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The Rights of the Mapuche People: Towards a Plan of Action on the Exercise of the Rights of Indigenous Peoples

The Rights of the Mapuche People: Towards a Plan of Action on the Exercise of the Rights of Indigenous Peoples

By Mapuexpress

Recently, a team from the Coordination of Mapuche Territorial Identities in Chile, within the framework of the pre-conference Santiago + 5 (Against racism, xenophobia and different forms of discrimination), a discussion document that was incorporated into the so-called “ Towards an action plan, Chile chapter ”of civil society.

Recently, a team from the Coordination of Mapuche Territorial Identities in Chile, within the framework of the pre-conference Santiago + 5 (Against racism, xenophobia and different forms of discrimination), a discussion document that was incorporated into the so-called “ Towards an action plan, Chile chapter ”of civil society.

Although, the indicated text is not an official document of the Coordination of Territorial Identities, but a draft prepared by a sector team of this, where an important contribution is recognized for the permanent discussion, analysis and construction in the conceptual definition, structuring and ordering on the exercise of the Rights of Indigenous Peoples in Chile, whose main basis is the international standard of the Rights of Indigenous Peoples.

Said document includes the aspirations of various organizations attached to the coordination, based or linked to different elements of internationally established law, such as: Norms, procedures, jurisprudence and authors - compilers of international relevance such as Anaya, who base said demands and claims, a fact that for those who have systematized this work, the indigenous peoples do not demand anything extraordinary, on the contrary, they point out that they are issues incorporated in the international agenda a long time ago, with several countries that have incorporated them into their political and legal systems an advanced standard, giving as an example to the contrary the State of Chile, which maintains a huge gap of inequality, intolerance and decontextualization in relation to indigenous rights, proof of this is that it has not even been able to assume basic and old issues as a adequate constitutional reform or ratification of the c Convention 169, they point out.

Within the local framework, for the writing team of the Coordination of Territorial Identities, in relation to Initiatives of law and legal regulations that guarantee the protection and recognition of the different indigenous peoples existing in Chile, for this, it is not enough to just ratify ILO Convention 169 or recognize in a Magna Carta the preexistence of the original Peoples differentiated to the formation of the Chilean state, with their own social, cultural and political characteristics, firmly rooted in their history, together with recognizing and guaranteeing their Collective Rights , Economic, Social and Cultural Rights of Indigenous Peoples, as part of a process of dialogue and understanding with organizations and communities, but also, the necessary legal modifications must be made for the effective compliance and application of international conventions and agreements related to the safeguarding and protection of native peoples, their culture s, land and resources. Such as Art. 27 of the PDESC, Art. 34 Convention on the Rights of the Child, Recommendation XXIII CEDR, General Comment No. 15 of the PDESC on the right to water, among many others.

In the same way, if it is to move forward, the coordination considers it essential to create mechanisms for monitoring and public evaluation of international agreements and conventions that refer to the rights of Indigenous Peoples and that at the same time, these mechanisms consider processes of consultation and participation of the organizations and / or communities of the original Peoples in Chile.

From a general perspective for the advance on the Rights of the original Peoples, the Coordination of Mapuche Territorial Identities, considers that the fundamental principle of all right is Self-determination or self-determination; it also incorporates public policies on Non-Discrimination; then Cultural Integrity; continues with social welfare and development; It continues with the Rights of Land, territory and Resources; It installs on these the idea of ​​Self-government and concludes with the measures of historical reparation by the States. Below is the detail of these:

Proposals related to the elaboration of a demand action plan before the states regarding the exercise of the rights of indigenous peoples

