CHILE INDIGENOUS POLICY REPORT SLAMS CELCO AND PASCUA LAMA PROJECTS
Written by Matt Malinowski
Wednesday, 30 April 2008

http://www.patagoniatimes.cl/content/view/478/1/

The Chilean government’s approval of large-scale business projects
—
including forestry company CELCO’s waste duct to the Pacific Ocean
and
mining company Barrick Gold's Pascua Lama gold mine in the Andes
mountains — now represent the most severe threat to the country's
indigenous communities, according to a report filed last week by
Chile's
Observatory for Indigenous Rights (ODPI).

The finding, authored by co-directors José Aylwin and Nancy Yáñez,
was
part an ODPI-led probe into Chilean government indigenous policies.

Speaking at a Friday press conference, Aylwin and Yáñez identified
native communities' lack of legal representation, absence in both
private and government-led initiatives and, above all, lack of
territorial rights as the three most serious deficiencies in Chilean
indigenous legislation.

ODPI, one of Chile's leading authorities on indigenous rights, said
that
Chilean laws do not sufficiently incorporate indigenous communities'
opinions in government programs which directly involve them. Aylwin
said
Chilean policies do not respect indigenous communities' political
autonomy, arguing that “government policy should recognize and accept

that these diverse populations have the right to define their own plans

for community development, and that these plans should not be
superimposed by other entities.”

Still, Aylwin and Yáñez directed their most acerbic criticisms
towards
what they described as the growing tendency to exploit natural
resources
found on indigenous lands. They named the mining, energy, and forestry
industries as three of the most flagrant violators of indigenous
rights,
saying that they often usurp indigenous lands against the will of
community members.

Speaking alongside Aylwin and Yáñez, members of the Diaguita
indigenous
community lambasted Barrick Gold for disrupting the local indigenous
way
of life in order to develop its Pascua Lama mine. That project, which
is
slated for construction on the border between Chile's Region III and
Argentina, received Chilean government backing in 2006, but tax
disputes
with Argentine officials have prevented construction from beginning.

“Barrick has put up barriers which prevent us from moving freely and
also prevent our animals from grazing,” said Diaguita member Angelina

Espinoza. “This limits our community's development . . . and if we
get
close to that barrier, they (Barrick employees) threaten us even though

the only thing we are doing is defending our rights. We are the
legitimate owners of these lands; we have papers from 1903 which
corroborate this. But, here in Chile, we neither receive the help nor
the (government) response that we need.”

“Barrick has contaminated our drinking water, just like all the
multinational companies which have begun to operate in the region,”
she
added. “These are companies which have robbed us of our lands. Still,

nothing is said about it . . . they have crossed into our ancestral
territory.”

Yáñez echoed Espinoza's remarks, saying that when native communities
organize themselves to defend their lands, companies turn to
business-friendly Chilean regulations so that “the leaders of the
affected (indigenous) communities end up being persecuted and for
making
legitimate demands.”

She also criticized cellulose manufacturer CELCO for violating the way
of life of Mapuche indigenous communities located near the Region XIV
town of Mehuin. Violent incidents have occurred in recent weeks between

fishermen (including some of Mapuche descent) who oppose CELCO’s
waste
duct line through their community by CELCO, and neighboring fishermen
who have accepted a cash payoff for acquiescing to the company’s
ocean
duct proposal. In response to the violence, a lawsuit has been brought
against pro-CELCO fishermen (ST, April 9).

Aylwin and Yáñez argued that the government should solve these
problems
by assuring its indigenous communities are recognized in the country's
constitution. Additionally, they said Chilean authorities should adopt
the original version of the International Labor Organization's (ILO)
Convention 169 on Indigenous Rights, arguing that two of the document
points define standards concerning indigenous communities' political
participation and land protection.

In early March, Chile’s Senate approved a version of the ILO's
“Convention 169” on indigenous rights with a clause allowing the
government to “interpret” the declaration’s main points (ST,
March 6).
The decision has provoked outrage from Chile's leading indigenous and
human rights advocates, who have publicly urged Chilean President
Michelle Bachelet to veto the altered document.

The ODPI report comes weeks after President Bachelet unveiled several
new measures that will define government indigenous policies for her
final two years in office.

As part of the reforms, Bachelet said that the government will create a

new under-secretariat for indigenous affairs, which will be controlled
by the nation’s planning ministry. Bachelet promised to introduce a
proposal to guarantee indigenous community members seats in Chilean
political organizations, as well as recognize indigenous control over
natural resources that lie within their territories.

She also announced that the government-run National Corporation for
Indigenous Development (CONADI) will distribute plots of land to 115
different native groups by 2010 and respond to land requests from 308
other communities (ST, April 3).

Still, Bachelet’s announcement drew heated criticism from Aylwin and

Yáñez, who criticized the initiative for not doing enough to return
land
to indigenous communities.

“Most of the lands which have been transferred to indigenous
populations
are government lands. Therefore, the government is only doing now what
it should have done years ago,” Aylwin said. “The government is not

making any additional efforts to turn over lands to their legitimate
owners.”

By Matt Malinowski (editorATsantiagotimes.cl)



Mapuche International Solidarity Network
mapucheinternationalsolidarity@gmail.com