In Chile, A Plea For Legalizing Abortion - Now

Chile is the only country in South America where abortion is completely banned, even in cases of rape and when a mother's life is in danger. It's time to change that.

Pro-choice protest in front of a hospital in Chile
Pro-choice protest in front of a hospital in Chile

- Editorial -

SANTIAGO - Chilean president Sebastián Piñera made a rather inopportune comment when he referred to the case of an 11-year old girl who became pregnant after being raped repeatedly by her stepfather over a period of two years.

The case has sparked a passionate debate about abortion, which is currently illegal in Chile in all circumstances, including pregnancies caused by rape or when the mother’s life is in danger. The girl could have had an illegal abortion — thousands of women do each year, the majority not performed by experts or in sanitary conditions — but she didn’t.

Instead, accompanied by her grandmother, she went to the police to report her stepfather. When the news was made public, she said that she was happy to be having her baby and that “it will be like holding a doll in my arms.”

Piñera made reference to the case the next day, saying with deplorable lightness that the 11-year-old girl’s decision and statement had shown “depth and maturity.”

It is difficult to believe that a child so young, repeatedly raped by her mother’s boyfriend, could make decisions with depth and maturity. Difficult to believe and psychologically incorrect. There is no school of thought in modern psychology that supports a statement like that. On the contrary, evidence shows that when faced with a traumatic situation at that age, human beings don’t have the mental or emotional capacity to understand with any clarity or depth what is happening to them.

With his comments on the case, Piñera chose to align himself with the current legislation in Chile, the position of the Catholic Church and the opinion of the political parties that brought him to power. But the Chilean people don’t oppose abortion in all cases.

Chileans support abortion in some circumstances

In 2009, the Diego Portales University in Santiago conducted an opinion survey that covered 85% of the country's urban areas. It showed that 63% of Chileans support the legalization of abortion when the mother’s life is in danger, and 64% of Chileans are pro-choice when the pregnancy is the result of rape.

The survey results also revealed that 80% of Chileans do not support abortion if lack of financial resources is the reason given for the termination. Likewise, 68% are against abortion when it is based solely on the mother’s request, and a slight majority (51%) oppose abortion when the fetus has a genetic defect.

Chilean legislators should consider the well-being of women and listen to the opinion of the Chilean people — and legalize abortion in cases of rape and danger to the mother’s life. So should Honduras, Nicaragua, El Salvador, the Dominican Republic and Haiti. These countries share with Chile the dubious honor of having the most restrictive anti-abortion laws both in Latin America and globally.

Chile is the only country in South America where abortion is completely banned. It is also the only country that has moved against the trend in recent decades, getting more conservative with time. Abortion for medical reasons and in cases of rape was legal in Chile until 1989, the final year of Augusto Pinochet’s military government, when the outgoing regime banned abortion completely. Of course, the Catholic Church and the most conservative sectors of the political right supported the draconian measure.

But the law needs to be reversed. The subject of legalizing abortion at the request of the mother should be deliberated, not simply disregarded. Each society must establish legislation and regulations, deciding exactly when, during the nine months of gestation, a fetus becomes a person. But in cases of rape and danger to the mother’s life, there should be no debate. Abortion should be legal, safe and infrequent.

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Ecological Angst In India, A Mining Dumpsite As Neighbor

Local villagers in western India have been forced to live with a mining waste site on the edge of town. What happens when you wake up one day and the giant mound of industrial waste has imploded?

The mining dumpsite is situated just outside of the Badi village in the coastal state of Gujarat

Sukanya Shantha

BADI — Last week, when the men and women from the Bharwad community in this small village in western India stepped out for their daily work to herd livestock, they were greeted with a strange sight.

The 20-meter-high small hill that had formed at the open-cast mining dumpsite had suddenly sunk. Unsure of the reason behind the sudden caving-in, they immediately informed other villagers. In no time, word had traveled far, even drawing the attention of environment specialists and activists from outside town.

This mining dumpsite situated less than 500 meters outside of the Badi village in the coastal state of Gujarat has been a matter of serious concern ever since the Gujarat Power Corporation Limited began lignite mining work here in early 2017. The power plant is run by the Power Gujarat State Electricity Corporation Limited, which was previously known as the Bhavnagar Energy Company Ltd.

Vasudev Gohil, a 43-year-old resident of Badi village says that though the dumping site is technically situated outside the village, locals must pass the area on a daily basis.

"We are constantly on tenterhooks and looking for danger signs," he says. Indeed, their state of alert is how the sudden change in the shape of the dumpsite was noticed in the first place.

Can you trust environmental officials?

For someone visiting the place for the first time, the changes may not stand out. "But we have lived all our lives here, we know every little detail of this village. And when a 150-meter-long stretch cave-in by over 25-30 feet, the change can't be overlooked," Gohil adds.

