Contradictions in Multicultural Indigenous Policies: a Systemic Analysis of the Chilean State’S Response to Mapuche Demands
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The Mapuche Conflict Origins and Status Quo
society for threatened peoples The Mapuche Conflict Origins and Status Quo Memorandum by Society for Threatened Peoples February 2013 Impressum Für Menschenrechte. Weltweit. Gesellschaft für bedrohte Völker (GfbV) Postfach 2024, D-37010 Göttingen Tel.: +49 551 49906-0 Fax: +49 551 58028 E-Mail: [email protected] Internet: www.gfbv.de SPENDENKONTO: 1909 BLZ 260 500 01 Sparkasse Göttingen Die GfbV ist eine Menschenrechtsorganisation für verfolgte ethnische und religiöse Minderheiten; NGO mit beratendem Status bei den UN und mitwirkendem Status beim Europarat. Sektionen/Büros in Arbil, Bern, Bozen, Göttingen/Berlin, London, Luxemburg, NewYork, Pristina, Sarajevo/Srebrenica, Wien Text: Nicole Jullian Redaktion: Yvonne Bangert, Sarah Reinke Layout: Tanja Wieczorek, Hanno Schedler Titelphoto: Massimo Falqui Massidda Herausgegeben von der Gesellschaft für bedrohte Völker im Januar 2013 The Mapuche Conflict – Origins and Status Quo Table of Contents: The Mapuche Conflict – Origins and Status Quo 1. Introduction ............................................................................................... 5 2. The Mapuche Conflict: Land Grabs, Criminalization, Land Occupations .. 5 2.1 History of he Land Grabs ............................................................... 5 2.2 Reactions by the Mapuche: Land Occupations ............................. 7 3. The Use of Exceptional Laws as a Method Against the Mapuhes’ Attempts to Reclaim Land ......................................................................... 8 4. Conclusion .............................................................................................. 10 3 The Mapuche Conflict – Origins and Status Quo 4 The Mapuche Conflict – Origins and Status Quo 1. Introduction The Mapuche-conflict in southern Chile claimed new victims again on Friday, January 4, 2013. The elderly couple Werner Luchsinger and Vivianne McKay was killed in an arson attack on their residence on Lumahue farm in Vilcún. As there was no claim of responsibility, it has not yet been clarified who is to blame for the attack. -
Universiteit Van Amsterdam
UNIVERSITEIT VAN AMSTERDAM Faculteit der Rechtsgeleerdheid Indigenous People’s Rights & Public International Law in Argentina The mobilization of law in the context of the Mapuche people Abstract This paper focuses on the way International and Domestic legal frameworks are mobilized in the context of Mapuche people’s claim to land in Argentina. The specific translation process that takes place between the global and the local, is central to this study. Student: Nuria Vehils Olarra Studentnr: 6263313 Supervisor: dr. B. Oomen Second Reader: dr. Y. Donders Date: 5th October 2011 Word count: 20.007 Nuria Vehils Olarra October, 2011 INDEX INTRODUCTION..................................................................3 1. THEORETICAL FRAMEWORK..................................... 11 2. INTERNATIONAL LEGAL FRAMEWORK ................. 15 3. DOMESTIC LEGAL FRAMEWORK ..............................29 4. THE MAPUCHE PEOPLE.............................................39 5. CASE LAW.........................................................................46 6. TRANSLATING HUMAN RIGHTS ..............................50 CONCLUSION .....................................................................62 BIBLIOGRAPHY..................................................................65 2 Nuria Vehils Olarra October, 2011 INTRODUCTION “The law is not so much carved in stone as it is written in water, flowing in and out with the tide.”1 The process of mobilizing law, understood as “the process through which a legal system acquires its cases”,2 or in other words: putting the theory into practice, has occupied legal and social scholars for centuries. However, with recent and increasing recognition of indigenous people’s rights challenging the concepts at the heart of human rights theory, a new light from which to look at mobilizing the law has emerged. This paper examines the mobilization of law within and between two spheres: international norms and their domestic implementing legislation, and the local setting in the communities of the Mapuche indigenous people in southern Argentina. -
ANARCHIST ORGANIZING in RE-DEMOCRATIZING CHILE By
