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Solidarity and Support for political prisoners from the Mapuche Nation Europe, December 2003
A decade has gone by since the promulgation of law number 19.253 of 5 October 1993 on the Protection, Promotion and Development of the Indigenous people of Chile, following the Pact of the New Imperial (1/11/89). We can, however, note that the Indigenous Population of Chile is and will be subject to the interests of transnational capital. According to the report by the "Chilean Commission on Truth and New Deal", the interpretation of the Law on Indigenous People by the representatives of the Chilean State shows that the priority and interest given to the demands of Indigenous People is determined by the transnational companies that are active in Chile. This commission places the system of Indigenous reservations and the division of territory before any Mapuche demands. Imposing these juridical and territorial conditions is a colonialist tactic, and as such, is not a feasible solution. After nearly three decades of successful economic growth in Chile, it is possible to conclude that the social project and in particular the so-called "progress" proclaimed by the economic and political elite produces neither social welfare nor democracy. The free market and democratisation it seems are incompatible. Neoliberal structural adjustment has given new life to the uneven distribution of income and wealth, and indigenous people fare worst of all. Hydro-electric dams, landfill sites and roads have been built across sacred areas of Mapuche land, logging rights to native forests have been granted, and Mapuche land has been given away to forestry companies and salmon farms, all of which proves that the Chilean state does not intend to guarantee the integrity of Mapuche ancestral lands nor the defence of Indigenous people's rights. The pillaging of natural resources which transnational companies are carrying out with the blessing of the Chilean state is creating misery and substantial deterioration of the environment in Mapuche areas. Any attempt by residents to overcome the misery that they have been subjected to is met with political repression. The repression and persecution of anyone actively demanding better living conditions, justice and freedom for our people, is evident. Hundreds of Mapuche go through Chile's civil and military courts for cases related to the recovery of ancestral lands, and more than ten Mapuche political leaders are currently in prison. In all these cases the Chilean courts of justice selectively apply the political-juridical body handed down from the military dictatorship - the national security law and the anti-terrorism law. A year ago, our brother Edmundo Lemun - a 17-year-old young man - was murdered by a Chilean police officer. The Chilean Court Martial threw out the case, considering shooting an unarmed young man as an act of self-defence. Once again the Chilean courts are guaranteeing impunity of the military and the police. In the last few months, hundreds of Mapuche have been tried and sentenced to long prison terms. There are currently several political prisoners on hunger strike. Pascual Pichun and Aniceto Norin, Mapuche Lonkos (Mapuche Chiefs) were condemned to a 5 year gaol sentence for the crime of "terrorist threats". Because of this flagrant legal abuse, on 7 October they began an indefinite hunger strike. Since 3 November another Mapuche Lonko, Jose Cariqueo, has also been on an indefinite hunger strike. He is on trial for "illicit terrorist association". Since the advent of "democracy" the National Security and Anti-terrorist laws have only been applied to Mapuche people. The representatives of the Chilean state are trying to use political repression and mistrust of the legal system to sow the seeds of fear, throwing our leaders and traditional authorities in gaol. It is their intention to imprison a people, a culture and an identity. In the El Manzano high security prison in the city of Concepcion, two of our most prominent Mapuche political leaders, Jose Huenchunao Mariñan and Victor Ancalaf Llaupe, are serving a sentence for "illicit terrorist association". As Mapuche people living in Europe, we are calling on human rights organisations, on any organisation that gives solidarity to indigenous people, on political organisations and on civil society, to speak out in defence of Mapuche political prisoners and support our people's struggle for justice and freedom. We would like you to contact the Chilean authorities listed below and demand that they respect the status of their political prisoners in accordance with international guidelines, in particular those laid down in the Interamerican Convention to Prevent and Sanction Torture, and the International Convention on the Elimination of Racial Discrimination. Please stress that you are demanding unconditional respect for international human rights obligations, and that the demands of the political prisoners on hunger strike are heard. For further information please contact: Jorge Calbucura Reynaldo Mariqueo __________________________________ Sample Letter Mr Ricardo Lagos
We are very concerned about the imprisonment of Mapuche leaders and the people in traditional authority, especially for the health of those who are on hunger strike in various Chilean prisons. Patricia Troncoso is critically ill, having been in prison for 14 months, and on hunger strike since 12 October. We have information from Mapuche communities and from the prisoners themselves. Most Mapuche prisoners have been judged and sentenced by two means, "fiscales" who have been appointed to process these cases as well as military tribunals. This treatment flagrantly contravenes the principle "non bis in idem". Most of the prisoners have had two trials, accused of breaking the penal code and the military code, being judged under the Anti terrorist Law, the Law controlling the use of arms, or the State security Law. Most Mapuches who are now in prison have not been given access to an advocate in whom they have confidence, nor have they had interpreters if they needed them. Chilean justice has not allowed the accused to present a legal defence. Most prisoners have been cruelly interrogated before being brought into the justice system. To accuse and judge Mapuches as terrorists has denied them the opportunity of being bailed or having anything other than a custodial sentence. In prison they have been subjected to extremely hard conditions and they bear witness to intimidating and racist treatment by the prison authorities. Mr President, we are extremely alarmed by these events. We ask you particularly to listen to the requests of those Mapuche prisoners on hunger strike. These are to:
We ask that political prisoners of the Mapuche nation be given the treatment laid down in international law. In particular we ask that two international conventions be respected: the Interamerican one to prevent and punish torture, and that which is designed to bring an end to all forms of racial discrimination. Yours sincerely --------------------------- Copy: Luis Bates Hidalgo José Miguel Insulza Salinas
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