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Executive summary 3
Contents
Introduction 4
Industries exposed to change 5
Company controversies in Chile 7
Assets exposed to high conservation value (HCV) biodiversity in Chile 8
Assets exposed to indigenous lands in Chile 9
Company exposures to HCV biodiversity and indigenous areas and
performance in environmental management and community relations 100
Biodiversity impact risks 11
Community relations of mining companies in indigenous areas 12
Appendix A: Background 14
Biodiversity in Chile 14
The protests 14
The Chilean constitution 14
Indigenous populations in Chile 15
The constitutional draft rejected by Sept 4, 2022 vote 16
Environment: 16
Indigenous rights 166
Appendix B: Further company environmental performance in Chile 17
Minimizing disturbances reliant on environmental performance 17
Water performance 18
Appendix C: Assets in Chile 19
Appendix D: Risk-layer data sources 20
Biodiversity 20
Indigenous areas 21
Appendix E: Data used for this report 22
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Executive summary
At a time of political uncertainty, Chile has faced calls to offer better protections for
biodiversity and indigenous populations. This report aims to identify the companies
with the most direct exposure to biodiversity sensitive regions and indigenous lands
in Chile where new operational risks may arise.
We found that the utilities and materials sectors may face the highest risks from
added protections for biodiversity and indigenous populations, which could constrain
their licenses to operate. Both sectors tend to have significant impact intensities,
high exposure to high conservation value (HCV) biodiversity and areas of indigenous
interests, and a controversial history relative to these issues in the country.
Key findings
Based on an analysis of assets in Chile owned by constituents of the MSCI ACWI
Investable Market Index (IMI), we found that 22% of the assets were in HCV
biodiversity and/or in indigenous areas.1
Utilities and materials-sector represented 87% of the environmental or human
rights controversies in Chile among constituents of the MSCI ACWI IMI since
2012 (as of Aug. 17, 2022). The two sectors also had the most assets in HCV
biodiversity and indigenous areas, most of which were electric utilities or mines.
The electric utilities sub-industry had the highest number of assets in HCV
biodiversity areas. The critical ecosystems where these assets were located had
on average a lower Mean Species Abundance (MSA) – a measure of intactness –
than the global average. These diminished but important HCV areas may be a
priority in conservation efforts.
The ecology around mines tended to be highly intact but also often in the fragile,
arid north of the country. Conservation efforts also may target these pristine
areas, yet mining companies on average had lower environmental performance
than other industries in the country. 2
Mining companies such as Antofagasta PLC, Albemarle, SQM, and Lundin may
be the most exposed to key HCV biodiversity and indigenous areas among
constituents of the MSCI ACWI IMI (as of Aug. 17, 2022). Among non-mining
companies, CMPC had one of the highest estimated exposures to indigenous
areas in Chile and lagged its peers in environmental performance among non-
mining Chilean domiciled companies (as of Aug. 17, 2022).
1
We termed as “High Conservation Value (HCV) Biodiversity Areas” those areas identified by: the 1) Global
Safety Net (GSN) or 2) Global Biodiversity Model for Policy Support (GLOBIO) Sharing the Planet (SP). We based
“indigenous areas” on CONADI indicators to identify: 1) indigenous designated zones, 2) disputed expansion
territories, 3) indigenous communities (plus a 1.5km buffer zone) and CEPAL 4) municipalities with more than
49% indigenous populations (See Exhibit 2 and Appendix D for more details).
