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212. For the Mapuche people, Lonkos are traditional authorities whose role is a combination of
spiritual matters and government business. In the Mapuche language the word Longko literally means
“head”: every Lonko is thus the head of his respective community or Lof, which in turn is composed of a
group of families or an extended family. Traditionally, the Mapuche Lonkos head up decision-making in
the political, economic, military and administrative affairs of the community; they sometimes lead the
religious and spiritual life of their communities, as they are the repositories of ancestral wisdom and
preside over such important ceremonies as guillatun (ceremonies for prayers or petitions). The Werkén,
for their part, are the Lonkos’ confidants and envoys and serve to reinforce the bond between family and
community. Both the Lonkos and the Werkén are part of the Mapuche people’s community leadership
and are thus key parts of its social structure; preservation of the Mapuche people’s socio cultural
integrity and its continued existence over time hinges upon the leadership’s proper performance of its
role. To impair or obstruct the performance of these functions thus affects the social structure and
cultural integrity as a whole.
213. Time and time again the bodies of the inter-American human rights system have upheld
the right of indigenous peoples and of their individual members to have their socio-cultural integrity
protected and respected. The Court and the Commission have invoked the guarantees protected under
the American Convention on Human Rights and the American Declaration of the Rights and Duties of
Man; for interpretation purposes, they have also cited relevant provisions of the International Covenant
on Civil and Political Rights (particularly Article 27), the International Convention on the Elimination of All
Forms of Racial Discrimination, ILO Convention 169 concerning Indigenous and Tribal Peoples in
Independent Countries, the United Nations Declaration on the Rights of Indigenous Peoples, and other
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instruments.
214. Thus, the IACHR (a) in its 1985 resolution on the situation of the Yanomami people of
Brazil, held that “international law in its present state, and as it is found clearly expressed in Article 27 of
the International Covenant on Civil and Political Rights, recognizes the right of ethnic groups to special
protection on their use of their own language, for the practice of their own religion, and, in general, for all
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those characteristics necessary for the preservation of their cultural identity”
and that “the
Organization of American States has established, as an action of priority for the member states, the
preservation and strengthening of the cultural heritage of these ethnic groups and the struggle against
the discrimination that invalidates their members' potential as human beings through the destruction of
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their cultural identity and individuality as indigenous peoples;” (b) in its 1997 report on the situation of
human rights in Ecuador, it wrote that “[w]ithin international law generally, and inter-American law
specifically, (…)special protections for indigenous peoples may be required to ensure their physical and
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cultural survival”;”
and (c) in the 2002 report on the Mary and Carrie Dann case, the Commission
emphasized that “by interpreting the American Declaration so as to safeguard the integrity, livelihood
and culture of indigenous peoples through the effective protection of their individual and collective
human rights, the Commission is respecting the very purposes underlying the Declaration which, as
expressed in its Preamble, include recognition that “[s]ince culture is the highest social and historical
expression of that spiritual development, it is the duty of man to preserve, practice and foster culture by
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every means within his power.”
215. The indigenous peoples’ right to socio-cultural integrity has been expressly recognized in
various provisions of the United Nations Declaration on the Rights of Indigenous Peoples, under which
“[i]ndigenous peoples have the right to maintain and strengthen their distinct political, legal, economic,
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See, in this regard:: IACHR, Report No. 75/02, Case 11.140, Mary and Carrie Dann v. United States, December 27,
2002, paragraphs 124-132. IACHR, Report No. 40/04, Case 12.053, Maya Indigenous Communities of the Toledo District v. Belize,
October 12, 2004, paragraphs 86-88.
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IACHR, Resolution No. 12/85, Case 7615 – Yanomami People (Brazil), March 5, 1985, para. 7
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IACHR, Resolution No. 12/85, Case 7615 – Yanomami People (Brazil), March 5, 1985, para. 9
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IACHR, Report on the Situation of Human Rights in Ecuador, 1997, Chapter IX.
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IACHR, Report No. 75/02, Case 11.140, Mary and Carrie Dann v. United States, December 27, 2002, paragraph 131.