Confronting Authoritarian Legacies and Creating Resistance: Anarchist Organizing in Re-Democratizing Chile Item Type text; Electronic Thesis Authors Dwenger, Maggie Tealey Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 27/09/2021 18:28:10 Link to Item http://hdl.handle.net/10150/621846 CONFRONTING AUTHORITARIAN LEGACIES AND CREATING RESISTANCE: ANARCHIST ORGANIZING IN RE-DEMOCRATIZING CHILE by Maggie Tealey Dwenger ____________________________ Copyright © Maggie Tealey Dwenger 2016 A Thesis Submitted to the Faculty of the CENTER FOR LATIN AMERICAN STUDIES In Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS In the Graduate College THE UNIVERSITY OF ARIZONA 2016 STATEMENT BY AUTHOR The thesis titled Confronting Authoritarian Legacies and Creating Resistance: Anarchist Organizing in Re-Democratizing Chile prepared by Maggie Dwenger has been submitted in partial fulfillment of requirements for a master’s degree at the University of Arizona and is deposited in the University Library to be made available to borrowers under rules of the Library. Brief quotations from this thesis are allowable without special permission, provided that an accurate acknowledgement of the source is made. Requests for permission for extended quotation from or reproduction of this manuscript in whole or in part may be granted by the head of the major department or the Dean of the Graduate College when in his or her judgment the proposed use of the material is in the interests of scholarship. -
The Misuse of Terrorism Prosecution in Chile: the Need for Discrete Consideration of Minority and Indigenous Group Treatment in Rule of Law Analyses, 6 Nw
Northwestern Journal of International Human Rights Volume 6 | Issue 1 Article 3 Fall 2008 The iM suse of Terrorism Prosecution in Chile: The Need for Discrete Consideration of Minority and Indigenous Group Treatment in Rule of Law Analyses Noah Bialostozky Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njihr Recommended Citation Noah Bialostozky, The Misuse of Terrorism Prosecution in Chile: The Need for Discrete Consideration of Minority and Indigenous Group Treatment in Rule of Law Analyses, 6 Nw. J. Int'l Hum. Rts. 81 (2008). http://scholarlycommons.law.northwestern.edu/njihr/vol6/iss1/3 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Human Rights by an authorized administrator of Northwestern University School of Law Scholarly Commons. Copyright 2007 by Northwestern University School of Law Volume 6, Number 1 (Fall 2007) Northwestern Journal of International Human Rights The Misuse of Terrorism Prosecution in Chile: The Need for Discrete Consideration of Minority and Indigenous Group Treatment in Rule of Law Analyses Noah Bialostozky* I. INTRODUCTION ¶1 Chile’s misuse of the label of terrorism should not shield the government from accountability for human rights violations against the indigenous Mapuche. Despite significant progress in its transition to democracy, the prosecution of Mapuche under the Prevention of Terrorism Act (“Terrorism Act”), for acts not internationally considered to be terrorism, has caused significant erosion of rule of law principles in Chile. Rule of law principles continue to emerge as important barometers for national compliance with international human rights. -
Rethinking Indigenous Autonomism in Latin America
Rethinking Indigenous Autonomism in Latin America Author Gaitan-Barrera, Alejandra Published 2015 Thesis Type Thesis (PhD Doctorate) School Griffith Business School DOI https://doi.org/10.25904/1912/2784 Copyright Statement The author owns the copyright in this thesis, unless stated otherwise. Downloaded from http://hdl.handle.net/10072/366022 Griffith Research Online https://research-repository.griffith.edu.au Rethinking Indigenous Autonomism in Latin America By Alejandra Gaitán-Barrera Master of Arts (International Relations) Bachelor of Arts (International Relations) School of Government and International Relations Griffith Business School Griffith University Submitted in fulfillment of the requirements of the degree of Doctor of Philosophy March 2015 Abstract This thesis contributes to a broader scholarly understanding of how indigenous movements in Latin America articulate autonomy. One of the central objectives of this research is to address a simple, yet often either assumed or unheeded, question: what does the indigenous subject want? What are the distinct meanings behind the political projects put forward by indigenous movements in the region? How do they