2
Based on MSCI ESG Ratings Environmental Pillar Scores, as of Aug. 17, 2022
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Introduction
Chile, with more than 6,000 kilometers of coastline, high mountains, arid deserts and
lush pastures, is blessed with varied biodiversity and cultures. Its abundant natural
resources have made it the world’s largest producer of copper and second largest
producer of lithium — two key metals for clean technologies such as electric vehicles.3
However, widespread social protests in 2019 demonstrated frustrations among the
Chilean people (see Appendix A for background). Seizing the opportunity to push for
their rights, many indigenous peoples of Chile were involved in these protests to fight
against alleged long-term discrimination and exploitation of the natural resources
where they live such as environmental “sacrifice zones” and forestry operations that
have clashed with indigenous populations.4
Voters in Chile had overwhelmingly voted to rewrite their constitution in October
2020, but two years later rejected a proposed draft that would have offered vast new
protections to indigenous communities and nature .5 Nevertheless, future
developments to address social injustices against indigenous communities and
diminished ecosystems may be likely to continue.6 For instance, the law to create the
“Service of Biodiversity and Protected Areas" (Servicio de Biodiversidad y Areas
Protegidas or SBAP) has been approved albeit pending a formal ratification.7 Future
commitments that may come out of Chile’s participation in the UN Biodiversity
Conference (COP15) in December 2022 or the country’s commitment to the High
Ambition Coalition with a goal to protect 30% of land and ocean for conservation
may further strengthen the country’s stance on biodiversity protections.8 However,
new protections may also pose new operational risks to companies that create or
threaten to create negative impacts in regions with direct exposure to sensitive
regions.
3
Based on 2021 mine production. Chile produced 27% and 26% of world mined copper and lithium in 2021,
respectively. U.S. Geological Survey (USGS): National Minerals Information System. Aug. 8, 2022.
4
Thomson, E. “Amid fire and clashes, Chile’s Mapuche see road to reparations.” Bloomberg. Oct 15, 2020.
McGinn, M. “For years, Chile exploited its environment to grow. Now its trying to save it.” Popular Science. Sep
19, 2022
5
Buschschluter, V. “Chlie constitution: Voters overwhelmingly reject radical change.” BBC Sept 5, 2022. Surma,
K. “Chilean voters reject new constitution that would have provided groundbreaking protections for the rights of
nature.” Inside Climate News. Sept 4, 2022.
6
Around half of land-based species are considered Vulnerable (38.6%), Endangered (4.7%) or Critically
Endangered (6.3%). Biofin Chile – 2017”. United Nations Development Program. 2017
7
Carrasco, E., Benitez, R., Sas, A., Toresano, C. “Environmental Law 2021: Chile Trends and Developments.”
Chambers and Partners. Nov 30, 2021
8
High Ambition Coalition, as of Oct 25, 2022. “COP15: Countries call for support of 30x30 and leaders endorse
indigenous rights but finance commitments fall short.” Campaign for Nature. Oct 13, 2021
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Notes: HCV Biodiversity Areas we based on the areas identified by: the 1) Global Safety Net (GSN):
Regions needed to be protected to ensure biodiversity resilience from climate change or 2) Global
Biodiversity Model for Policy Support (GLOBIO) Sharing the Planet (SP): Regions where human
activities are reliant on ecosystem services.
Indigenous Areas we based on CONADI indicators to identify: 1) indigenous designated zones, 2)
disputed expansion territories, 3) indigenous communities (plus a 1.5km buffer zone)and CEPAL 4)
municipalities with more than 49% indigenous populations. 11 (See Appendix D for more details)
Source: MSCI ESG Research LLC, S&P Global Market Intelligence, GSN, GLOBIO, CEPAL, CONADI
9
This analysis excluded low impact assets such as offices, residential buildings, and healthcare facilities
10
MSA ranges from 0 (= no original species) to 1 (fully intact ecosystem). The global area-weighted mean for
2015 was 0.56 for the 2,850 constituents of MSCI ACWI Index as of April 12, 2022. Besides critical areas, intact
ecosystems may be targeted for protection.
11
Sistema Integrado de Información CONADI. n.d. “653274 - Mapa General” Accessed Aug. 20, 2022. NU.
CEPAL. “Los pueblos indígenas de América Latina – Abya Yala y la Agenda 2030 para el Desarrollo Sostenible”.
CEPAL, June 2020.
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Source: MSCI ESG Research, S&P Global Market Intelligence, GSN, GLOBIO, CEPAL, CONADI, as of
Aug. 17, 2022
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Note: “Archived” controversies were those concluded since 2012. Both Archived and “Concluded”
controversies may contribute to legacy turmoil with local communities.
