52 parties’ attention to its General Recommendation No. 31 (2005) on the prevention of racial discrimination 197 in the administration and functioning of the criminal justice system (section B, paragraph 5(e)).” 181. The United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, wrote the following: (…) 15. The Special Rapporteur notes with great concern that judges have been able to enforce the law in a discriminatory way; although property-related crimes generally carry sentences of fines or very short periods of imprisonment, in the case of the Mapuches the judges are said to classify such behaviors as acts of terrorism and apply very harsh penalties of imprisonment for periods of at least 10 years. 16. There are serious concerns that the enforcement of the Anti-Terrorism Act in this case may have something to do with the activities of these people in defense of human rights, particularly their activities to defend the Mapuche community. (…) 20. As for the enforcement of anti-terrorist law, the Government reported that the President of the Republic, Mrs. Michelle Bachelet, had pledged that the executive branch would not seek application of the Anti-terrorism Act when filing a complaint in a future case involving indigenous peoples asserting land rights, when the acts at issue are classified as crimes under the AntiTerrorism Act but can also be prosecuted as common crimes. (…) 26. (…) The Special Rapporteur is gratified by the Chilean President’s announcement that the executive branch will not apply the Anti-Terrorism Act when filing complaints in future cases involving indigenous peoples asserting land claims, when the acts at issue are classified as crimes 198 under the Anti-Terrorism Act but can also be prosecuted as common crimes. (…) 182. In its November 26, 2004 Concluding Observations on the reports submitted by the States Parties, the Committee on Economic, Social and Cultural Rights stated the following: “14. The Committee is deeply concerned about the application of special laws, such as the Law of State Security (No. 12.927) and the anti-terrorism law (No. 18.314), in the context of the current tensions over the ancestral lands in the Mapuche areas. (…) 35. The Committee recommends that the State party not apply special laws, such as the Law of State Security (No. 12.927) and the anti-terrorism law (No. 18.314), to acts related to the social struggle for land 199 and legitimate indigenous complaints.” 183. In its May 14, 2009 Consideration of Reports submitted by States Parties, the Committee against Torture wrote that: “23. (…)The Committee also notes with concern that the State party has on occasion 200 applied the Counter-Terrorism Act to members of indigenous peoples in connection with acts of social protest. ” 184. In his 2007 Report, the United Nations’ Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism wrote the following: 9. Under the current definition of the crime of terrorism, nine members of Mapuche communities have been convicted in the period from 2003 to 2005, of the crimes of “threatening terrorist arson”, “launching a terrorist incendiary device” or “terrorist arson”, all in connection with violent acts of social protests related to claims asserting their right to traditional indigenous lands. These 197 UN – International Convention on the Elimination of All Forms of Racial Discrimination – Committee on the Elimination of Racial Discrimination – Consideration of reports submitted by States parties under article 9 of the Convention. Concluding observations of the Committee on Racial Discrimination – Chile. UN Doc. CERD/C/CHL/15-18, August 13, 2009. 198 UN – Human Rights Council – Implementation of General Assembly Resolution 60.251 of 15 March 2006 entitled ‘Human Rights Council’ – Report by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Doudou Diène – Addendum – Summary of cases transmitted to Governments and replies received. Doc. UN A/HRC/4/19/Add.1, June 5, 2007 [Translation ours]. 199 UN – Economic and Social Council – Committee on Economic, Social and Cultural Rights – Consideration of Reports Submitted by States Parties under Articles 16 and 17 of the Covenant. Concluding Observations of the Committee on Economic, Social and Cultural Rights. Chile. Doc. E/C.12/1/Add.105, December 1, 2004. 200 Committee against Torture. Consideration of Reports Submitted by States Parties under Article 19 of the Convention. Concluding observations of the Committee against Torture. Chile. UN CAT/C/CHL/CO/5, May 14, 2009, paragraph 23.