International mission confirms serious rights violations
The report undertaken in the Sala Ercilla de la Biblioteca Nacional points to the "inability of the State in finding institutional solutions to the conflict that dates from the occupation of indigenous territory," a governmental policy of criminalising the Mapuche movement, with repression being an institutionalised practice.
By Paulina ACEVEDO - Friday 18 of April 2008
Santiago/ In the presence of top lawyers, amongst whom were the human rights lawyer, Fabiola Letelier and the ex judge Juan Guzmán Tapia, The American Association of Lawyers and The Permanent Assembly for Human Rights announced yesterday the findings of the International Mission on Araucanía, in its "Report on the Repression and Criminalisation of the Mapuche Nation in Chile."
The objective of the mission, made up of lawyers from the aforementioned assembly and of the Argentinean and Chilean branches of The American Association of Lawyers, was to verify in situ the accusations of political violence and systematic violations of the human rights of the Mapuche nation through interviews with leaders and traditional Mapuche authorities, governmental authorities and Mapuche prisoners to whom the anti-terrorist law has been applied. In addition, it also attempted to gather information on legislation applied in various conflicts and on the legal status pertaining to the rights of the Mapuche nation in order to deliver a technical analysis and to explore possible institutional and jurisdictional solutions.
Amongst its main conclusions, the report affirmed that there are multiplicities of historical, legal and territorial factors that legitimate the demands of the Mapuche nation faced with "the inability of the State in finding institutional solutions to the conflict that dates from the occupation of indigenous territory." However, a governmental policy of the criminalisation of the Mapuche movement was evident. They stated that: "lack of response from the state can lead to aggravating the badly managed conflict".
The actions of the police have obstructed "the creation of mechanisms for the legitimate and effective participation of the community," installing instead "mechanisms of manipulation and coercion," methods that are used to fragment the Mapuche nation and its organisations, whereby "those who assimilate and compromise their principles are rewarded and those who fight for their rights are punished".
It is also noted that the land policy implemented by CONADI and the 'Programa Orígenes' (a governmental development agency) "relies on insufficient resources, operates with unclear procedures and has been subjected to 'preferential policies'". In addition, the "policies set up for indigenous people through governmental programmes, have not led to substantial changes in the living conditions for the Mapuche but, moreover, have generated and deepened the conflict".
One must bear in mind that the ILO (International Labour Organisation) convention 169 - which they ask to be ratified without reservation or any interpretation - establishes not only land rights of the indigenous population, but also respect for the territory and the natural resources that are found there. The report goes on to criticise the conflicting relationship between national and transnational investments in micro-projects and the preservation of the historic territories of the Mapuche nation. It is argued that "the applied public policies, environmental damage and restrictions on the management of the natural resources have led to the exclusion and fragmentation of the social fabric in the community."
Special mention was made of the use of the antiterrorist law against the Mapuche, "applied as a tool of political persecution" and the permitted use of unidentified witnesses, which in practice results in the absence of a meaningful trial and the right to a legitimate defence as safeguarded in the International Pact of Civil and Political Rights, ratified by Chile in the 1970s.
In the judgement of the legal team, "the permanent presence of the police force and unidentified armed persons in the area, the use of lethal weapons and ammunition by the police and the availability of police protection for favoured state employees "have seriously put at risk and harmed fundamental rights such as to life, physical wellbeing, the right to free movement and to personal safety.
The special authority that military tribunals enjoy, which was set up by existing officials subject to the chain of command and which requires no legal training, does not afford "the minimum independence necessary to guarantee a fair trial," and should be limited to judgements on the military and the police in active service, like the condemnatory sentence of the Inter-American Court against Chile in the Palamara case and in the recommendations of the UN Human Rights committee, which Chile hopes to join. In contrast, such tribunals are authorized to know all the facts from the policemen involved, including those which affect civilians, their having had, until now, complete impunity in the cases brought against them by Mapuche people for the use of excessive force and the deaths of Alex Lemún and Matías Catrileo.
In matters of justice, the report highlights the difficulties faced by the Mapuche in gaining legal representation, as much for a lack of money as for a fear of the lawyers who represent them. In addition, they are denounced as "inefficiencies" by the defence team "evidenced by the legal situation of Mapuche prisoners and the lack of questioning of the serious deficiencies of the trials." One recalls that in accordance to ILO Convention 169 recently adopted in Congress, "National justice should consider the customs or the common rights of indigenous peoples...preferring alternative sanctions to imprisonment."
The situation in which the younger people in the communities find themselves was considered just as "dramatic," their being exposed to constant harassment, illegal interrogation and witness to violence and threats towards their parents and close family. This has led to severe psychological damage, corroborated by public health services and denounced - without a positive result - in courts of law and recently before international organisations which defend children's rights. This situation adds to the lack of "access to intercultural and bilingual education... and an adequate standard of living, development and health."
Finally, the report refers to the role played by the media, pointing out that, "in general, news stories related to the conflicts and the Mapuche community are treated with partiality, prejudice, the deletion of information and even on occasions, using racist language." / AZ
Translation by: Pete Wham