillity of Mehuin is threatened to be a thing of the past in the wake of the decision by the National Environmental Commission, CONAMA, to approve the installation of a cellulose treating plant upstream of the village. The Valdivia project of Arauco and Constitution Cellulose S.A., CELCO, is authorized to eliminate the toxic residues (RILES) from its treatment process through a 34 km long discharge duct into Mehuin's fishing waters. The discharge duct will eliminate more than 600 liters/second of toxic organic chlorides. These chemicals are known to breakdown slowly and to accumulate in the ocean, especially in Mehuin's shallow waters with their notoriously weak ocean currents. Direct effects caused by these residues are generalized to be highly dangerous for the health of humans, fauna and flora.  

This megaproject will produce 550,000 tons of cellulose annually from 2,240,000 and 563,000 cubic meters of Pinus radiata and Eucalyptus globulus respectively. The original project planned to construct the plant in the town of San Jose de la Maraquina, on the Cruces river upstream of the Carlos Andwater National Sanctuary and to discharge residues directly into the river. The project was approved by CONAMA, however, objections by the Technical Commission of the Regional Environmental Commission, COREMA, forced the company to choose between two solutions. The company could construct a tertiary treatment plant in order to discharge the RILES directly into the river, or build a discharge duct to transfer secondarily treated residues to the ocean.  

According to the law, CELCO's decision to construct the ocean discharge duct in Mehuin obligates the company to receive approval for an additional environmental impact statement, EIS, in order to obtain a new resolution permitting the construction of the plant.  

The Conflict

In the meantime, the community of Mehuin had detected the company's presence as it carried out measurements in accordance with the new EIS. Until this point in time the community had only been aware of the Valdivia project through press reports. Worry an misinformation motivated the community's decision to organize and protest through the Mehuin Defense Committee, which was formed on June 17, 1996. The first agreement was to prohibit any type of foreign intervention in the area, regardless of by whom. To these ends, the committee began to fight the construction of the discharge duct by looking for support in both the civil sector and with the authorities.   

The company then attempted to gain local confidence by offering material goods, such as a pier and aquariums, in exchange for permission to enter and carry out the EIS. The original plan has now been modified, however; at this time it proposed to construct the duct over the beach, discharging the effluents only 100 meters from shore.  

In the beginning, the committee hoped to achieve a change from of the company's discharge duct decision to the acceptance of the treatment plant option which in theory would discharge clean residues into the Cruces river. The lack of willingness by the company to discuss the matter forced the community to approach the authorities as the only source of hope. At the start of the conflict the Committee received the Mayor's support. This gave them hope that their demands would be taken seriously by the local and regional authorities. Soonafter, however, the Governor publicly declared his extremism by stating that the project was a must because progress could not be opposed.  

The committee met with and gained a letter of support by the Municipal Advisory Committee opposing the duct, as well as a Municipal Act signed the Mayor of San Jose and other government officials. Chile's environmental sector also became interested in the conflict and quickly gave its support to the inhabitants of Mehuin in the fight for their right to a life free of pollution. Among these is the Environmental Conflict and Action for the Rivers Observatory who developed a campaign together with the Mehuin Defense Committee. Similarly, the region's Mapuche community announced that it would take forceful measures to avoid the completion of the EIS, because the project did not consider possible socio-cultural impacts.  

In Valdivia's Appeals Court, two "Resource Protection" lawsuits were filed against the project by CODEFF and Greenpeace. Both asked for the annulation of the approval of the plant. Their rejection by the court provided the incentive for the two organizations to join forces and appeal the decision to the Supreme Court.  

At the same time, CELCO was carrying out a series of negotiations with the government trying to achieve a maritime concession and the direct approval of the Presidency. Attempting to gain support for the project the company launched media campaigns and placed pressure on the region's government officials as well as the community itself. Taking advantage of the visit of the House of Deputies Environmental Commission, CELCO intensified its media campaign re-presenting the project and its decision to construct the discharge duct. According to the head of engineering, the company requested COREMA not use the preliminary studies until the company could carry out the supplemental investigations necessary to determine the feasibility of the duct, however the state organization chose to go ahead.  

The committee interviewed with the Governor of the province and delivered a series of explanations concerning the negative impacts of the discharge duct. In response, the Governor insisted that the carrying out of the EIS was the most important factor in reaching a decision on the project. The government began to respond to citizen unrest concerning the conflict through the General Secretary to the Presidency Ministry (which supports CONAMA's actions), which attemped to adopt an intermediate position between the company and environmentalists.   

Meanwhile, the Mehuin Defense Committee moved to Santiago and visited the Senate's Environmental Commission accompanied by the Institute of Political Ecology and Environmental Conflict Observatory. On this occasion the Mapuche community coordinator from the area demonstrated that " the Indigenous Law protects these lands, which cannot be burdened with passage " (by foreigners to carry out the study).  

In September, 1996, the citizens of Mehuin awaited the arrival of the director of CONAMA for a meeting planned to analyze the community's position concerning the effects of the project. The director did not attend. A meeting that did take place, however, was held so the Parliamentary Environmental Commission could hear the community's position directly and observe the condition of the bay. The Commission stated that " here is the kind of environment worth rescuing and all possible is going to be done to protect it. The talk is about an investment of millions of dollars that accepts the petition to not pollute nature. Evidence is being collected due to the contradictory reports by the company." Nonetheless, there has been no demonstration since the meeting by this commission to safeguard Mehuin's environmental interests.  

