Browsing by Author "Martinez, Felipe"

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    Socio-environmental Harms in Chile Under the Restorative Justice Lens: The Role of the State
    (Springer International Publishing, 2022) Bolivar Fernández, Daniela; Guerra Aburto, Liliana; Martinez, Felipe
    Environmental harm in Chile takes place in an economic, political, legal, and social context of extractivism. A multiscale process, extractivism involves the mobilisation of a significant amount and volume of natural resources, usually not processed, and the specialisation of areas or territories to produce one single type of product. As a policy, extractivism is encouraged by governments of different political colours from the Global South as a way to promote economic growth and social development. However, in Chile such policy has been disrespectful to nature, affecting seriously the balance of fragile ecosystems and the quality of life of populations who live already in poverty and social exclusion. In addition, environmental legislation in Chile is weak and contributes to abuses and environmental harm due to impunity. This chapter discusses the role of the state in the context of extractivist policies when considering responses to environmental harm from a restorative justice perspective. The authors suggest that the state should both recognise its own negligence and play a serious role in changing such a path in the future. However, the state as such cannot intervene as a third party in mediating between companies and communities but could promote the implementation of a collegial body, with representatives from different sectors of civil society, to identify and address environmental harm. Given the context, this chapter suggests and discusses the model of truth commissions.