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.
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