The community requests that the Santiago Appeals Court repress the decision by CONAMA. This could be achieved by a public nullifying action appealing that, as in the Trillium case, the organization lacks sufficient information to approve the case. Based on recent legal decisions a resolution of approval would be illegal, because at the time of the decision the corresponding regulation of the Environmental Base Law did not exist. To publicize these points the committee began a press campaign to defend against the constant attacks by Valdivia's business sector that continues to see the community's attitude concerning the project as bent on slowing the region's development.  

The company then appealed to the Chile Austral University's Forest Sciences Faculty through a day long presentation dedicated to presenting the technical aspects of the project. The discharge duct would be buried more than 13 meters in the ocean floor and would discharge the effluents at 1200 meters from the coast and 600 meters from the reef after having undergone primary and secondary treatment.   

CELCO has been developing a formidable media campaign to create a favorable public opinion towards its desired ends. Up until august, 1996, it also carried out a very expensive propaganda campaign intended to sway public opinion from the recent setbacks suffered by the EIS. In October of last year, in accordance with the old EIS system, the company tried to obtain authorization from the Maritime Territory Directory for a Maritime Concession for part of Mehuin's waters. If this comes to pass it would set an unfortunate precedent because the case of maritime concessions and Environmental Impact Statements in coastal areas is not clearly defined within Chile's Environmental Law.  

A Clarification of the Differing Positions

The committee still awaits new attempts by the company to carry out its EIS measurements, while the company continues to seek government support for the project. At the same time, the local politicians and media whom support the project have re-stated their position demanding of the higher authorities an end to the situation and an intervention by the President of the republic.   

Various deputies from the region have begun initiatives to intercede in the stalemate between the community and the company by asking for a more effective intervention concerning the problem of the the Valdivia project's EIS. The central and regional governments have been accused directly of " indifference both to the problem of the plant and to the province's economic problems." (Deputy Taladriz asked for intervention in the EIS process in March, 1997 in the newspaper, Diario Austral, Valdivia.)   

Valdivia's Municipal Board decided to support the Cellulose Valdivia project claiming that the province's economic recession has reached serious proportions. Publicizing this decision the Board stated that the economic hardship presently affects equally blue collar and middle class workers alike. The Mayor pointed out that the environmentalists live contradictory to their discourse and negatively impact the environment by traveling in autos and boats. He also indicated that the community of Mehuin is in the wrong by impeding an increase in job opportunities. Finally, the Mayor insisted through the media channels that it is impossible to oppose the progress of the region in this way.  

The governor of Valdivia traveled to Santiago to meet with the President of the republic to clarify the situation in his province. Senator Valdes also gave his support to the company, arguing that "it is inadmissible that in a state of justice a citizen group oppose a social benefit that will benefit even themselves." He assured the President of the legality of the project pointing out that the Appeals Court had rejected the "Resource Protection" lawsuit and that it is inadmissible that opposers intervene and impede progress with their zealous ideologies. This was published in Valdivia's newspaper, Diario Austral, in March, 1997. In response, the President assured that the law would be followed.  

The Present Situation

Local unions in Valdivia have protagonized recent happenings through their pro-business campaign stating their complete support of the project at whatever the cost. Meanwhile, the company has left the decisions in the hands of the government. It is still pressuring intensely as each day that passes represents uninvested capital and the uncompleted EIS. The Governor of the region recently expressed to Mehuin's leaders in a January, 1997 meeting that, " we are in favor of the economic development of the region that respects the environment as well as the law... we have seen with consternation the opposition of the project's EIS... I want to reiterate that I would never submit to Chile's history a document knowing that the polluting of the region will result. I would not ever allow an authorization. I believe that I have demonstrated over the past 7 years that I have been in charge a seriousness and conscience by what I say."   

The regional Mayor then visited Mehuin in the beginning of March for the first time since the beginning of the conflict. Beforehand, the Defense Committee had to travel to Puerto Montt to advise him of their position in regards to the situation. Notified of the visit only an hour beforehand, the committee managed to gather more that 500 people to support their presentation to explain completely their opposition to the discharge duct in their waters. Their presentation among other themes included: scientific studies, themes related to the Maiquillahue Island Marine Reserve, pollution, and human rights arguments.   

Despite the fact that the authorities have promised to respect the EIS results, the community does not accept it and insists that it will not permit the completion of the studies. One of the most recent actions by the community was the solicitation to the Marine Subsecretary for the rejection of the company's maritime concession while the EIS problem remains unsolved.   

The company still has not asked for public support to the carrying out of the EIS despite the fact that it is within its rights. This type of action carries a high political cost internationally. The company has the right to ask for a "resource protection" ruling to legally carry out the EIS and again be subject to the system of environmental impact evaluation.   

While the community remains firm in its stance to not permit the completion of the studies the government still has not taken the action that the company expects so it can complete its environmental evaluation.  

Political Ecology Institute Editing:  
Lorena Montecino Source: Ana Maria Maldonaldo,  
Case Study - La Historia del Conflicto de Mehuin, Environmental Conflict Observatory, May, 1997.