CONADI about the Indigenous People in Chile - Read following Mapuche text

• Report rights infringement
• published: 21 May 2016
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Response of Mr. Rafael Railaf: For more information: http://www.mapuche.nl/ The fact that there is an indigenous population in Chile was only recognized at the end of the last century. Yet even today, no constitutional recognition has been extended to us and our language remains unrecognized as well. There was, however, hope for improvement when the Chilean government voted in favor of the UN Declaration on the Rights of Indigenous Peoples in 2007 and then ratified the ILO’s Convention 169 in 2008. The rights of indigenous peoples would be respected and free, prior and informed consent would be needed before new projects could be undertaken. In 2014, on behalf of the current president of Chile it was even declared that the anti-terrorism law would no longer be implemented. In reality, things turned out differently. Over the past years, the territory of companies has expanded and despite promises being made, no meaningful dialogue has been opened between the parties involved. The Chilean government has failed during key moments, which has affected the credibility of meetings set up by the Mapuche with said government. The anti-terrorism law is still being implemented, despite the promise made that this would not be done and the actions of police officers go hand in hand with the excessive use of violence. This ongoing police brutality is being condemned by Amnesty International, Human Rights Watch and was also explicitly mentioned in the United States Department of State Country Report of 2015. We also sincerely condemn these excessive uses of force. In this year alone, there have been cases of extreme police brutality in the region of Rankilko, but also in the regions of Malleco, Arauco and Lleu Lleu. The number of complaints against police brutality has risen in the last years, however, the number of convictions has actually decreased. The officers involved were also often allowed to remain in their positions and were not discharged. According to Chilean law, complaints concerning police brutality are not decided upon by civil, but by military courts, which have the possibility of using “faceless witnesses” and more harsh punishments. The Chilean Supreme Court has stated that the civil courts have jurisdiction to rule on these types of cases, but an actual amendment of the law has not yet come to pass. We have also seen a Mapuche-governor, Francisco Huenchumilla, appointed by President Bachelet, apologize for past injustices done to the Mapuche on behalf of the Chilean government. Only to be removed from office. We have seen the number of police special forces in the Araucanía region increase from 612 in 2014 to 1,785 in 2016. Police vehicles and armored cars, in the same region have also increased from 96 to 146 in the same period. Information that was included in a recent report from the Ministry of the Interior to the Deputy Chamber. We do not want to end up in a downward spiral of violence and we are making a rightful claim to rights rooted in our past; for our children. Our children are the biggest victims in all of this. Not only their communities and their parents, but they themselves are victims of police brutality. There are many such examples of these tragedies, such as that of Leonardo Quijon. A minor who was shot in his leg during a territorial conflict by police forces and will now most likely be disabled for the rest of his life. Yesterday, we spoke about indigenous youths and about their right to play. We heard the youths themselves ask for help, stating that help should be a given and not only extended when asked for. The State has a positive obligation to children who are dependent and vulnerable. We do not want our children – who are already traumatized – and who belong to some of the poorest groups in Chile, to grow up with hatred and suspicion in their hearts. We want them to be protected and safeguarded from violence. Here is a task for the Chilean government, that signed and ratified the United Nations Convention on the Rights of the Child in 1990, to ensure that the well being of these children should be put first, in any and all circumstances. This obligation should especially be fulfilled in situations such as these when children are both directly and indirectly affected by violence. That is why, we recommend the appointment of an international observer, who can go to the affected areas to monitor the situation and report on what is happening to indigenous children in Chile. So that they can inform the rest of the international community about this issue; it is our hope that mechanisms can be created to address this topic and help these children. We specifically call on UNICEF, the WHO and the Special Rapporteur on the Rights of Indigenous Peoples to take up this recommendation.