envision their liberation from the current systems of oppression? And, most importantly, how do they define concepts such as “self-determination” and “autonomy”? These questions are central to understanding the nuanced transformative processes that indigenous peoples in Latin America have set into motion. In this sense, this thesis will demonstrate that far from homogenous, each movement, according to its own lived experiences of colonization and settlement, national building processes, local history, as well as cultural and political imaginaries and collective memories, conceives autonomy in a different way. Out of these distinct articulations of autonomy, this thesis argues there are two movements at the forefront of an unheeded and overlooked autonomist project: the Council of Miskitu Elders in Mosquitia (Nicaragua) and the Arauco-Malleco Coordinating Committee in Wallmapu (Chile). -
Success and Failure of Indigenous Social Movements: a Comparative Case Study of Ecuador and Chile
University of Mississippi eGrove Honors College (Sally McDonnell Barksdale Honors Theses Honors College) Spring 5-9-2020 Success and Failure of Indigenous Social Movements: a Comparative Case Study of Ecuador and Chile Jenna White Follow this and additional works at: https://egrove.olemiss.edu/hon_thesis Part of the Indigenous Studies Commons, Latin American Languages and Societies Commons, and the Latin American Studies Commons Recommended Citation White, Jenna, "Success and Failure of Indigenous Social Movements: a Comparative Case Study of Ecuador and Chile" (2020). Honors Theses. 1353. https://egrove.olemiss.edu/hon_thesis/1353 This Undergraduate Thesis is brought to you for free and open access by the Honors College (Sally McDonnell Barksdale Honors College) at eGrove. It has been accepted for inclusion in Honors Theses by an authorized administrator of eGrove. For more information, please contact [email protected]. SUCCESS and FAILURE OF INDIGENOUS SOCIAL MOVEMENTS: A COMPARATIVE CASE STUDY OF ECUADOR AND CHILE © 2020 By Jenna White A thesis presented in partial fulfillment of the requirements for completion of the Bachelor of Arts degree in International Studies at the Croft Institute for International Studies Sally McDonnell Barksdale Honors College The University of Mississippi University, Mississippi May 2020 Approved: _____________________________ Advisor: Dr. Miguel Centellas ________________________________ Reader: Dr. Oliver Dinius ______________________________ Reader: Dr. Jesse Cromwell Abstract This thesis is a comparative -
Political Status of Ethnic Groups in Chile
Chile Ethnicity in Chile Group selection According to the national census of 2002, 4,6% of the population be- longs to one of the eight recognized indigenous groups. The majority of them belong to the Mapuche (87%), the Aymara (7%) and the Atacameños (3%). The Mapuche live in the southern part of Chile and carry a long history of resistance to invasion of their lands. From being an ideal- ized group of freedom fighters during the war of independence, they became the antipode of the newly established Chilean nation state (1099, 99). The first Mapuche organization, the Sociedad Caupoli- 1099 [Waldman Mitnick, 2005] can Defensora de la Araucania (Caupolican Society Defender of the Araucania), was created in 1910. Since its beginnings Mapuche or- ganizations placed emphasis on the existing division between the Mapuche people and the dominant Chilean society thereby insist- ing upon a definition of the Mapuche people as a “nation" (nacion) or “people-nation" (pueblo-nacion) (1100, 40 ff.). Further claims in- 1100 [Naguil Gomez, 2013] cluded territorial rights and governmental support to fight poverty (1101, 183). 1101 [Pinto Rodriguez, 2012] Among the other indigenous groups that are not the Mapuche, we find the Rapa Nui, i.e. the native inhabitants of Easter Island. These were incorporated into Chilean territory in 1896, as the Chilean state started to exert effective control over the island, previously merely a protectorate (1102). Since their inclusion into Chilean territory, they 1102 [McCall, 1997] were displaced, dispossessed and restricted in various of their rights (1103, 1104). Their island was first ruled by a company (the Easter 1103 [McCall, 1997] Island Exploitation Company) until the 1950s, when the Chilean 1104 [Makihara, 2005] state refused to renew its lease and implemented navy martial rule on the island (1105). -
The Indigenous World 2014
