Snapshot: In December 2022, the Atacameño Indigenous Community of Conchi Viejo filed a lawsuit against the company Minera El Abra, which operates a copper mine located in the Antofagasta region of northern Chile. The community argues the mine has contributed to environmental, territorial and archaeological damage through sulfuric acid spills. In May 2023, the Environmental Court dismissed the lawsuit. The community filed an appeal with the Supreme Court but later withdrew it. The case is closed.

Factual Background

The town of Conchi Viejo, located in northern Chile, has a history of mining dating back to the 17th century. It also possesses historical significance for local indigenous peoples, as the area is home to pre-Hispanic sites that are thousands of years old. The copper mining company Minera El Abra, owned by Freeport-McMoran and state-owned enterprise CODELCO, allegedly discharged sulfuric acid in the area, causing damage to the environment and historical sites.

Legal Argument

The Atacameño Indigenous Community of Conchi Viejo argues that Minera El Abra is guilty of damaging territory, environmental and archaeological sites in the area. Representatives for the community assert that the harm suffered in this case is not an isolated incident but is the result of multiple harmful actions over time. The community seeks to hold the company accountable for its environmental damage through remediation and argues that the spills resulted in “irreversible patrimonial damage.” The community asks for the damage to be repaired, for financial compensation and, as a cautionary measure, for the works in and around Conchi Viejo to be stopped.

In response to the lawsuit, Minera El Abra released a statement asserting that the company had not been made aware of an environmental case brought by the community. The company also stated that it asked the community to have experts investigate the alleged damage in the area and highlighted its collaboration agreement with the community.

Legal Proceedings

The community filed a lawsuit against the on 23 company in December 2022 at the First Environmental Court of Antofagasta (Proceedings D-18-2022). The Deputy of Antofagasta also asked the State Defence Council (CDE) to intervene in the case to develop further background information and determine if the state should become involved in the lawsuit.

In its response to the lawsuit, the company, as well as CODELCO, argued that the Environmental Court is not competent to hear the lawsuit because the claimants seek financial compensation for the harm, rather than its reparation, a remedy which should be sought before a civil court.

In May 2023, the First Environmental Court of Antofagasta accepted these arguments and dismissed the case. The Indigenous community appealed the decision before the Court of Appeals of Antofagasta (Proceedings 4-2023). On 20 July 2023, the court dismissed the appeal. The Indigenous community challenged this decision before the Supreme Court (Proceedings 230310-2023).

In 2024, the company and the Indigenous community reached a new cooperation agreement. In March 2024, the community withdrew its appeal before the Supreme Court. The case is closed.

In parallel, in June 2023, the Atacameño Indigenous Community had also filed an application for protection (recurso de protección) before the Court of Appeals of Antofagasta (Proceedings 3207-2023) because the company had entered their territory without authorisation and, they alleged, carried out works affecting significant cultural sites, which would require the consultation of the community. On 13 July 2023, the court ruled in favour of the community, ordering the company not to enter its territory again without authorisation.

News Items

Corte de Antofagasta ordena a empresa minera El Abra abstenerse de realizar trabajos que afecten a comunidad atacameña de Conchi Viejo, Diario Constitucional, 14 July 2023

Comunidad de Conchi Viejo demandó a Minera El Abra por daño ambiental, Radio Maray, 5 Feb 2023

Demandan a minera El Abra por daño ambiental y patrimonial, Antofagasta TV, 29 Jan 2023