51 3. The selective application of anti-terrorism laws to members of the Mapuche indigenous people, in light of the right to equality and non-discrimination 178. As mentioned in the section on proven facts, a number of international organizations have made reference to the selective application of the Anti-Terrorism Act in the case of persons who are members of the Mapuche indigenous community. 179. Thus, for example, while rejecting the use of violence as a mean of social protest, in his report to follow-up on the recommendations made by the previous UN Special Rapporteur on Chile, the current United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, observed the following in October 2009: 40. As for the State’s policy regarding indigenous land and natural resources, the Special Rapporteur has received allegations claiming procedural irregularities and discrimination against Mapuche persons, mainly in the context of claims to land and natural resources. Traditional leaders and other heads and members of the Mapuche people have been convicted and are standing trial under various criminal laws for actions that are somehow related to the Mapuche’s social protest involving its land claims. The Special Rapporteur does not condone the recourse to violence as a means of protest, even in those situations involving legitimate claims by indigenous peoples and communities. However, the commission of any acts of violence does not in any way justify the violation of the indigenous people’s human rights by State police forces. (…) 46. Another disturbing aspect of the criminal policy is to enforce, especially in years past, the AntiTerrorism Act (Law No. 18,314) to prosecute and convict Mapuche individuals for crimes committed in the context of social protest. (…) 58. The allegations made regarding the policy on crime is that it does not comply with international law and fails to observe domestic procedural guarantees. The collateral effect is that the indigenous people have been stigmatized and the general dynamic that has now taken hold between the Mapuches and state officials is one of conflict that does nothing to help find constructive solutions that go to the causes of the protest. (…) 60. In the view of the Special Rapporteur, the policy applied in recent years in the case of the indigenous communities and persons and their acts of protest is in need of in-depth revision, to gear it toward finding solutions that reconcile the ends of law enforcement and respect for international law, thereby creating a climate of democratic governability between the Mapuches and 196 state officials. 180. For its part, in its Concluding Observations on Chile, the August 2009 Report, the Committee on the Elimination of Racial Discrimination stated the following: “(…) 15. The Committee notes with concern that the Counter-Terrorism Act (No. 18314) has been mainly applied to members of the Mapuche people for acts that took place in the context of social demands relating to the defense of their rights to their ancestral lands (Article 2). // The Committee recommends that the State Party should: a) reform the Counter-Terrorism Act (No. 18314) to ensure that it is applied only to terrorist offences that deserve to be treated as such; b) Ensure that the Counter-Terrorism Act is not applied to members of the Mapuche community for acts of protest or social demands. (…) The Committee draws the State 196 UN, Human Rights Council. Promotion and Protection of all Human Rights, Civil, Political, Economic, Social and Cultural Rights, including the Right to Development. 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. Document UN A/HRC/12/34/Add.6, October 5, 2009. [Translation ours].