1.-Exercise of the rights of self-determination of indigenous peoples

Recognize, respect and guarantee the right to autonomy and political participation of Indigenous Peoples.
Establish and guarantee the right and obligation to free, prior and informed consent of indigenous peoples, for public policy decisions and projects related to their territories and economic, social and cultural rights.
Recognize, respect and guarantee the free exercise of the social, cultural and political customs of Indigenous Peoples in accordance with international regulations.
Carry out the necessary reforms to justice systems and procedures in general, including criminal justice, so that indigenous peoples have the right to maintain and strengthen their legal systems for the treatment of internal affairs in their communities, and to apply them according to their own rules and procedures, including matters related to conflict resolution within, even when they involve other actors, whether public or private.
The State will take measures to reinforce the jurisdictional capacity of indigenous peoples, establish their competence, and coordinate it with the other State jurisdictions, when appropriate.
Punish and prevent any form of criminalization, the use of special laws and / or penalization of legitimate protest activities and social demands of Indigenous Peoples.
Apply the legal customs of the peoples in judicial processes that involve an indigenous person.
Allow and facilitate indigenous people who are deprived of liberty the legitimate right to exercise the traditional practices of the people to which they belong, among others, the realization of their spiritual practices, contact with their traditional authorities, unrestricted contact with their family and respect for the nutritional characteristics of the indigenous accused.

2.- Guarantees of non-discrimination to Indigenous Peoples

Establish the criminalization of acts of ethnic, racial, or cultural discrimination by state agents, or private agents, against indigenous persons, organizations and / or communities.
Create instances of permanent participation and assume responsibility that guarantees dialogue under equal conditions, to ensure the full absence of any official policy or practice that unfairly discriminates against indigenous individuals or groups, in order to develop actions that promote the full effectiveness of the economic, social and cultural rights, customs, traditions and institutions of the Indigenous Peoples.
Guarantee the right to express opinions and information and make use of the Indigenous Peoples' right of reply in the mass media.
Generate conditions that allow Indigenous Peoples to access media ownership.
Guarantee that the media deliver content and operate under the values ​​of respect and non-discrimination towards people, organizations, communities and / or Indigenous Peoples.
Implement legal regulations to punish people, public or private institutions and / or the media that harm the honor and dignity of a person, organization, community or Indigenous People

3.- Cultural integrity of indigenous peoples

Recognize, respect, guarantee and promote the right to cultural autonomy of Indigenous Peoples.
Recognize, respect and guarantee the use, teaching and learning of indigenous languages ​​and cultures, anywhere in the country, be they rural or urban areas.
To promote that the traditional crafts of the Indigenous Peoples, as well as their various artistic manifestations, are elaborated, exhibited and commercialized by the indigenous artisans and artists themselves.
To restore to the indigenous communities the spaces of cultural significance that have been claimed by the Indigenous Peoples, delegating the administration of these cultural spaces to the same communities.
Design and implement actions that ensure the protection of medicinal heritage and territorial spaces of a spiritual nature in all events, especially in the case of investment or conservation projects, whether private or public.

4.- Lands, territories and Natural Resources

The State must respect the special importance that for the cultures and spiritual values ​​of the indigenous peoples their relationship with the lands or territories, or with both, as the case may be, that they occupy, use or are firmly rooted, in one way or another. , and in particular the collective aspects of this relationship.
Indigenous peoples have the right to recognition of their property and domain rights with respect to the lands and territories that they historically occupy, as well as the use of the lands to which they have traditionally had access to carry out their traditional activities and support. These rights also include the waters, coastal seas, flora, fauna, subsoil and other resources of that habitat, as well as its environment, preserving them for themselves and future generations.
Establish legal, political, and administrative protection mechanisms for indigenous lands and territories that they occupy or historically use, permanently, exclusively, inalienable, imprescriptible, inexpropriable and unattachable.
Adequate measures shall be taken to prevent, impede and punish any intrusion or use of said lands, territories or resources by outsiders who claim ownership, possession or the right to use them.
Recognize and guarantee the rights of indigenous peoples to the natural resources existing in their lands and territories, which should be specially protected. These rights include the use, administration and conservation of said resources.