Source: MSCI ESG Research as of Aug. 17, 2022
12
Todd C. Frankel and Peter Whoriskey. “Tossed Aside in the ‘White Gold’ Rush.” The Washington Post, Dec 19,
2016.
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Source: MSCI ESG Research, S&P Global Market Intelligence, GSN, GLOBIO, as of Aug. 17, 2022.
Exhibit 5. HCV biodiversity and MSA of Chile and company assets there
For presentation purposes, the map was turned from the traditional North-South orientation
Source: MSCI ESG Research, S&P Global Market Intelligence, GSN, GLOBIO, as of Aug. 17, 2022
13 MSCI ESG Research; Schipper, Aafke et al. “Projecting Terrestrial Biodiversity Intactness with GLOBIO 4.”
PBL, Nov. 3, 2019.
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Source: MSCI ESG Research, S&P Global Market Intelligence, CEPAL, CONADI, as of Aug. 17, 2022.
For presentation purposes, the map was turned from the traditional North-South orientation
Source: MSCI ESG Research, S&P Global Market Intelligence, CEPAL, CONADI, as of Aug. 17, 2022.
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Our estimate of company assets exposed to high-risk biodiversity and indigenous areas was based
on the proportion of company assets in Chile (from the 2021 geographic exposure data used in
MSCI ESG Ratings) and the proportion of each company’s Chilean assets in HCV biodiversity (GSN
and GLOBIO SP) and indigenous areas (CONADI and CEPAL), as defined in Exhibit 2 and Appendix
D.
Source: MSCI ESG Research, S&P Global Market Intelligence, GSN, GLOBIO, CEPAL, CONADI, as of
Aug. 17, 2022.
14
As of July 21, 2022.
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The size of the bubble is based on the number of assets a company has in Chile. Companies
highlighted in orange are Chilean domiciled companies. The red box in the lower right corner
represents those companies with weak environmental performance but high MSA exposure on
average in Chile.
The Environmental Performance Score reflects the assessment of companies’ overall
environmental pillar performance, not just their performance in Chile. The scores are based on the
particular combination of environmental key issues most likely to have potential financial impact by
company. The scores range from 0 (worst) to 10 (best). There are 13 potential environmental key
issues, with Carbon Emissions, Toxic Emissions & Waste, Opportunities in Clean Tech and Water
Stress being the most common across industries in 2022.
Source: MSCI ESG Research, S&P Global Market Intelligence, GSN, GLOBIO, as of Aug. 17, 2022.
15
Four key environmental issues are typically included in the environmental pillar performance score of mining
companies: Carbon Emissions, Water Stress, Toxic Emissions & Waste and Biodiversity & Land Use.
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Source: MSCI ESG Research, S&P Global Market Intelligence, CEPAL, CONADI, as of Aug. 17, 2022.
The Community Relations Key Issue is designed to evaluate companies on the risk of stakeholder
opposition. It assesses local community relations, policies on conflict and human rights and efforts
to distribute benefits to local communities. See the MSCI ESG Ratings Methodology document for
more details.
Only constituents of the MSCI ACWI IMI in metals and mining sub-GICS industries with assets
identified in Chile were included in the chart above.16
16
As of Aug. 17, 2022
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Appendix A: Background
Biodiversity in Chile
Surrounded by ocean and mountains, Chile has a varied climate and landscape. As a
land of hot deserts, cold steppes, temperate rainforests, valleys and mountains, it
has sprouted several distinct ecosystems. Chile possesses some 30,000 species of
fauna and flora. Around a quarter of all species found in the country are endemic and
around 65% of the amphibians, 63% of reptiles and 50% of vascular plants found in
the country are endemic to Chile.17
The northern part of the country houses the Atacama Desert, while the south-central
region is considered one of 34 global biodiversity hotspots, with rich but threatened
ecosystems — 60% of Chile’s vascular plants are located in central Chile. In total, 127
terrestrial ecosystems have been identified in Chile and a broader categorization of
30 terrestrial ecosystems has been identified in line with global conservation
targets.18
The protests
In October 2019, a proposed subway-fare increase of less than 4% led to social
unrest driven by high inequality and rising living costs in Chile.19 Many took to the
streets to demand a societal transformation. Other systemic issues, such as
historical injustices and growing recognition of environmental degradation, further
supported the movement, and nationwide protests launched the country toward
political change.20
17
Finot, Victor L., Marticorena, Alicia, Rodríguez, Roberto and Muñoz, Romina G. 2017. “Endemic Species of the
Family Poaceae in Chile: Taxonomy, Distribution, and Conservation. Grasses Benefits, Diversities and Functional
Roles.” IntechOpen 63 - 86.
