16 43. At the time of the events that gave rise to the petitions that are the subject of this merits report (2000-2004), Chile had not yet ratified ILO Convention 169 and the territorial rights of its indigenous peoples were not recognized in the Constitution. Nevertheless, a legal statute for indigenous lands and natural resources was already in force: Law 19,253. This law recognizes as indigenous lands all those given by the State as land grants since the XIX century. The law also provides certain tools to protect these lands. Nonetheless, the Mapuche people believe that their ancestral territory is much larger, and includes what the Mapuche refer to as the “ancient lands,” most of which are now privately owned or the property of the State. 2. The social and political mobilizations of the Mapuche indigenous people, the social representation of those mobilizations, and the State’s response 44. The areas where the Mapuche people have traditionally lived include Regions VIII and IX of Chile, where in recent years a number of social mobilizations and protests have been staged by Mapuche authorities, leaders, activists and members, motivated by the declared objective of recovering the ancestral lands and on the grounds of the conditions of poverty in which the Mapuche indigenous people live.55 45. In the course of the Mapuche people’s social mobilizations and protests, sporadic acts of a violent nature have taken place, among them the takeover of land, burning of forests and buildings, and setting fire to machinery and vehicles. This does not imply that these movements or protests are, as a general rule, violent in nature, nor that all those participating in these movements or protests have engaged in violent conduct, nor that the substantial objectives they seek to achieve are violent. 46. The media and State officials have described the Mapuche people’s social and political movements with the label “Mapuche conflict,” an expression that has become common parlance among non-indigenous sectors of society to refer to said the process of socioeconomic and territorial protests 56 and claims. 47. This situation of social protests and mobilizations has triggered widespread debate among various State agencies. The House of Deputies, for example, held a special session in June 2002, while the Senate Commission on the Constitution, Legislation, Justice and Regulations prepared a special report on the subject. In the course of that special session, reference was made to the so-called “Mapuche conflict.” The language used illustrates how that sociopolitical situation is depicted within Chilean government circles and by non-indigenous society in general: For some time now, Regions VIII and IX have been the scene of multiple acts of violence, basically in rural sectors. They take the form of illegal takeovers and seizures of property, intentional burning of crops and plantations, destruction of machinery, warehouses and homes, attacks on the life and the physical integrity of the farmers, farm workers, transportation workers, etc., all committed by organized groups that usually wear hoods, and perpetrate these acts under the 55 UN – Economic and Social Council – Commission on Human Rights - Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Mr. Rodolfo Stavenhagen, submitted in accordance with Commission resolution 2003/56. Addendum – Mission to Chile – Doc. UN E/CN.4/2004/80/Add.3, November 17, 2003, paragraphs 28-29. UN – International Covenant on Civil and Political Rights – Human Rights Committee –Consideration of Reports Submitted by States Parties under Article 40 of the Covenant. Concluding Observations of the Human Rights Committee. Chile, April 17, 2007, Doc. UN, CCPR/C/CHL/CO/5, paragraph 19. 56 The original petition that Aniceto Norín Catrimán filed with the IACHR, received on August 15, 2003, offers the following explanation: “In recent years, the media have reported extensively on what has been labeled the “Mapuche conflict,” which is an expression that an important section of the news media uses to refer to what they believe are the tensions caused by indigenous peoples who oppose the country’s economic development and undermine public order and security.” (p. 2). See also: International Federation for Human Rights: “Chile – La otra transición chilena: derechos del pueblo Mapuche, política penal y protesta social en un estado democrático” [Chile – The other Chilean transition: the rights of the Mapuche people, policy on crime and social policy in a democratic state”], FIDH, April 2006 – Report provided by petitioners Pascual Pichún and Aniceto Norín on June 14, 2006, added to the case file and forwarded to the State – p. 18.