This is not the first time that the dumpsite has worried local residents. Last November, a large part of the flattened part of the dumpsite had developed deep cracks and several flat areas had suddenly got elevated. While the officials had attributed this significant elevation to the high pressure of water in the upper strata of soil in the region, environment experts had pointed to seismic activities. The change is evident even today, nearly a year since it happened.

It could have sunk because of the rain.

After the recent incident, when the villagers raised an alarm and sent a written complaint to the regional Gujarat Pollution Control Board, an official visit to the site was arranged, along with the district administration and the mining department.

The regional pollution board officer Bhavnagar, A.G. Oza, insists the changes "aren't worrisome" and attributes it to the weather.

"The area received heavy rain this time. It is possible that the soil could have sunk in because of the rain," he tells The Wire. The Board, he says, along with the mining department, is now trying to assess if the caving-in had any impact on the ground surface.

"We visited the site as soon as a complaint was made. Samples have already been sent to the laboratory and we will have a clear idea only once the reports are made available," Oza adds.

Women from the Surkha village have to travel several kilometers to find potable water

Sukanya Shantha/The Wire

A questionable claim

That the dumpsite had sunk in was noticeable for at least three days between October 1 and 3, but Rohit Prajapati of an environmental watchdog group Paryavaran Suraksha Samiti, noted that it was not the first time.

"This is the third time in four years that something so strange is happening. It is a disaster in the making and the authorities ought to examine the root cause of the problem," Prajapati says, adding that the department has repeatedly failed to properly address the issue.

He also contests the GPCB's claim that excess rain could lead to something so drastic. "Then why was similar impact not seen on other dumping sites in the region? One cannot arrive at conclusions for geological changes without a deeper study of them," he says. "It can have deadly implications."

Living in pollution

The villagers have also accused the GPCB of overlooking their complaint of water pollution which has rendered a large part of the land, most importantly, the gauchar or grazing land, useless.

"In the absence of a wall or a barrier, the pollutant has freely mixed with the water bodies here and has slowly started polluting both our soil and water," complains 23- year-old Nikul Kantharia.

He says ever since the mining project took off in the region, he, like most other villagers has been forced to take his livestock farther away to graze. "Nothing grows on the grazing land anymore and the grass closer to the dumpsite makes our cattle ill," Kantharia claims.

The mining work should have been stopped long ago

Prajapati and Bharat Jambucha, a well-known environmental activist and proponent of organic farming from the region, both point to blatant violations of environmental laws in the execution of mining work, with at least 12 violations cited by local officials. "But nothing happened after that. Mining work has continued without any hassles," Jambucha says. Among some glaring violations include the absence of a boundary wall around the dumping site and proper disposal of mining effluents.

The mining work has also continued without a most basic requirement – effluent treatment plant and sewage treatment plant at the mining site, Prajapati points out. "The mining work should have been stopped long ago. And the company should have been levied a heavy fine. But no such thing happened," he adds.

In some villages, the groundwater level has depleted over the past few years and villagers attribute it to the mining project. Women from Surkha village travel several kilometers outside for potable water. "This is new. Until five years ago, we had some water in the village and did not have to lug water every day," says Shilaben Kantharia.

The mine has affected the landscape around the villages

Sukanya Shantha/The Wire

Resisting lignite mining

The lignite mining project has a long history of resistance. Agricultural land, along with grazing land were acquired from the cluster of 12 adjoining villages in the coastal Ghogha taluka between 1994 and 1997. The locals estimate that villagers here lost anything between 40-100% of their land to the project. "We were paid a standard Rs 40,000 per bigha," Narendra, a local photographer, says.

The money, Narendra says, felt decent in 1994 but for those who had been dependent on this land, the years to come proved very challenging. "Several villagers have now taken a small patch of land in the neighboring villages on lease and are cultivating cotton and groundnut there," Narendra says.

They were dependent on others' land for work.

Bharat Jambucha says things get further complicated for the communities which were historically landless. "Most families belonging to the Dalit or other marginalized populations in the region never owned any land. They were dependent on others' land for work. Once villagers lost their land to the project, the landless were pushed out of the village," he adds. His organization, Prakrutik Kheti Juth, has been at the forefront, fighting for the rights of the villages affected in the lignite mining project.

In 2017, when the mining project finally took off, villagers from across 12 villages protested. The demonstration was disrupted after police used force and beat many protesters. More than 350 of them were booked for rioting.

The villagers, however, did not give up. Protests and hunger strikes have continued from time to time. A few villagers even sent a letter to the President of India threatening that they would commit suicide if the government did not return their land.

"We let them have our land for over 20 years," says Gohil.

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