Legal Mobilisation Against Extractive Power: The Case of Caimanes vs. Minera Los Pelambres
摘要
This chapter explores the legal mobilisation process in the Caimanes conflict, a paradigmatic case of socio-environmental resistance against extractivism in Chile. Located in the Coquimbo Region, the small rural community of Caimanes has faced severe impacts from the El Mauro tailings dam—one of the largest in Latin America—owned by Minera Los Pelambres, a subsidiary of the Luksic Group. Through an in-depth analysis of the litigation process from 2008 to 2016, this chapter examines how residents used judicial strategies to demand environmental justice, including access to clean water, recognition of their territorial rights, and the enforcement of environmental mitigation measures. The chapter interrogates the limits and potential of legal mobilisation by analysing key rulings by the Chilean Supreme Court, the persistent non-compliance by the company, and the community’s reliance on legal opportunity structures to frame and sustain their struggle. Drawing on interviews, court records, and NGO reports, the chapter situates the Caimanes case within broader debates on the effectiveness of rights-based strategies, the asymmetries between rural communities and corporate actors, and the role of the judiciary in contexts of extractive conflict. Ultimately, it argues that while legal victories can symbolically and strategically empower local resistance, they often fall short of delivering substantive justice, particularly when state enforcement is weak and corporate power is entrenched.