Tag Archives: Antiterrorism Law

The Militarisation of Mapuche Regions in Chile (Op-Ed)

Note: Written by Claudio Fuentes. The original Spanish version of this article appeared in Chilean online newspaper El Mostrador. The original English translation of this article first appeared on the Chileno website.

Militarizing Araucanía: A Bad Idea

Is it advisable to militarise Araucanía? Although the Government has not for the moment invoked any state of emergency, it has taken two steps. A decision was made to restrict the freedom of individuals that began with major police roadblocks and involving the armed forces with intelligence work. Indeed, in addition to an increase in the number of police officers, the President announced that police would establish a “special area of control and security in those places that have been most affected by these crimes, so as to establish permanent control daytime and night, both vehicular traffic and the identities of persons travelling in the most affected areas. ” Continue reading

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Mapuche Hunger Strikers Reach Day 40; Attorneys Argue in Front of Supreme Court

On Thursday, October 4th, attorneys for four Mapuche prisoners who were sentenced for a variety of alleged crimes, including attempted murder of police officers, went before the criminal chamber of the Chilean Supreme Court. The attorneys argued for a mistrial and dismissal of the convictions based on a lack of evidence. Additionally, arguments were made to apply the American Convention on Civil Rights and the International Labor Organization Convention 169 on Indigenous Peoples to the prisoners’ prison conditions, which could allow them additional prison privileges. The Supreme Court is expected to announce its decision with respect to these issues on October 24, 2012. Continue reading

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Amnesty International Highlights Indigenous Situation in Argentina, Chile, and Paraguay

On Thursday, May 24th, Amnesty International released its annual report entitled, “The State of the World’s Human Rights.” The document, which is more than 400 pages long, highlights major global human rights issues and then examines the human rights situation country-by-country. Indigenous peoples’ rights are discussed in the context of 14 different country reports, including: Argentina, Chile, and Paraguay. Below is a summary of what Amnesty International had to say about indigenous rights in each of those countries. If you’d like to review the entire document, you can download the entire English version here. Continue reading

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Mapuche Prisoners File Claim Against Chile with the OAS

On Wednesday, November 30th, a complaint was filed against the Chilean government with the Inter-American Commission on Human Rights — a structure of the Organization of American States (OAS). The petition was brought by four Mapuche prisoners who have alleged human rights violations in the way they their trial was handled, and seeks to have the international body inform Chile that the country’s Antiterrorism Law needs to be reformed to adhere to human rights law. The Commission is expected to rule on the admissibility of the petition and whether they will take the case sometime this week. Continue reading

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UN High Commissioner Discusses Indigenous Issues in Chile

This week Chile finds itself hosting Kang Kyung-wha, the United Nation’s Deputy High Commission on Human Rights. Kang is largely in the country due to the ongoing protests and movements related to education within Chile, but is also taking some of her time to discuss Indigenous rights. During her time in the country, Kang spoke about Indigenous rights with the President of Chile’s Supreme Court, the Mapuche Federation of Students (FEMAE in Spanish), and the Mapuche Territorial Alliance among others. Continue reading

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Court Acquits Two Mapuche of Charges Under Antiterrorism Law

On Friday, September 30th, a Temuco Court acquit two Mapuche men – Luis Tralcal and Mauricio Huaiquilao — of a number of crimes, including charges made under Chile’s Antiterrorism Law. The case stemmed from a variety of incidents that occurred between 2005 and 2009, and the trial began on September 5th of this year. After 18 days of trial, the case concluded today and the judges gave their verdict. Despite the victory for the Mapuche defendants, there was some talk about the judgement being challenged by the prosecutor. Continue reading

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Human Rights Watch Director Concludes: Strong Evidence of Police Abuse Against Mapuche

On Wednesday, August 24th, the Commission for the Rights of the Mapuche held its second meeting — this time in Concepción. In attendance at this meeting was José Miguel Vivanco, the Director for Human Rights Watch in the Americas. After the meeting, Vivanco gave an interview in which he discussed the relationship between the Chilean government and the Mapuche people. Among other things, he stated: “We have conducted some studies and have concluded that there is, indeed, strong evidence of police abuse, of police brutality during raids, and of excessive and unjustified force, which has resulted in the loss of Mapuche lives during this conflict.” Continue reading

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Mapuche Case to Go Before the Inter-American Court on Human Rights

According to attorney Jaime Madariaga, the Inter-American Court on Human Rights will hear the case of Aniceto Norin and Pascual Pichún — two Mapuche leaders (lonkos) who were convicted of making terrorist threats under Chile’s Antiterrorism Law in 2003. According to the report, the Inter-American Commission on Human Rights — which is part of the Organization of American States system — decided that the matter should go before the Court. Specifically, the case will be against the Chilean Government and the claim will be that Norin and Pichún were deprived of liberty without due process, which amounts to a denial of fundamental human rights. Continue reading

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Commission for the Rights of the Mapuche Holds First Meeting

On Thursday, July 21st, the Commission for the Rights of the Mapuche held its first meeting in Concepción. The Commission was created to address the issues of the Mapuche people, especially with respect to Chile’s Antiterrorism Law. The creation of the Commission grew out of the conviction of four Mapuche individuals whose trial included the use of “secret witnesses” (witnesses whose identities were never revealed to the defendant). In order to protest this application of the Antiterrorism Law to their case, the four individuals went on an 87-day hunger strike and, at its conclusion, formed the Commission for the Rights of the Mapuche with several non-Indigenous allies. Continue reading

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FIDH Representatives Visit Chile to Observe Treatment of Mapuche People

The International Federation for Human Rights (FIDH), which is an umbrella organization for more than 160 human rights organizations globally, sent several representatives to Chile to monitor and assess human rights in the country. Of particular interest to FIDH is the relationship between the Chilean Government and the Mapuche people, particularly with respect to the Antiterrorism Law. The FIDH representatives will be in the country all week, but have already expressed their concern about how the Mapuche are being treated under the law and are interested in encouraging the Chilean Government to make changes to the Antiterrorism Law. Continue reading

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