Mapuche International Link/English

In Defence of Rakgo Mapu:

Building a case for Mapuche self-determination

Continued

In Latin America, the Organization of American States (OAS) has responded to vigorous indigenous lobbying by developing its own declaration on the rights of indigenous peoples (Selverston-Scher, 1998). The OAS Proposed Declaration on Indigenous Peoples, started in 1989, was in part inspired by developments within the United Nations and the adoption of ILO 169. In attempting to redefine political, social and cultural relations between indigenous peoples and states, both the UN Draft and OAS proposal have built upon the standards established by ILO 169. They do so by recognizing rights in three main areas: 1) self-determination, autonomy and self-government; 2) lands, territories and resources; and 3) political participation rights. These rights are all in some way related to fundamental guarantees of non-discrimination and cultural integrity. Initiatives such as ILO 169, the Draft Declaration on the Rights of Indigenous Peoples and the OAS Proposed Declaration on Indigenous Peoples are evidence of a growing international respect and recognition for indigenous self-determination.

However, despite the enthusiasm of indigenous organizations, many states remain deeply concerned about the question of self-determination and the limits of indigenous autonomy. The right of indigenous "peoples" to self-determination has been contentious as certain states claim that recognition of this right will lead to secession and territorial dismemberment. The fear of "the Balkanization of the Nation" is a common argument against recognition of indigenous rights and autonomy ( Carlsen, 2002). For their part, indigenous peoples, with few exceptions, have stated that they have no desire to secede from states. In 1998, the Mapuche organization, Consejo de Todas las Tierras, expressed this sentiment: "We cannot deny the existence of Chilean society, nor can it deny our existence as Mapuche ...We are not promoting independence or a sovereign state; it is impossible. There are established towns and a mixing of the two cultures " ( Nuñez and Diaz, 2000). However, despite such assurances from indigenous organisations, Chile remains uncomfortable with any talk of an indigenous right to self-determination as "peoples."

With respect to the textual references to self-determination in the UN Draft Declaration, Chile has argued that some clarification was needed to assuage the "threat" states perceived to their territorial integrity ( Barsh, 1996). This was deemed possible through internal "self-determination.in the context and framework of the States in which indigenous peoples live" ( Barsh, 1996). Chile suggested Article 3 of the Draft be revised to the following: "Indigenous peoples have the right to be recognised and to define themselves as such, with their differences, and to pursue their development in accordance with objectives, aims and methods in keeping with that definition, as part of the plural society that makes up the State to which they belong" ( Barsh, 1996). This suggestion, enthusiastically endorsed by many other state representatives, re-defines self-determination as it applies to indigenous peoples ( Barsh, 1996). The Chilean representatives hoped to by-pass the definition of self-determination established under the International Covenant on Civil and Political Rights (1966). [14]Further, Chile 's resistance to any form of settlement based on autonomy and self-determination is clear by the government's failure to ratify ILO 169, and its criticism of the UN Draft Declaration.

According to a 1998 report in Human Rights Quarterly , Chile objects in part, or in whole, to fifteen of the forty-three articles in the Declaration and fails to provide an opinion on another twenty-four articles. Most critical to Mapuche demands, is Chile 's rejection as a whole of Article 3, "the right to self-determination," and Article 26, "the recognition of historical treaties" ( Barsh, 1996). Arguably, while the international community is developing new norms in international recognition of indigenous rights, [15]Chile remains a backwater of 'business as usual.' [16]There is no constitutional decree that recognises the legal, physical and cultural existence of indigenous populations; there has been no ratification of Convention No. 169 of the ILO; there have been no changes in natural resource management policies from those in force under the Pinochet dictatorship; and there has been no attempt to examine Mapuche demands for self-determination, as enshrined in Article 1 of the International Covenant on Political and Civil Rights and the International Covenant on Economic, Social and Cultural Rights ( National Commission of Indigenous Peoples of Chile, 2001).

