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Tag Archives: Land Rights
Supreme Court Rejects Atacameño Communities’ Consultation Argument in Tourism Concession Case
Last week, on November 22nd, the Chilean Supreme Court issued its ruling on yet another indigenous consultation case and, once again, ruled in favor of the Chilean government. The Court found that consultation was not necessary in relation to the passing of a regulation that grants tourism concessions in protected areas — even protected areas that constitute ancestral lands for indigenous peoples. In doing so, the Supreme Court upheld — without additional discussion — the ruling made by the Santiago Court of Appeals in September. Continue reading
Chilean Court Rejects Indigenous Claims to Consultation on Geothermal Projects
Last Friday, November 16th, the Court of Appeals in Santiago struck a blow to indigenous rights when it issued its ruling in three cases brought by indigenous communities and organizations to halt a number of geothermal exploration concessions that were granted without prior consultation. In each instance, the Santiago Court of Appeals ruled in favor of the Energy Ministry, which was responsible for granting the concessions earlier this year. Continue reading
Posted in Atacameño, Chile, Mapuche
Tagged Consultation, Convention 169, Court Decision, Land Rights
2 Comments
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
Posted in Chile, Mapuche
Tagged Antiterrorism Law, Carabineros, Convention 169, Court Decision, Ercilla, Hunger Strike, Land Rights, Prison
4 Comments
Mapuche Family Occupying Ancestral Land Loses in Chilean Supreme Court
On Tuesday, October 2nd, the Chilean Supreme Court released a decision ordering a Mapuche family in Tirúa to vacate the lands they had been occupying in protest or else the police force would be used to remove them. The lands in question were in the zone of Puerto Choque and are owned by a farmer, José Salazar Romero, who brought the lawsuit to stop the occupation on his land. The Chilean Supreme Court unanimously granted Salazar’s request. Continue reading
Chilean Government Provides Money to Two Mapuche Communities for Land Purchases in Ercilla
In a press release dated September 27th, CONADI (the Chilean Indigenous development corporation) announced that it had invested 420 million pesos (approximately US$ 885,000) for land purchases in Ercilla. Specifically, the money was given to two Mapuche communities — “Alex Lemun” and “Tricauco 2″ — so that they can purchase lands for their people. In total, twenty-five families will receive lands and CONADI will follow-up with funds to help develop that land as needed. Continue reading
Santiago Court Rejects Atacameño Communities’ Claim Against Tourism Concessions in Protected Areas
On Tuesday, September 25th, the Santiago Court of Appeals rejected a claim by the Council of the Atacameño People that sought to have indigenous peoples consulted on a new regulation that opens up state-protected areas to tourism. The Court’s decision was unanimous and stated that the regulation — as written — has caused no harm nor affected indigenous peoples to an extent that it requires consultation. On a positive note, the Court did explicitly say, however, that any concessions that affected indigenous communities were to be held to the strict standards of consultation laid out in ILO Convention 169. Continue reading
Posted in Atacameño, Chile
Tagged Consultation, Convention 169, Court Decision, Land Rights
1 Comment
Chilean Supreme Court Rejects Mapuche Claim to Access a Sacred Site
On Monday, September 24th, the Chilean Supreme Court — in a unanimous decision — rejected the claim of a group of Huilliche people (a sub-group of the Mapuche people) who were trying to gain access to a sacred site. The Supreme Court stated that the land in question was owned by a private individual and, as such, could not be granted the special protection sought by the Huilliche people. Continue reading
Posted in Chile, Mapuche
Tagged Court Decision, Huilliche, Land Rights, Religious Protection
1 Comment
UN Rapporteur on the Rights of Indigenous Peoples Asks Argentina to Stop Evicting Indigenous Peoples
On Tuesday, September 18th, James Anaya, the United Nation’s Special Rapporteur on the Rights of Indigenous Peoples delivered his annual statement to the Human Rights Council. During his statement, Anaya spoke specifically about indigenous peoples in Argentina and asked the government to stop evicting them from their lands. Anaya’s statements were based on an official visit he took to Argentina on November 27 – December 7, 2011. Continue reading
President Piñera Announces Plan to Address Mapuche Issues
At 11 a.m. in Santigao on Friday, August 3rd, President Sebastián Piñera announced actions the government would take to address the challenges faced by the Mapuche people. The announcement allowed Piñera to elaborate on his “Development Plan for the Araucanía Region” or “Plan Araucanía” as it is often referred to. Specifically, Piñera announced an initiative to build a multicultural school in Ercilla, five hospitals throughout the region, and to implement a consultation process that conforms with ILO Convention 169. Continue reading
Inter-American Commission on Human Rights (OAS) Condemns Injuries to Mapuche Children
On Thursday, August 2nd, the Inter-American Commission on Human Rights — a part of the Organization of American States — issued a statement condemning the Chilean government’s actions with respect to Mapuche children. The Commission stated that multiple Mapuche children were injured during an operation by police to evict individuals who were protesting for their land rights. The body also urged Chile to “investigate the facts and sanction those responsible, and to adopt measures in order to avoid in the future the excesive use of force in these operations.” Continue reading