Indigenous peoples in Chile
Encyclopedia
Indigenous peoples in Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...

form about 4.6% of the total population
Demographics of Chile
This article is about the demographic features of Chile, including population density, ethnicity, economic status and other aspects of the population....

 (692,000 self-identified persons of indigenous origins were registered in 2002).

The Mapuche
Mapuche
The Mapuche are a group of indigenous inhabitants of south-central Chile and southwestern Argentina. They constitute a wide-ranging ethnicity composed of various groups who shared a common social, religious and economic structure, as well as a common linguistic heritage. Their influence extended...

s, from the south, accounted for approximately 85 percent of this number. There were also small populations of Aymara, Atacameño
Atacameño
The Atacameños are a Native American people who inhabited the Andean portion of the Atacama Desert, mainly in what is today Chile's Antofagasta Region. Their language is known as Kunza....

, Rapa Nui, and Kawaskhar
Alacaluf
The Alacaluf are a South American people living in Chile on the Strait of Magellan , Chile. Their traditional language is known as Kawésqar.- Economy :They were a nomadic sea-faring people until the twentieth century...

 in other parts of the country.

The Indigenous Law

Following the return to democracy
Chilean transition to democracy
The Chilean transition to democracy began when a Constitution establishing a transition itinerary was approved in a plebiscite. From March 11, 1981 to March 11, 1990, several organic constitutional laws were approved leading to the final restoration of democracy...

, Patricio Aylwin
Patricio Aylwin
Patricio Aylwin Azócar was the first president of Chile after its return to democratic rule in 1990, following the military dictatorship of General Augusto Pinochet.- Early life :...

's Concertación government established a Comisión Especial de Pueblos indígenas (Special Commission of Indigenous People), whose report provided the intellectual framework of the "Indigenous Law" (ley indígena) or law n° 19 253, promulgated on September 28, 1993 by Aylwin.

The Indigenous Law recognized in particular the Mapuche
Mapuche
The Mapuche are a group of indigenous inhabitants of south-central Chile and southwestern Argentina. They constitute a wide-ranging ethnicity composed of various groups who shared a common social, religious and economic structure, as well as a common linguistic heritage. Their influence extended...

 people, victims of the Occupation of the Araucanía
Occupation of the Araucanía
The Occupation of Araucanía was a series of military campaigns, agreements and penetrations by the Chilean army and settlers which led to the incorporation of Araucanía into Chilean national territory...

 from 1861 to 1883, as inherent part of the Chilean nation. Other indigenous people officially recognized included Aymaras, Atacameñas, Colla
Kolla people
The Kolla are an indigenous people of Western Bolivia, Chile, and Argentina, living in Jujuy and Salta Provinces. The 2004 Complementary Indigenous Survey reported 53,019 Kolla households living in Argentina. They moved freely between the borders of Argentina and Bolivia...

s, Quechuas
Quechuas
Quechuas is the collective term for several indigenous ethnic groups in South America who speak a Quechua language , belonging to several ethnic groups in South America, especially in Peru, Ecuador, Bolivia, Chile, Colombia and Argentina.The Quechuas of Ecuador call themselves as well as their...

, Rapa-Nui (inhabitants of Easter Island
Easter Island
Easter Island is a Polynesian island in the southeastern Pacific Ocean, at the southeasternmost point of the Polynesian triangle. A special territory of Chile that was annexed in 1888, Easter Island is famous for its 887 extant monumental statues, called moai, created by the early Rapanui people...

), Yámana
Yamana
Yamana may mean:* Yámana, an alternate name for the Yaghan language and people, in Chile and Argentina* Yamana clan, a Japanese clan * Yamana Gold Inc., a Canadian-based gold mining company operating in South and Central America...

s and Kawashkars. Despite this state proclamation of indigenous rights, conflicts brought by land-occupations and Mapuche's claims lead to state repression and the use of the anti-terrorist law against Mapuche activists, a law voted by the military junta
Chile under Pinochet
Chile was ruled by a military dictatorship headed by Augusto Pinochet from 1973 when Salvador Allende was overthrown in a coup d'etat until 1990 when the Chilean transition to democracy began. The authoritarian military government was characterized by systematic suppression of political parties and...