4.1 Right of indigenous peoples to a healthy environment

Recognize, respect and guarantee the exercise of the ancestral practices of Indigenous Peoples in their relationship with the environment, whether in rural and urban areas.
Indigenous Peoples shall have the right to conserve, restore and protect their environment, and the productive capacity of their lands, territories and resources; and when warranted, receive assistance from the State or international organizations for the protection of their environment.
Carry out the necessary actions to identify, prohibit and punish the practices of environmental and spatial racism caused by public or private institutions through practices, actions or inactions that, intentionally or not, attack the environment, health, biodiversity, the local economy, the quality of life and security in communities, workers, groups and individuals based on their indigenous origin.
Ensure that indigenous organizations and / or communities participate in the design of mechanisms for the sustainable use of the natural resources of their territories and / or those of the surrounding area.
Supervise and safeguard that economic projects, corresponding to public or private investments, that are installed in the neighboring territories of indigenous communities, do not impede their social, cultural, political and economic development; and to prohibit those commercial exploitation practices that threaten traditions, territoriality and the environment in the communities of indigenous peoples.
Design mechanisms of information and permanent consultation to the indigenous organizations and / or communities of the Conservation and / or Development projects that are planned in the territories surrounding their communities or that directly or indirectly affect them.

4.2 Intellectual Property

Indigenous Peoples have the right to the recognition of full ownership, control and protection of those intellectual property rights they possess over their cultural and artistic heritage, as well as special measures to ensure legal status and institutional capacity to develop, use, share, commercialize it. , and bequeath this inheritance to future generations.
Indigenous Peoples have the right to special measures to control, develop and protect, and to full compensation for the use of their sciences, technologies, including their human and genetic resources in general, seeds, medicines, knowledge of fauna and flora, designs and procedures. original.
Recognize and protect collective intellectual property rights over traditional knowledge, biological, biochemical, and genetic resources of indigenous peoples and territories, and establish procedures for Free, Prior and Informed Consent of indigenous peoples, in the event of any access activity to said resources , either from private or state agents.

5.- Social welfare and development of Indigenous Peoples.

Indigenous peoples have the right to autonomously determine and put into practice the values, options, objectives, priorities, and strategies for their development. This right includes participation in determining and developing health, housing, and other economic and social programs that affect them, and when possible, administering these programs through their own institutions.
Indigenous peoples have the right without any discrimination to obtain adequate means for their own development through adequate financial and technical assistance from the State and through international cooperation to freely pursue their political, economic, social, cultural and spiritual development.
The improvement of the conditions and quality of life and work, health, education and housing of the indigenous peoples should be a priority in the economic development plans where they live. Special development projects should also be designed to promote such improvement. In this regard, the State will take the necessary measures so that the decisions regarding these plans, programs or projects that may directly affect the development or living conditions of the indigenous peoples, are made in consultation with said peoples in order that their preferences in this regard and that no provision is included that may directly affect them. Said consultations must be made in good faith, prior, informed and in an appropriate manner.

5.1 Education

Identify and modify those regulations, procedures and practices of the justice system that, for ethnic, cultural, origin and / or religious reasons discriminate against the population.
Guarantee that education programs incorporate content to promote respect and non-discrimination for indigenous peoples in any of their manifestations.
Review all the programs of the curriculum of the Ministry of Education, as well as their learning texts, to ensure that they do not contain discriminatory and racist content towards indigenous peoples.
Guarantee the protection of the language, culture and worldview of Indigenous Peoples.
Recognize, respect and guarantee the indigenous who live in rural or urban areas, the exercise of their traditional forms of education.
Encourage that the contents, subjects and activities related to indigenous peoples that are dealt with in the context of education programs are delivered by people belonging to the peoples themselves or by non-indigenous professionals who have the support and / or approval of an indigenous organization or community.
Design and implement specific actions for the indigenous population, which facilitate their access to the educational system and guarantee quality education.
Improve the system of student scholarships for indigenous people (including postgraduate degrees), safeguarding better quality and greater quantity.
Design and implement actions in conjunction with indigenous students that ensure an improvement in the conditions in which indigenous households are found, recognizing and respecting the particularities of each of the Indigenous Peoples.

