3 December 2003

HE Señor Mariano Fernandez
Ambassador Extraordinary and Plenipotentiary
Embassy of Chile
12 Devonshire Street,
London, W1G 7DS
Fax: 44 (0)20 7436 5204

Honourable Ambassador Fernandez,

Re: Use of torture and illegal detention of the Mapuche people in Chile

The Forest Peoples Programme is extremely concerned to learn of the ongoing severe human rights abuse suffered by the indigenous Mapuche people in Chile at the hands of governmental officials and private security firms. The FPP has received disturbing reports that the Mapuche indigenous people in Chile still suffer torture, illegal detention and extra judicial killings in a country that has ratified all the fundamental international human rights agreements, including the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Punishment and the Convention on the Elimination of Racial Discrimination (CERD), among others. [1]

According to the information available to us, the Mapuche people in Chile are the victims of consistent discrimination on the part of the authorities, both administrative and judicial, most specifically the police force. There are increasing reports of torture and extra-judicial killings occurring in their regions. The extent of the human rights violations that we have been informed about is completely unacceptable, especially in Chile which has collectively taken measures to acknowledge and overcome previous horrific human rights abuses through its National Commission on Truth and Reconciliation – in an effort to condemn these atrocities to the past.

The Forest Peoples Programme was horrified to receive reports of recent acts of political repression against the José Gineo community in the Comuna de Temuco, which have left women and children injured, and of illegitimate detentions of other members of this community. It is our understanding that torture has been used consistently against Mapuche individuals, such as José Millalen Paillal from the We Choyum community, and the brothers Alberto and Ruperto Coliñir Painemel from the Truf Truf locality. In addition, we have received information of further illegal detentions and false accusations that have been levelled at Mapuche individuals in September and October 2003.

By virtue of the international legislation pertaining to international human rights and indigenous peoples’ rights, to which the Chilean government is bound through its ratification of the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, as well as through all relevant emergent and customary law pertaining to indigenous peoples, the Chilean government must protect and respect the fundamental human rights of indigenous peoples. The Mapuche indigenous people have, amongst others, the right to be free from torture, persecution and discrimination, the right to secure the legal tenure of their ancestral lands, territories and natural resources, the right to free prior and informed consent for all development projects which may affect them, the right to be free of involuntary resettlement, and the right to the restitution of their traditional lands and territories which have been expropriated in the past without their consent.

In light of this, the current repression and unjust detention of Mapuche leaders by State authorities and private security forces and the imposition of plantation projects on traditional Mapuche lands without due consultation and consent, is a grave violation of many of their fundamental human rights.

The Forest Peoples Programme therefore urges you, Honourable Ambassador, to press your government to immediately halt the ongoing human rights violations, the torture, the extra-judicial killings, the illegal detentions, and all other forms of discrimination, suffered by the Mapuche people in Chile.

Specifically, we urge that the Chilean government to fulfil its obligations under international law and demonstrate its commitments to human rights. To this end the government of Chile should:

§      Take immediate legislative, administrative and judiciary action to prohibit and impede acts of torture in the entire territory of its jurisdiction and investigate forthwith all allegations of torture, illegal imprisonment and intimidation of Mapuche leaders;

§      Release Mapuche leaders and individuals detained illegally and without just cause;

§      Sanction any government and police officials who are found guilty of human rights violations against Mapuche individuals and groups;

§      Uphold and protect the rights of the indigenous Mapuche people in accordance with the Chilean Constitution, relevant national laws and international human rights standards;

§      Establish concrete measures to recognise and respect the rights of Mapuche communities and all other indigenous peoples in Chile to own, manage and control their traditional lands, including measures to restitute lands taken without their consent.

In the hope of learning of your positive intervention,

Yours sincerely,

Emily Caruso
Campaigns Assistant

cc:
Human Rights Committee, House of Commons, UK
Human Rights Committee, European Parliament
Rodolfo Stavenhagen, UN Special Rapporteur on the Rights of Indigenous Peoples
Amnesty International
Survival International