18
Pliscoff, Patricio, and Taryn Fuentes-Castillo. 2011. "Representativeness of Terrestrial Ecosystems in Chile's
Protected Area System." Environmental Conservation 38.3: 303-311. Martínez-Tilleria, Karina, Núñez-Ávila,
Mariela, León, Carolina A. et al. 2017. “A Framework for the Classification Chilean Terrestrial Ecosystems as a
Tool for Achieving Global Conservation Targets.” Biodivers Conserv 26, 2857 - 2876.
19
Bremmer, Ian. “Chile’s Protests Reflect our Unequal Times.” Time. Oct. 24, 2019; McGowan, Charis. “Chile
Protests: What Prompted the Unrest?” Al Jazeera. Oct. 30, 2019.
20
Wright, Robin. “The Story of 2019: Protests in Every Corner of the Globe.” The New Yorker. Dec. 30, 2019.
21
"Boric Says Chile Should Draft New Constitution If Current Proposal Fails." Reuters. July 15, 2022.
22
Sengupta, Somini. 2021. “Chile Writes a New Constitution, Confronting Climate Change Head On.” The New
York Times. Dec. 28, 2021.
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richest in South America, it became one of the most unequal among developed
markets.23
23
"Chile." The World Factbook. Central Intelligence Agency. Retrieved Aug. 8, 2022. https://www.cia.gov/the-
world-factbook/countries/chile/Chile was rated as having the second-highest Gini coefficient among OECD
countries (and was the highest when protests began – before Costa Rica became an OECD member). The Gini
coefficient measures the inequality among values such as levels of income. OECD 2022, “Income Inequality.”
doi: 10.1787/459aa7f1-en (Accessed Aug. 23, 2022).
24
“Indigenous Peoples in Chile.” International Work Group for Indigenous Affairs (IWGIA) Retrieved Aug. 17,
2022.
25
Ibid.
26
“Araucanian Wars." Encyclopedia Britannica, May 17, 2017..
27
Chambers, Jane. “Chile’s Mapuche Indigenous Group Fights for Rights.” BBC, Nov. 26, 2020.
28
“Armed Men Destroy Two Dozen Logging Trucks in Chile Indigenous Dispute.” Reuters, Aug. 28, 2017.
29
“Indigenous Peoples in Chile.” IWGIA, Retrieved Aug. 17, 2022.; Gonzalez, Ana. “Understanding Indigenous
Conflict in Chile: January 2019 - Aug 2020.” ACLED. Sept. 16, 2020.
30
Ibid.
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Environment
The draft specified that, "nature has rights" and that wildlife are "subjects of
special protection." The draft proposed that the state be responsible for
protecting native species.
The draft constitution recognized access to water and sanitation as a human
right and called to create a National Water Agency to regulate water use (Articles
140-144). Distributed water-use rights (“derechos de aprovechamiento de
aguas”), which granted complete and commercial ownership of water resources,
would be canceled.32
The state would have taken exclusive property rights to all mines and mineral
substances (except surface clay). The exploration and exploitation of these
substances would have been arranged on a finite and non-renewable basis and
subject to regulation that takes intergenerational public interest and
environmental protection into account per Article 145.33
Wetlands and glaciers would be “excluded from any mining activity” per Article
146.34
Indigenous rights
The state would have been required to guarantee self-determination of
indigenous groups and recognize indigenous communities as autonomous to
govern their territories.35
Furthermore, indigenous communities and nations were offered the “right to be
consulted” before the adoption of any administrative or legislative measures that
might impact their rights.36
Indigenous communities would have been recognized as autonomous to govern
their lands.37
31
Ramos Miranda, N.A. “Explainer: What’s in Chile’s Proposed New Constitution?” Reuters. July 29, 2022.
