Lakes Region Governor Accused of Blocking Coastal Space Voting: Communities File Legal Action and Report Systematic Delays

Original article: Acusan a Gobernador de Los Lagos de bloquear votación de Espacios Costeros: Comunidades interponen recurso y denuncian patrón de dilación

Legal Action Reveals Tactics to Halt ECMPO Linao and Chadmo: Unexplained Suspension, Last-Minute Changes, and Over a Year of Delays

The Lafkenche Indigenous Community of Linao emphasized that the ECMPO is a vital tool for «protecting the sea and its resources for future generations, safeguarding cultural and spiritual practices linked to the land, and strengthening the local economy.»

Image: Regional Coastal Use Commission (CRUBC), Los Lagos Region, chaired by Governor Alejandro Santana.

The indigenous communities of Linao (Ancud Municipality) and Lafquen Mapu (Chadmo, Quellón Municipality) have filed a legal action before the Appeals Court of Puerto Montt, claiming that Governor Alejandro Santana has illegally and arbitrarily delayed the voting on the claims related to the ECMPO Linao and Chadmo applications for more than a year and two months. The legal action argues that the governor, as the president of the CRUBC of Los Lagos, has created a situation of «legal uncertainty» that undermines equality before the law. The Lafkenche Indigenous Community of Linao states, «We have decided to present a protection measure to the competent authorities regarding the processing of our Marine Coastal Space of Indigenous Peoples (ECMPO) Linao. This action is directed against the Regional Governor due to decisions and actions which, in our view, jeopardize the respect and protection of our rights as an indigenous people and as a coastal community.»

According to the legal action, the delay has reached a critical point following the issuance of Official Letter No. 2837, dated October 27, 2025, in which the governor unexpectedly suspended the 1st Extraordinary Session of the CRUBC, called exclusively to vote on the claims. The suspension was announced «less than 24 hours before» the session without any explanation regarding the supposed reasons.

The court document denounces a «persistent and systematic effort» by the governor to prevent the claims from being voted on, a strategy reportedly executed through three consecutive maneuvers: the omission of including them in the agenda of the April 30 session; the unilateral and abrupt modification of the agenda for October 10, eliminating only those points; and the unjustified suspension of the extraordinary session on October 28. The Technical Secretariat had recommended accepting the claims on two occasions.

In the first instance, the document notes that the claims were within the timeframe to be addressed in April, but the governor failed to include them in the agenda without explanation. In the second instance, it is stated that four days before the October 10 session, the governor modified the previously notified invitation, violating the CRUBC’s own regulations which require five business days of notice. In the third instance, the October 28 suspension was based on a supposed «force majeure» that «did not contain factual background or legal justification.»

The communities believe these actions constitute a «persistent and systematic pattern of delays,» with a concrete effect of preventing the voting on the claims beyond the legal deadline of one month established in Article 8 of Law No. 20.249, which expired on October 13, 2024. This delay of over thirteen months is described as a «serious and irrational» infraction of the regulatory framework. In this context, the community asserts it must safeguard its rights recognized in the Constitution and in Law No. 20.249, pointing out that the processing of the ECMPO has «been delayed twice without further explanation or clear justification presented to the community,» resulting in «uncertainty, delays, and a sense of lack of transparency,» emphasized from the territory by Carla Cárdenas Curumilla, president of the Lafkenche Indigenous Community of Linao.

The legal action further argues that the governor’s actions violate essential principles of administrative procedure established in Law No. 19.880, including expediency, procedural economy, impartiality, inexcusability, and integrity. It also claims that the letter suspending the session is completely unfounded, creating a serious irregularity in the motivation of administrative actions.

In their judicial action, the communities contend that a direct violation of the constitutional guarantee of equality before the law has occurred, as evidenced by «differentiated and unequivocally unequal» treatment compared to other applicants of ECMPO whose claims are resolved in a timely manner. In this regard, the community underscores that «the protection measure is a peaceful and legal tool… It is not an act of violent confrontation or obstruction, but an institutional recourse» intended for justice to review the facts and resolve. Additionally, the community, through its president, reaffirms that the ECMPO is a tool to «protect the sea and its resources for future generations, safeguard cultural and spiritual practices linked to the territory, and strengthen the local economy,» reiterating that this legal path «seeks to defend rights, not attack individuals,» always in the interest of children, youth, and future generations.

Finally, the legal action requests that the Court accept the application, declare the communities’ rights violated, and order an immediate call to the CRUBC to meet within the next ten working days and proceed with the voting on the claims. The Lafkenche Indigenous Community of Linao, through its president Carla Cárdenas Curumilla, thanks the support received and commits to continue providing transparent updates on every step of the process. Lafkenche Indigenous Community of Linao.

It should be noted, as highlighted by the petitioners, that in both requests for Marine Coastal Space of Indigenous Peoples (ECMPO), the National Corporation for Indigenous Development (CONADI) accredited the entire requested area.

According to recent information, the protection action has reportedly been accepted, and the Appeals Court of Puerto Montt has requested a report from the Governor of Los Lagos within 5 days to explain the delay of these ECMPO requests.