IWGIA THE INDIGENOUS WORLD 2014 This yearbook contains a comprehensive update on the cur- rent situation of indigenous peoples and their human rights, THE INDIGENOUS WORLD and provides an overview of the most important developments in international and regional processes during 2013. In 73 articles, indigenous and non-indigenous scholars and activists provide their insight and knowledge to the book with country reports covering most of the indigenous world, and updated information on international and regional processes relating to indigenous peoples. The Indigenous World 2014 is an essential source of informa- tion and indispensable tool for those who need to be informed THE INDIGENOUS WORLD 2014 about the most recent issues and developments that have impacted on indigenous peoples worldwide. 2014 INTERNATIONAL WORK GROUP FOR INDIGENOUS AFFAIRS 3 THE INDIGENOUS WORLD 2014 Copenhagen 2014 THE INDIGENOUS WORLD 2014 Compilation and editing: Cæcilie Mikkelsen Regional editors: Arctic & North America: Kathrin Wessendorf Mexico, Central and South America: Alejandro Parellada Australia and the Pacific: Cæcilie Mikkelsen Asia: Christian Erni and Christina Nilsson The Middle East: Diana Vinding and Cæcilie Mikkelsen Africa: Marianne Wiben Jensen and Geneviève Rose International Processes: Lola García-Alix and Kathrin Wessendorf Cover and typesetting: Jorge Monrás Maps: Jorge Monrás English translation: Elaine Bolton Proof reading: Elaine Bolton Prepress and Print: Eks-Skolens Trykkeri, Copenhagen, Denmark © The authors and The International Work Group for Indigenous Affairs (IWGIA), 2014 - All Rights Reserved HURRIDOCS CIP DATA The reproduction and distribution of information contained Title: The Indigenous World 2014 in The Indigenous World is welcome as long as the source Edited by: Cæcilie Mikkelsen is cited. -
Class: the Experiences of Social Mobility of the Mapuche Indigenous People in Chile
NEGOTIATING BEING MAPUCHE AND MIDDLE- CLASS: THE EXPERIENCES OF SOCIAL MOBILITY OF THE MAPUCHE INDIGENOUS PEOPLE IN CHILE A thesis submitted to The University of Manchester for the degree of Doctor of Philosophy in the Faculty of Humanities 2018 DENISSE SEPÚLVEDA SÁNCHEZ SCHOOL OF SOCIAL SCIENCES Contents Abstract .......................................................................................................................................... 6 Declaration: .................................................................................................................................... 8 Copyright Statement ...................................................................................................................... 9 Acknowledgement ....................................................................................................................... 10 Chapter 1: Introducing the disadvantage of the Mapuche people and examining their experiences of social mobility in the Chilean context ................................................................. 12 1.1 Introduction ....................................................................................................................... 12 1.2 Who are the Mapuche people and what is their social context? ................................ 18 1.3 Thesis structure and argument .......................................................................................... 25 Chapter 2: Linking the analysis of class mobility with ethnic and post-colonial relations ......... -
The Political Ecology of Indigenous Movements and Tree Plantations in Chile
THE POLITICAL ECOLOGY OF INDIGENOUS MOVEMENTS AND TREE PLANTATIONS IN CHILE THE ROLE OF POLITICAL STRATEGIES OF MAPUCHE COMMUNITIES IN SHAPING THEIR SOCIAL AND NATURAL LIVELIHOODS by MARIA ISABEL DU MONCEAU DE BERGENDAL LABARCA BA. Anthropology, Universidad Austral de Chile (1992) MA. Environment, Development and Policy, University of Sussex (1996) A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY in THE FACULTY OF GRADUATE STUDIES (RESOURCE MANAGEMENT AND ENVIRONMENTAL STUDIES) THE UNIVERSITY OF BRITISH COLUMBIA (Vancouver) April 2008 Maria Isabel du Monceau de Bergendal Labarca, 2008 Abstract In Chile’s neoliberal economy, large-scale timber plantations controlled by national and multinational forest corporations have expanded significantly on traditional indigenous territories. Chile’s forestry sector began to expand rapidly in 1974, the year following the military coup, owing to the privatization of forest lands and the