5.2 Health

Recognize, respect, protect and promote the knowledge related to the ancestral medicine of the Indigenous Peoples and guarantee that they can exercise these practices.
Implement centers for the care and development of the practices of the traditional medicine of the Indigenous Peoples, ensuring that their administration is in charge of the indigenous communities themselves and guaranteeing indigenous sovereignty in these spaces.
Carry out in the public and private health system, the necessary and pertinent modifications so that indigenous people living in rural and urban areas are guaranteed the possibility of resorting to the ancestral medicine of their people when they deem it necessary.
Design and implement actions that ensure the protection of medicinal heritage and territorial spaces of a spiritual nature in all events, especially in the case of investment or conservation projects, whether private or public.
Design and implement actions that ensure the protection of medicinal heritage, traditional knowledge and biochemical and genetic resources, and the collective intellectual property rights of that heritage, and of territorial spaces of a spiritual nature in all events, especially in the face of investment projects or conservation, be it private or public.

5.3 Employment

Indigenous peoples and individuals enjoy the rights and guarantees recognized by labor legislation and have the right to special measures to correct, repair and prevent the discrimination to which they are subjected. The State must adopt immediate and effective measures to guarantee that indigenous girls and boys are protected against all forms of labor exploitation.
Design and implement appropriate mechanisms to protect workers and employees who are members of indigenous peoples in terms of hiring and to obtain fair and equal employment conditions, both in formal and informal work systems. Likewise, establish and improve the labor inspection service and the application of standards in the regions, companies or salaried work activities in which indigenous workers or employees take part;
Guarantee that indigenous workers enjoy the following rights: Equal opportunities and treatment in all employment conditions, promotion and promotion; and other conditions stipulated in international law; the right of association, the right to freely engage in trade union activities and the right to conclude collective agreements with employers or workers' organizations, either directly or through their traditional authorities; To not be subjected to racial, sexual or any other type of harassment; They are not subject to coercive contracting systems; That they are not subjected to dangerous working conditions for their health and personal safety; To receive special protection when they provide their services as seasonal, temporary or migrant workers, as well as when they are hired by labor contractors so that they receive the benefits of national legislation and practice, which must be in accordance with international standards of human rights established for this category of workers, since their employers are fully aware of the rights of indigenous workers according to national legislation and international standards, and of the resources and actions available to protect those rights.

5.4 Housing

The State must ensure the right to adequate, safe, comfortable housing, of appropriate and hygienic dimensions, with essential basic services that include a habitat that humanizes indigenous family, neighborhood and community relationships. The State will give priority to indigenous families and will guarantee the means so that these and especially those with limited resources, can access social policies for the construction, acquisition or expansion of housing.
Indigenous dwellings, when required, must contemplate the expression of the cultural identity and diversity of the dwelling. This dimension implies various collective and intergenerational aspects whose relationship is crucial for the identity, survival and cultural viability of Indigenous Peoples.

6.- Self-government, autonomy and participation

Indigenous peoples, in the exercise of the right to self-determination within the States, have the right to autonomy or self-government in relation to, among others, culture, language, spirituality, education, information, the media, health, housing, employment, social welfare, maintenance of community security, family relations, economic activities, administration of land and resources, environment and income of non-members; as well as to determine the means and forms to finance these autonomous functions.
The State must recognize and guarantee the legitimate and ancestral authorities of the Indigenous Peoples to apply in their territorial spaces instances of justice and administration based on their ancestral traditions and that affect their members, according to their own rules and procedures, in coordination and Complementation of this special jurisdiction with the state judicial and political - administrative system.
Indigenous peoples have the right to participate without discrimination in decision-making at all levels, regarding matters that may directly affect their rights, lives and destiny. They can do it directly or through representatives chosen by them according to their own procedures. They also have the right to maintain and develop their own indigenous decision-making institutions; and equal opportunities to access and participate in all national institutions and forums.
Indigenous peoples have the right to maintain and strengthen their legal systems for the treatment of internal affairs in their communities, and to apply them according to their own rules and procedures.

7.- Historical reparation measures

To collectively design the State and the Indigenous Peoples, reparation measures and their forms of application in the face of the violence practiced historically and currently against them.
Indigenous Peoples have the right to the recognition, observance, application and reinterpretation of the treaties, conventions and other arrangements concluded with the State and / or predecessor, according to their spirit and intention, and to have them respected and honored as a party. essential for the State's reparation measures and especially, for cases of restitution of ancient lands not considered in the settlement process.

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Video: UNCOVERED. Chile: Indigenous Mapuche Demand Human RIghts (July 2021).