While the Chilean government continues to resist developments in international rights, it must be aware that Mapuche aspirations for self-determination and land rights cannot be silenced. The Mapuche people have suffered greatly under colonial occupation. According to a report by the UNPO:

The suffering the Mapuche people have endured due to forced evictions from their lands in the name of the 'common good,' 'development,' industrialization and privatisation, have seriously undermined the Mapuche way of life ( Unrepresented Peoples and Nations Organization, 1997).

The attitude of the Chilean government is short sighted. The frustration of Mapuche communities at the intransigence of the government and the rampant exploitation of their traditional lands is a "time bomb" ( Cristian, 2000) that without support from the international community and commitment from the Chilean government could lead to another "Chiapas-style conflict" ( Robberson 1999). As the largest "ethnic group" in Chile , the Mapuche voice will only continue to grow in condemnation of state policies. In the words of the Mapuche community of Lumako:

At no time will the development of the struggle be halted. [Our] values are revitalising the assertion of our claims to recovery of our lands. This will be clarified when the Chilean state recognises that we are a multicultural country, which in turn will signify recognition of Mapuche self-determination. In other words, we should share this territory with all equalities and rights, realising the autonomy of the Mapuche people (UNPO, 1999).

Conclusion

This paper has made two critical observations in support of the Mapuche struggle. First, the parlamentos signed between Chile , Spain and the Mapuche remain in effect and Ragko Mapu has never been extinguished, despite settler occupation and military invasion. Second, the Chilean government operates as a reactionary force within the international legal forum, an intransigence that threatens to place the state in direct conflict with over one million of its own citizens.

In light of these findings, a number of interim recommendations should be made to address the present conflict between the Chilean state and Mapuche Nation.

First, the Chilean government must introduce a constitutional amendment that recognises Chile 's indigenous peoples. Second, the Chilean government must ratify Convention No. 169 of the ILO. Third, Mapuche representatives and the Chilean government must establish a forum to discuss the parlamentos and their legal challenge to state resource development policies within Ragko Mapu . Fourth, the Chilean government must enforce its own environmental regulations and limit the destructive practices of the logging industry. Fifth, the Chilean government and Mapuche Nation must work together, in the spirit of creativity, to institute research projects throughout Ragko Mapu , working with communities to develop a model for future Mapuche autonomy. And last, the Indigenous Governance Program at the University of Victoria , B.C ought to establish an exchange program with the Indigenous Institute in Temuco , one that aims to exchange expertise and support on indigenous-settler treaties, self-determination and autonomy.

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1. In the Mapuche language, Rakgo Mapu refers to Mapuche traditional territory . In Spanish, this territory is commonly referred to as Araucania.

2. A Nation is a cultural territory made up of communities of individuals who see themselves as "one people" on the basis of a common ancestry, history, society and institutions, ideology, language, territory and often religion. A person is born into a specific nation by being born a Kurd, a Basque, or a Tibetan, for instance. An outsider cannot become Tibetan by moving to Tibet . To be Tibetan is to born Tibetan, to be Basque is to be born Basque. A nation is both the cultural homeland of a people and a people who have a cultural homeland. A nation is a community of self-identifying people who have a common culture and historical territory. See: Nietschmann, Bernard. "The Fourth World : Nations versus States." In Reordering the World, eds . Demko, George J and William B. Wood. Boulder , Westview Press. pp 225-242.

3. The modern state is the outgrowth of European kingdoms and overseas colonialism. The state is a legal creation, with a centralized political system and boundaries recognised by other states. It uses a civilian-military bureaucracy to establish one government and to enforce one set of institutions and laws. It typically has one language, one currency, one flag and sometimes one religion. Most states are created and run by nation cores or "bedrock nations" that have become both the point of expansion and the hegemonic culture. Such examples would be the Han/China, the English/UK, the Castile/Spain the Java/Indonesia. See: Nietschmann, Bernard. "The Fourth World : Nations versus States." In Reordering the World, eds . Demko, George J and William B. Wood. Boulder , Westview Press. pp 225-242.