passing of Decree 701. That law continues to provide large subsidies for afforestation, as well as tax exemptions for plantations established after 1974. As a consequence, conflicts have developed between indigenous communities and forestry companies, with the latter actively supported by government policies. The Mapuche people, the largest indigenous group in Chile, have been demanding the right to control their own resources. Meanwhile, they have been bearing the physical and social costs of the forestry sector’s growth. Since democracy returned to Chile in 1990, governments have done little to strengthen the rights of indigenous peoples. Government policy in this area is ill-defined; it consists mainly of occasional land restitution and monetary compensation when conflicts with the Mapuche threaten to overheat. -
Untold Investment Grievances in Latin America Maria Ehrnström
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Helsingin yliopiston digitaalinen arkisto In the shadows of social license to operate: Untold investment grievances in Latin America · Maria Ehrnström-Fuentesa, , , · Markus Krögerb · a Supply Chain Management and Social Responsibility, Hanken School of Economics, Helsinki, Finland · b Department of Political and Economic Studies, University of Helsinki, Finland · Journal of Cleaner Production, Volume 141, 10 January 2017, Pages 346–358, http://dx.doi.org/10.1016/j.jclepro.2016.09.112 This is a pre-print version of the article. For the final version, please go to: http://www.sciencedirect.com/science/article/pii/S0959652616314536 Abstract This article critically examines the usability of the concept of ‘social licence to operate’ (SLO) in the Latin American context as an indicator of the social acceptability granted by local stakeholders to multinational forestry companies. We identify four potential problems (risks of co-optation, structural power imbalances, conflicting worldviews, and the silencing effects of global certification schemes) that emerge when the current practice and literature on SLO is implemented in the context of forestry operations in Global South's rural areas, commonly marked by dynamic and contentious corporate-community relations. Based on empirical material from local communities affected by industrial tree plantations (ITPs) in a setting claimed to have an absence of conflicts (Uruguay) and another where visible conflicts have been present (Chile), we then ask: What does SLO mean to those it is supposed to represent the most, the local communities affected by industrial forestry? The findings illustrate that caution is necessary prior to claiming that a company, investment, or industry has achieved an all-encompassing SLO at the local level. -
The Mapuche People: Between Oblivion and Exclusion
n°358/2 August 2003 International Federation for Human Rights Report International Investigative Mission CHILE THE MAPUCHE PEOPLE: BETWEEN OBLIVION AND EXCLUSION I. INTRODUCTION AND PRESENTATION OF THE MISSION . 4 II. CONTEXT . 6 III. FORESTRY EXPLOITATION: THE DESTRUCTION OF A PEOPLE AND THEIR ENVIRONMENT. 10 IV. THE RALCO PROJECT: THE RESISTANCE OF A PEOPLE . 24 V. CONCLUSIONS AND RECOMMENDATIONS. 41 VI. APPENDIX . 45 VI. BIBLIOGRAPHY . 49 CHILE THE MAPUCHE PEOPLE: BETWEEN OBLIVION AND EXCLUSION INDEX I. INTRODUCTION AND PRESENTATION OF THE MISSION . 4 II. CONTEXT . 6 1. GENERAL FACTS ON THE INDIGENOUS POPULATION . 6 2. THE RIGHTS OF INDIGENOUS PEOPLES IN CHILE . 8 III. FORESTRY EXPLOITATION: THE DESTRUCTION OF A PEOPLE AND THEIR ENVIRONMENT. 10 1. HISTORICAL BACKGROUND AND ORIGIN OF THE CURRENT CONFLICT. 10 2. REPRESSION OF THE MAPUCHE PEOPLE . 13 3. JUDICIAL PERSECUTION OF LEADERS AND MEMBERS WITHIN THE MAPUCHE COMMUNITIES. 16 4. OTHER CONSEQUENCES OF FORESTRY EXPLOITATION ON THE MAPUCHE PEOPLE. 19 IV. THE RALCO PROJECT: THE RESISTANCE OF A PEOPLE . 24 1. BACKGROUND ON THE RALCO HYDROELECTRIC POWER PLANT . 25 a) Endesa's Mega-Hydraulic Project: Technical and Financial Aspects b) The Pangue Plant, the Pehuén Foundation and Downing-Hair Reports 2. IRREGULARITIES OF FORM AND SUBSTANCE IN THE RALCO CONCESSION . 27 a) Environmental Authorization: The Agreement Between ENDESA and CONOMA b) The Exchange of Pehuenche Land and CONADI's Authorization c) The Illegal Electrical Concession of The Ralco project 3. EFFECTS OF THE RALCO CONSTRUCTION ON THE PEHUENCHES. 34 a) Represssion of the Affected Communities b) The PehuencheS Women4S Resistance V. CONCLUSIONS AND RECOMMENDATIONS. 41 VI.