32
Ibid.
33
“Propuesta Constitución Política de la República de Chile.” Convención Constitucional, July 4, 2022.
34
Ibid.
35
Barry, Eloise. “Chile is Trying to Shed the Last Remnants of its Pinochet-Era Dictatorship.” Time, July 5, 2022.
36
Propuesta Constitución Política de la República de Chile”. Convención Constitucional, July 4, 2022.
37
Rodriguez Mega, E. “Chile’s indigenous peoples seek fairer partnerships with science.” Science. June 7, 2022
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Source: MSCI ESG Research, S&P Global Market Intelligence, CEPAL, CONADI, as of Aug. 17, 2022.
38
Sherwood, Dave. “Indigenous Groups in Chile’s Atacama Push to Shut Down Top Lithium Miner SQM.”
Reuters, Aug. 14, 2020.
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Water performance
With the proposed cancellation of commercial water ownership rights and future
water rights to be distributed by a new water authority in Chile, the companies most
dependent on Chilean water may face new restrictions and possibly need to build
desalination plants or other water infrastructure. Chilean companies such as Vina
Concha y Toro and CMPC had some of the highest freshwater withdrawal intensities
among companies with assets in Chile.
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Exhibit 15. Asset count per sub-GICs industry in Chile used in report
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Global Biodiversity Model for Policy Support (GLOBIO): The GLOBIO model is a
calculation of local terrestrial biodiversity intactness through a pressure-impact
relationship assessing six anthropogenic pressures on the environment: “land
use, road disturbance, fragmentation, hunting, atmospheric nitrogen deposition
and climate change.” The GLOBIO model was developed by a group of scientists
at the PBL Netherlands Environmental Assessment Agency.
39
Kok, Marcel T.J., Meijer, Johan R., van Zeist, Willem-Jan, Hilbers, Jelle P., Immovilli, Marco, Janse, Jan H.,
Stehfest, Elke, Bakkenes, Michel, Tabeau, Andrzej, Schipper, Aafke M., and Alkemade, Rob. 2020. “Assessing
Ambitious Nature Conservation Strategies Within a 2 Degree Warmer and Food-Secure World.” PBL Netherlands
Environmental Assessment Agency.
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Indigenous Areas
Territorial designation
o Areas de Desarrollo Indigena: territorial designation that stems from the Ley
Indigena 19.253 (Indigenous Law). It identifies territories for the state to
focus its policy efforts to try to improve the quality of life of indigenous
communities living there.40
o Titulos de Merced: Legal documents given to the Mapuche communities
that were displaced between 1884-1929. Through the “titulos de merced,”
the state formally recognized that these territories legitimately belonged to
the Mapuche communities.
Disputed/expanding territory:
o Compras Tierras Art 20A: The Indigenous Law created the "Land and Water
Fund," managed by the CONADI (National Corporation for Indigenous
Development). Art 20A creates subsidies for the acquisition of land by
members of indigenous communities — when the surface occupied by the
community is considered insufficient.
o Compras Tierras Art 20B: Established the creation of financial mechanisms
aimed at dispute resolution involving indigenous land recognized as such by
the state.
Indigenous communities
o Asociaciones Indigenas Tarapaca: Refers to the “indigenous associations”
in Tarapaca (northern region of Chile). An indigenous association is a group
of at least 25 indigenous members who have joined voluntarily and who
work toward a common goal, for instance, the development of educational,
cultural, professional or economic activities that benefit community
members.
o Comunidades Indigenes Act. Julio 2022: Under the new Indigenous Law, an
indigenous community is defined as a group of people from the same
ethnicity that meets at least one of the following criteria: 1) belong to the
same family, 2) have an indigenous traditional leadership model, 3) possess
or have possessed shared indigenous land, or 4) come from the same
“ancient settlement.”
40
“653274 - Mapa General.” Sistema Integrado de Información CONADI. n.d. Aug. 20, 2022.
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Thematic Report
MSCI ESG Research LLC
November 2022
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2022