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Tag Archives: Convention 169
Chile’s Supreme Court Halts Wind Farm Project and Orders Consultation with Mapuche People
On Friday, March 23rd, the Chilean Supreme Court handed down a decision in favor of a Huilliche-Mapuche community who were trying to stop Ecopower — a Chilean-Sweedish company — from building 56 wind turbines on the island of Chiloé. The Huilliche community claimed, among other things, that they were never effectively consulted about the project and that the project would negatively affect Mapuche ceremonial sites and burial grounds. The Supreme Court agreed that consultation had not occurred and ordered that the project be halted until consultation has been completed. Continue reading
Posted in Chile, Mapuche
Tagged Consultation, Convention 169, Court Decision, Huilliche
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Court of Appeals Suspends Construction of Power Lines through Mapuche Ancestral Lands
On Wednesday, January 25th, the Temuco Court of Appeals found in favor of several Mapuche communities who sought to stop construction of power transmission lines through their ancestral lands. The Mapuche communities argued that they were not consulted about the project as is required by International Labor Organization Convention No. 169 (ILO 169), which has been ratified by Chile and is a part of Chilean law. The decision — a victory for indigenous rights — may still be appealed to the Chilean Supreme Court. Continue reading
Supreme Court Issues Another Decision Addressing Police Violence in Mapuche Communities
On January 5, 2012, the Chilean Supreme Court upheld a ruling in favor of a Mapuche youth from Temucuicui that originated in the Court of Appeals in Temuco. The case arose following an altercation between police forces and Mapuche community members in Temucuicui on December 8th, during which the police detained Felipe Marillán Morales, a 12-year-old minor. It is the second case in recent weeks to address the legality of police operations in the Araucanía region. Continue reading
Posted in Chile, Mapuche
Tagged Carabineros, Convention 169, Court Decision, Ercilla
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Chilean Senate Urges Executive Branch to Consult with Aymara, Kawashkar Peoples
According to a Chilean Senate press release dated January 6th, the Senate has voted twice in recent days to request the President to consult with specific Indigenous communities within Chile. One vote requested that the President consult with the Kawashkar people over coastal zoning that is to take place in and around their community, and the other vote related to various environmental regulations that could affect water rights and land use for some Aymara communities. The votes are the topic of our latest column for I Love Chile News, which can be read here.
Chilean Court Prohibits Use of Tear Gas Against Mapuche Communities
On Wednesday, December 21st, the Temuco Court of Appeals decided a case in which they ordered the Chilean police force to refrain from using tear gas in the homes of Mapuche communities near Ercilla. The court’s order also stated that tear gas should not be used when women, children or elderly people are present. The case was brought by the Mapuche community of Wente Winkul Mapu, after their homes were raided by officers firing tear gas in November of this year. The court’s decision cited several international law instruments, including ILO Convention 169. Continue reading
Posted in Chile, Mapuche
Tagged Carabineros, Convention 169, Court Decision, Ercilla, Juvenile
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Senator Introduces Legislation to Allow Indigenous Peoples to Wear Traditional Clothing at School Functions
Several weeks ago, we wrote a post about two Mapuche students who were not permitted to where their traditional clothing to their high school graduation. The incident occurred in Collipulli on November 21st. At the time, a leader from the Mapuche community spoke out against the discrimination and stated that legal action was a possibility. In response to this incident, on November 30th, Senator Alejandro Navarro (MAS) introduced legislation that would allow all Indigenous students to wear their ancestral dress to school functions. Continue reading
UN Rapporteur on the Rights of Indigenous Peoples Visits Argentina, Offers Recommendations
The United Nation’s Special Rapporteur on the Rights of Indigenous Peoples, James Anaya, recently ended an eleven-day trip to Argentina where he met with government officials and indigenous peoples throughout the country. At the conclusion of his visit, on Wednesday, December 7th, Anaya gave a short speech in Buenos Aires where he summarized some of what he saw and offered the Argentinian government some recommendations on how to advance indigenous rights within the country. A translation of that speech appears below. Continue reading
Mapuche Protests Against Araucanía Airport Continue, Make International Headlines
On Saturday, November 26th, the BBC ran a story about the ongoing conflict between various Mapuche communities and the Chilean government over the construction of an airport. The BBC’s report focused on a recent confrontation between Mapuche individuals and the police in which tear gas and hoses were used against Mapuche protesters after two officers sustained minor injuries. According to reports in the Chilean media, the confrontation broke out after roads were barricaded in protest of the airport. Given the attention brought to the issue by the BBC last week, we thought it would be worthwhile to walk through the timeline of events leading to this most recent clash. Continue reading
Posted in Chile, Mapuche
Tagged Consultation, Convention 169, Development, Land Rights
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Chilean Deputies Ask President to Pardon Aymara Woman on Cultural Grounds
On Friday, October 14th, the Chilean Chamber of Deputies (equivalent to the U.S. House of Representatives) voted to ask President Piñera to pardon Gabriela Blas, an Aymara woman who was sentenced to 12 years in prison for the accidental death of her son. The draft agreement was brought to the floor by Deputy Orlando Vargas (PPD) and received 54 votes in favor as well as one abstention. The agreement not only requested a pardon, but provided legal arguments to support such a decision. Continue reading
Indigenous Leaders Conclude Meetings with Congress, Call for Repeal of Decree 124
On October 4th and 5th, several hundred Indigenous leaders from all over Chile met with the Chilean Congress primarily to discuss the issue of consultation. The two-day event was called the National Parliamentary Meeting between Indigenous Peoples and the National Congress (Encuentro Nacional Parlamentario entre Pueblos Indígenas y el Congreso Nacional), and while little has been reported about what was accomplished thus far, it has come out that the Indigenous peoples banned together to ask for Congress’ assistance to repeal Decree 124 — the law that currently guides how consultation with Indigenous peoples functions in most circumstances. Continue reading