.

The law established the National Corporation for Indigenous Development (CONADI), which included directly elected indigenous representatives, advised and directed government programs to assist the economic development of indigenous people.

It also gives indigenous people a voice in decisions affecting their lands, cultures, and traditions and provides for bilingual education (legalizing Mapudungun
Mapudungun
The Mapuche language, Mapudungun is a language isolate spoken in south-central Chile and west central Argentina by the Mapuche people. It is also spelled Mapuzugun and sometimes called Mapudungu or Araucanian...

 language) in schools with indigenous populations.

Approximately one-half the self-identified indigenous population remained separated from the rest of society, largely due to historical, cultural, educational, and geographical factors. Both internal factors and governmental policies limited the ability of indigenous people to participate in governmental decisions affecting their lands, cultures, traditions, and the allocation of natural resources. Indigenous people also experienced some societal discrimination and reported incidents in which they were attacked and harassed. A 2003 Ministry of Planning survey reported that indigenous people earned 26 percent less than nonindigenous citizens for similar work.

Chile is one of the twenty countries to have signed and ratified the only binding international law concerning indigenous peoples, Indigenous and Tribal Peoples Convention, 1989
Indigenous and Tribal Peoples Convention, 1989
Indigenous and Tribal Peoples Convention, 1989 is an International Labour Organization Convention, also known as ILO-convention 169, or C169. It is the major binding international convention concerning indigenous peoples, and a forerunner of the Declaration on the Rights of Indigenous Peoples.It...

. It was adopted in 1989 as the International Labour Organization
International Labour Organization
The International Labour Organization is a specialized agency of the United Nations that deals with labour issues pertaining to international labour standards. Its headquarters are in Geneva, Switzerland. Its secretariat — the people who are employed by it throughout the world — is known as the...

 Convention 169. Chile ratified the convention in 2008. In November 2009, a court decision in Chile, considered to be a landmark in indigenous rights concerns, made use of the ILO convention 169. The Supreme Court decision on Aymara water rights upholds rulings by both the Pozo Almonte tribunal and the Iquique Court of Appeals, and marks the first judicial application of ILO Convention 169 in Chile.

Social and economical status

In 2005 CONADI regularized the property titles to approximately 173000 acres (700.1 km²) of land that were restored to 300 Aymara families in the north. However, some observers criticized a lack of transparency in CONADI's land restoration processes and favoritism of the Mapuche over other indigenous groups.

The Ministry of Education provided a package of financial aid consisting of 1,200 scholarships for indigenous elementary and high school students in the Araucania Region
Araucanía Region
The IX Araucanía Region is one of Chile's 15 first order administrative divisions and comprises two provinces: Malleco in the north and Cautín in the south....

 during 2005. The government also implemented the Indigenous Scholarship Program that benefited 36,000 low-income indigenous elementary, high school, and college students with good academic performances.

The Mapuche conflict

As of 2009, there were instances of violent confrontations between indigenous Mapuche groups and landowners, logging companies, and local government authorities in the southern part of the country. The actions took the form of protests and, occasionally, instances of rock throwing, land occupations, and burning of crops or buildings. Many of these actions were initiated by the Coordinadora Arauco Malleco (CAM), an indigenous group that has been accused of terrorist acts.

Three CAM-related Mapuches and a non-indigenous sympathizer remained imprisoned in a 2001 arson case in which antiterrorism penalties were applied. The four initiated a hunger strike in March, demanding the terrorism convictions be voided to allow their release on parole. In April the court acquitted two other individuals of all charges, criminal and terrorist, in the same case. In September the Senate rejected a proposed law to allow the release of the four imprisoned on terrorist charges. Government-sponsored legislation which would clarify the application of the antiterrorism law remained pending at year's end.

The government did not act on a United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

special rapporteur's 2003 recommendation that there be a judicial review of cases affecting Mapuche leaders. The government had not applied the antiterrorism law in Mapuche-related prosecutions since 2002. However, it began again to apply this law in August, 2009, as the Mapuche conflict deepened following several acts of occupation and arson, as well as the killing of a Mapuche activist.
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