17 pretext of asserting land claims for the Mapuche communities and for the creation of a separate 57 State or autonomous nation, with its own territory and right to self-determination (…). 58 48. This social representation, which the communications media have helped to create, has exacerbated the climate of tension surrounding the sociopolitic processes of the Mapuche indigenous people. Thus, in some quarters of the State and in Chilean public opinion, the Mapuche people’s acts of violent social protest and political mobilization are viewed as acts of terrorism. The terrorism label attached to their activities has triggered the application of anti-terrorist legal instruments against them. 3. The Chilean State’s response and the selective application of the Anti-Terrorism Law to members of the Mapuche indigenous people 49. The State has reacted to the situation of social protests and mobilizations of the Mapuche indigenous people in various ways, which include judicially prosecuting Mapuche individuals for alleged 59 violations of criminal law. The leaders and members of the Mapuche indigenous people view this reaction by the State as persecution aimed at repressing their processes of mobilization and protests by 60 way of the courts. Although most of the criminal cases have been prosecuted under ordinary criminal 61 law, a significant number of cases have been prosecuted under Law 18,314 of 1984, also known as 62 the “Anti-Terrorism Act”. This was especially true in the period between 2000 and 2005. 50. In this context, a number of international human rights organizations have expressed concern over the existence of a pattern of selective enforcement of Chile’s anti-terrorism laws to Mapuche indigenous persons, in the framework of their political and social movement and protest. This pattern is said to have been facilitated by the broad scope of the definition of terrorist crimes under Law 18,314. These observations will be examined at greater length in the analysis of the law, at paragraph 149 below. 51. At this point, as an example of this concern, the Commission refers to the statement made by the U.N. Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People, R. Stavenhagen, who wrote the following in his November 2003 report on his Mission to Chile: In the opinion of some experts, this combination of a new criminal procedure, the 57 Report of the Commission on the Constitution, Legislation, Justice and Regulations, prepared by order of the Senate in connection with the Mapuche Conflict as it pertains to public order and citizen security in certain regions. Bulletin No. S 680-12 (2003). See also: 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 39. 58 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 55. 59 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 31. 60 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 38. 61 Law No. 18,314 which establishes what offenses constitute terrorist conduct and the penalties they carry, published in the Official Gazette of May 17, 1984. 62 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 35.