The Silala: Unutilized Waters Flowing Towards Chile | El Silala: Aguas sin aprovechamiento que fluyen hacia Chile

By Javier Viscarra, Brujula Digital:

Two years after the ruling in The Hague, negligence and ineffectiveness define Bolivian diplomacy and its technical management. Diremar has proposed three strategies, but Foreign Minister Celinda Sosa remains unresponsive.

The Silala: Waters Without Use Flowing Towards Chile

This December 1 marks two years since the International Court of Justice (ICJ), based in The Hague, Netherlands, issued its ruling on the dispute raised by Chile over the “status and use of the Silala waters.” However, Bolivia has yet to implement concrete actions to address the ruling, while 160 liters per second of this transboundary resource continue flowing to Chile without a serious attempt, not even a draft project, to utilize these waters for the benefit of Potosí.

The Silala is a hydrological system composed of surface and groundwater originating from springs located in the Southern (Oriental) and Northern (Cajones) wetlands of Potosí, Bolivia, flowing toward Chile. These waters, situated at an altitude of 4,300 meters above sea level, consist of fossil waters over 10,000 years old, according to technical studies.

The history of the Silala spans over a century of concessions and missteps. In 1906, Bolivia granted the first concession for these waters to the Antofagasta (Chile) and Bolivia Railway Company Limited, and in 1908, their use was formalized to supply steam locomotives on the Antofagasta-La Paz railway. What began as a functional agreement soon evolved into a series of misguided decisions and governmental neglect.

In contemporary times, the ICJ dispute defined the Silala as an international watercourse under customary international law, which comprises rules and practices derived from customs that acquire legal force. However, more than the ruling itself, the concern lies in the future, where Bolivia’s lack of initiatives to assert its interests is evident.

Dismantling the Canals?

Bolivia holds the decision to dismantle the canals that enhance the flow of Silala waters toward Chile. Such a mandate, however, requires a coherent plan that does not cause significant harm to the other riparian state and the political will to execute it.

Bolivia’s first counterclaim before the ICJ sought to affirm this sovereign right to construct, maintain, or dismantle the canal infrastructure within its territory. With no objection from Chile, the Court deemed this counterclaim moot, a ruling interpreted as implicit consent to exercise that right.

This is one of the three strategies proposed by the Strategic Directorate for Maritime Reclamation, Silala, and International Water Resources (Diremar) to Foreign Minister Celinda Sosa, which remains unanswered.

Institutional Disconnect

Communication between Diremar and the Ministry of Foreign Affairs is poor and characterized by an absurd institutional disconnect. This dysfunction has led to questions about the continuity of these offices at higher political levels. During an interinstitutional meeting this year convened by Diremar to address the Silala issue, disagreements with the Foreign Ministry over roles and responsibilities hindered progress.

Sources close to the Ministry of Foreign Affairs claim that Diremar’s three strategies or scenarios, presented nearly a year ago, remain virtually shelved. Diremar officials also did not actively participate in the latest bilateral meetings with Chile on shared water resources. Meanwhile, the Ministry of Environment and Water, which should technically lead any potential dismantling and restoration process, has remained silent.

Dismantling the canals must be executed carefully to allow subsequent restoration of the wetlands, as the Silala is a site protected by the Ramsar Convention on Wetlands of International Importance. According to conclusions from a Ramsar mission before the 2022 ruling, immediate mitigation actions and a restoration program were recommended. This task could take several years and incur high costs, which remain uncalculated.

The Three Proposals by Diremar

Last year, Diremar presented three strategies or scenarios:

  1. Exercising Sovereign Rights over the Silala
    This involves restoring wetlands after dismantling the canals. According to the Danish Hydraulic Institute (DHI), contracted by Bolivia, water flow without the canals could decrease by 11% to 30%, although Chile claims the reduction would be minimal (1% to 3%).
  2. Integrated Management of Shared Waters
    This proposal entails a joint approach to the Silala, Lauca, and other shared water resources. Institutional coordination failures have stalled discussions on this approach.
  3. Comprehensive Water Governance
    Based on international models of cooperation, this strategy could pave the way for a mutually beneficial agreement. It could also mark the beginning of a shift in relations with Chile, stagnant for nearly half a century.

Mistakes and Setbacks

While looking forward is essential, reviewing past mistakes is crucial. Two particularly serious missteps stand out:

  1. Initial Denial of the Silala’s International Nature
    During David Choquehuanca and Juan Carlos Alurralde’s tenures at the Foreign Ministry, Bolivia insisted that the Silala was not an international watercourse, a position lacking technical basis that undermined Bolivia’s defense before the ICJ.
  2. Evo Morales’ Arrogance
    In 2016, former President Morales claimed the flow to Chile was controllable and exclusively Bolivian, contradicting technical studies showing the transboundary nature of the Silala. That same year, in March, he threatened Chile with a lawsuit before the ICJ. In response, Chilean Foreign Minister Heraldo Muñoz secretly visited the Silala, hired a team of experts, and filed the lawsuit over the Silala waters within three months, preempting Bolivia.

Costs and a Censurable Omission

Two years after the ruling, clarifying and making transparent the expenses associated with the process, including the costs of international technical studies, remains imperative. It is also crucial to identify who was responsible for Bolivia’s inaction in 2019 when Chile proposed withdrawing the lawsuit under terms that essentially aligned with the eventual ruling.

Who decided to ignore the note sent by then-Chilean Vice Foreign Minister Carolina Valdivia to her Bolivian counterpart Carmen Almendras? Answering this question is vital, not only due to the economic impact that could have been avoided but also because of the missed opportunities for Potosí and Bolivia.

Actions on the Silala

Recently, without Foreign Ministry guidance, Diremar has focused on monitoring the Silala area to verify water flow to Chile and prevent unauthorized actions by local communities against the drainage canals.

In these local efforts, the only visible and insignificant activity has been the grazing of camelids near the wetlands—a routine practice carried out before, during, and after the lawsuit over Silala waters.

A New Era

In recent weeks, Bolivia and Chile have resumed dialogue covering various topics on their extensive bilateral agenda, highlighting the management of transboundary water resources. These shared resources, crossing the common border at nearly 20 points, represent both a challenge and an opportunity for both countries.

The upcoming meeting, scheduled for early December, raises expectations, though the lack of disclosure about the topics—excluding Silala and Lauca—leaves room for speculation and undisclosed strategies.

Meanwhile, Chile is advancing its own water agenda with a $250 million World Bank-financed “Fair Water Transition Program.” This ambitious project aims to address water stress through 2029 by combining environmental, social, and economic objectives, presenting a governance model Bolivia could consider during this rapprochement phase.

Conclusion

The history between Bolivia and Chile is marked by disputes that have shaped decades of mistrust. From early disagreements after the republics’ founding, the War of the Pacific, to ICJ litigation, the joint path has been rocky. However, even in the darkest moments, the will to dialogue has found instances of light.

The ICJ ruling left an open door: negotiation in the spirit of good neighborliness. The Silala case symbolizes the complexities of this relationship. Beyond each nation’s defended rights, the ICJ ruling did not resolve all technical aspects of these shared waters. There remains a space to be filled, one where negotiation tables could become bridges.

For this to happen, both nations must shed old suspicions and embrace dialogue that seeks long-term, mutual benefits rather than immediate gains.

Perhaps, in this new exercise of shared governance, a different era is on the horizon—one where Bolivia and Chile can finally sit as neighbors looking forward, free from the shadows of their past.

Javier Viscarra is a journalist and diplomat.

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