18 counter-terrorist law and military jurisdiction creates a situation in which the right to due process is weakened, and this affects, in a selective way, a clearly identified group of Mapuche leaders. This is a matter of concern, regardless of the seriousness of the acts in which they may have been 63 involved, with regard to respect for their right to due process.” He therefore recommended to the State that “[u]nder no circumstances should legitimate protest activities or social demands by 64 indigenous organizations and communities be outlawed or penalized” and that “[c]harges for offences in other contexts (“terrorist threat”, “criminal association”) should not be applied to acts 65 related to the social struggle for land and legitimate indigenous complaints.” 52. The current U.N. Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous people, James Anaya, included the following comment in his follow-up to the recommendations of the previous Rapporteur for Chile, October 2009: 61. The Special Rapporteur is mindful of the commitment that the Government made in years past and reported to human rights bodies, which was that it would not use the Counter-Terrorism Law to prosecute individuals in cases related to the Mapuches’ social movements and therefore calls upon the competent authorities to honor that commitment. In this regard, it underscores the importance of amending Law No. 18314 and of adopting a more precise definition of terrorist crimes, as the Human Rights Committee and the Committee for the Elimination of Racial Discrimination 66 recommended. 53. Thereafter, in his February 2005 report on analysis of country situations and other activities of the Special Rapporteur, the latter commented that “the Special Rapporteur continues to express his concern over the unjustified application of Antiterrorist Law No. 18.314 to activities related to 67 social issues and land rights.” 4. 54. Relevant provisions of the Constitution and Law 18.314 (Anti-Terrorism Act) Article 9 of the Constitution of Chile provides: Terrorism, in any form, is fundamentally contrary to human rights. A qualified majority law shall determine acts of terrorism and their penalties. Anyone found guilty of these crimes shall be disqualified for 15 years from discharging public duties or holding public office, regardless of whether or not the appointment is by popular election; from being the rector or director of an educational establishment or performing teaching activities therein; from operating a social communications media outlet or being a director or manager thereof, or performing therein functions connected with the broadcast or dissemination of opinions or information; and from being the leader of a political organization, an organization associated with education, or a neighborhood, professional, business, labor, student, or trade association, during that time. The foregoing is understood to be without prejudice to other disqualifications provided by law, including those of longer duration. 63 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, paragraph 37. 64 Ibid, paragraph 69. 65 Ibid, paragraph 70. 66 UN - Human Rights Council - Twelfth session - Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development - Report of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples, James Anaya: Addendum: the situation of indigenous peoples in Chile: followup to the recommendations made by the previous Special Rapporteur. A/HRC/12/34/Add. 6, October 5, 2009. [Translation ours] 67 UN - ECONOMIC AND SOCIAL COUNCIL – COMMISSION ON HUMAN RIGHTS – Indigenous Issues Human Rights and Indigenous Issues - Report of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People, Rodolfo Stavenhagen. Addendum. Analysis of Country Situations and Other Activities of the Special Rapporteur. Doc. E/CN.4/2005/88/Add.1 – February 16, 2005.