relation to the reiterated acts of violence committed by some Mapuche organizations.” Among its conclusions, the Committee stated that: In spite of the difficulties of their situation, the immense majority of Mapuche communities are composed of peaceful honest hardworking citizens, who respect the law, democracy and the elected authorities and, despite the serious social problems and deficiencies they endure and their legitimate right to demand respect for their traditions, culture and identity, they reject violence as a way of making known or realizing their aspirations, the achievement of which they demand vehemently at times, but without violence.85 85. The actions of the State’s law enforcement agents (members of the Carabineros de Chile and of the Police Investigation Unit) in this context of social protest have resulted in allegation of abuse, violence (physical and verbal) and mistreatment against the members of the Mapuche indigenous people (including children, women and the elderly) when they conduct searches or raids, or execute arrest warrants against suspects. Deaths and injuries have occurred, even including of children. In this regard, the United Nations Special Rapporteur for the promotion and protection of human rights and fundamental freedoms while countering terrorism stated that “it is an undeniable fact that some members of the Carabineros […] employ an excessive and potentially lethal use of force during the operations carried out in the Mapuche communities,” which he considered to be a “usual and even systematic practice,” added to “the almost total absence of accountability for the crimes supposedly committed by law enforcement agents.”86 86. On January 18, 2001, by Supreme Decree of the President of the Republic Ricardo Lagos Escobar, the Commission for the Historical Truth and New Deal with the Indigenous Peoples was created, mandated “to advise the President […] on the vision of the indigenous peoples [of Chile] with regard to the historical events of the country, and to make recommendations for a new State policy that paves the way to progress towards a new treatment of Chilean society and its rapprochement with the indigenous peoples”87 (infra para. 87). To carry out its task, the Commission organized “thematic and territorial working groups,” including the “Autonomous Mapuche Commission.” The research conducted by the latter reveals that, at the start of the twenty-first century, “in Regions VIII and IX a significant number of land disputes and demands of the Mapuche communities from different communes in [certain] provinces had been resolved, […] by the purchase of land,” but that there remained “different conflicts and demands for land that had not been resolved.” These were related to “the history of usurpation and loss of lands to which the communities had been subject […].” The Commission also affirmed that, “among the demands for lands,” “the recovery of those that formed part of the 85 Cf. Report of the Constitutional, Legislative and Justice Committee on the Senate’s mandate “regarding the Mapuche conflict in relation to public order and security in certain regions,” Bulletin No. S-680-12, July 9, 2003, p. 144 (file of annexes to the Merits Report 176/10, annex 4, folios 225 and 226). 86 Cf. UN Doc. A/HRC/12/34/ Add.6, 5 October 2009, Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, James Anaya, Addendum, The situation of indigenous peoples in Chile: follow-up to the recommendations made by the previous Special Rapporteur, paras. 42, 43 and 62 (file of annexes to the Merits Report 176/10, annex 12, folios 440 and 444); UN Doc. CERD/C/CHL/C0/15-18, 7 September 2009, 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 the Elimination of Racial Discrimination, Chile, para. 19 (file of annexes to the Merits Report 176/10, annex 14, folio 503), and UN Doc. A/HRC/25/59/Add.2, 14 April 2014, Human Rights Council, Report of the Special Rapporteur for the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Emmerson, Addendum, Mission to Chile, paras. 69 to 79 (merits file, tome V, folios 2566 to 2587). 87 Articles 2 and 3 of this decree set out the tasks and composition of the Commission for the Historical Truth and New Deal for the Indigenous Peoples. Cf. Supreme Decree No. 19, of January 18, 2001, creating the Historical Truth and New Deal Commission, contained in the Report of the Commission for the Historical Truth and New Deal for the Indigenous Peoples handed to Ricardo Lagos Escobar, President of the Republic at the time, on October 28, 2003, published by the Presidential Commissioner for Indigenous Affairs, first edition, Santiago of Chile, October 2008, pp. 16 to 18. Available at: http://www.corteidh.or.cr/tablas/27374.pdf. 29

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