4. The Bío-Bío River is located approximately 500 km south of the capital Santiago .

5. Law of December 4 th 1866 . Indigenous community leaders must prove occupancy of lands for at least one year. Those lands would be surveyed by a commission and allotted to the community. Any surplus lands were deemed uninhabited and opened for settlement. The 1866 Law was similar in design and effect to the later Dawes Act in the United States .

6. The "Pacification of Araucania" is known as La Ultima Matanza (The Last Massacre) by the Mapuche. In the course of 35 years (1884-1919), approximately 80,000 Mapuche were confined to some 3,000 reservations. During the same period, approximately 22 million acres of Mapuche land were given to Chilean and foreign settlers.

7. The author often found that Chil eans still referred to a sense of cultural kinship with the English. However, this sentiment is largely found within the older generations, as youth tend to relate more with North American culture.

8. The national census uses the word etnico to describe Chileans of non-European descent. This paper acknowledges that indigenous peoples do not regard themselves as an ethnic group or a minority.

9. This contrasts with Ecuador , where Indian rights groups have won special recognition, protection and land rights, through the support of over 100 elected indigenous legislators.

10. Mapuche Inter-regional Council (CIM) is an umbrella organisation located in Temuco city, which is in the heart of Mapuche territory. CIM comprises of a network of groups and organisations based in various regions of Chile and have the objective of promoting the cultural, social and economic development of the Mapuche Nation. CIM is a member of the Unrepresented Nations and Peoples Organization (UNPO).

11. Constitución Política de la República de Chile de 1980 con Reforma de 2000 . Articulo 5: "El ejercicio de la soberanía reconoce como limitación el respeto a los derechos esenciales que emanan de la naturaleza humana. Es deber de los órganos del Estado respetar y promover tales derechos, garantizados por esta Constitución, así como por los tratados internacionales ratificados por Chile y que se encuentren vigentes"

12. The Unrepresented Nations and Peoples Organization (UNPO) is a democratic, international membership organization. Its members are indigenous peoples, occupied nations, minorities and independent states or territories who have joined together to protect their human and cultural rights, preserve their environments, and to find non-violent solutions to conflicts that affect them. UNPO provides a legitimate and established international forum for member aspirations and assists its members in effective participation at an international level. For more information see: <http://www.unpo.org/>

13. The mandate of the WGIP is twofold: To review national developments pertaining to the promotion and protection of the human rights and fundamental freedoms of the indigenous peoples; and to develop international standards concerning the rights of indigenous peoples, taking account of both the similarities and the differences in their situations and aspirations throughout the world.

14. The term indigenous peoples, as opposed to indigenous populations or people, has been a contentious issue in many international fora because of its implications for the applicability of the right to self-determination, in that "all peoples" have the right to self-determination. Important international treaties like the International Covenant on Civil and Political Rights (1966) refer to the right of self-determination, stating that, "all peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development." Most governments fear that granting the right of self-determination to these "peoples" will allow them the right to secede under international law.

15. See: Working Group on Indigenous Peoples Draft Declaration and Organization of American States Proposed Declaration on Indigenous Peoples

16. On February 11th 2003, the Inter-American Court on Human Rights asked the Chilean government to freeze a hydro-development project that threatened to modify the flow of the Bio-Bio River and flood Mapuche land, "until the organs of the inter-American system of human rights has adopted a definitive decision." However, the government has refused, arguing that the 1982 Electricity Law allows for the expropriation of private property to provide for the public good, regardless whether it is indigenous lands. This example, repeated across Mapuche territory , is the greatest barrier to indigenous self-determination. The interests of resource-based industry, the encroachment of modern agriculture, timber industries and hydro-development, continue a process of colonialization that began with the land allotment acts of 1852 and 1866. (Langman, James. "Indigenous fight to keep land in Chile". Washington Times , February 11th 2003)

Ben Morton completed his undergraduate degree in North American Studies at Liverpool University in 1997. He has lived in Belize , Chile and Ecuador and has been, for the last ten years, an adopted member of the Sioux Valley Dakota Nation in Manitoba . His research interests include indigenous self-determination and Dakota language revitalisation.