Critical infrastructure regulation and water security in Chile: Tensions and failures in protecting access to water and sanitation

Abstract

The development of new types of crime at a global and local level has prompted institutional responses from states in an effort to confront this threat. As part of these policies to strengthen public security, in the case of Chile, Law 21.542 was passed and entered in force in 2023, which modifies the Constitution to allow the protection of critical infrastructure by the military in the event of serious or imminent danger. That year, the bill that develops it was presented, establishing the criteria of criticality and impact and the liabilities of the owners of such infrastructure. This paper investigates the possible consequences of such special intervention, using the situation of critical infrastructure in terms of access to water and sanitation, as an exemplary case of an essential service for the maintenance of vital social functions. It explores the tensions between the assurance of essential services, the control of security threats and the effective enforcement of fundamental rights and freedoms, ending with a critical commentary on the approach of Chile's constitutional reform and critical infrastructure bill, which in the area of access to water incorrectly address protection measures, overlooking necessary measures to support the security of water and sanitation systems that are more vulnerable and susceptible to disruption.