E/CN.4/2004/80/Add.3 page 13 The Special Rapporteur received information on the problems confronting the Mapuche Lafkenche identified with the coastal region, including the lack of consultations on the construction of a road that would affect 10 Lafkenche communities and the effects of implementing the 1992 Fisheries and Aquaculture Act, under which unions must be set up to manage maritime resources in a given area. The persons interviewed claim that these actions infringe upon the rights set out in the Indigenous Peoples Act with regard to consultations on issues affecting them and their communities’ traditional right to use these resources, and that their access to the sea has been restricted. B. Social grievances and conflicts 28. The Special Rapporteur was informed about the growing number of conflicts in the Mapuche area, including in Regions VIII, IX and X. Most of the conflicts reported stem from Mapuche land claims and generally involve one of three types of protest: (a) The organization of pressure groups acting on behalf of those who have unsuccessfully applied for additional land or for the restitution of their land; (b) The occupation of disputed land, as a means of applying direct pressure and gaining publicity; (c) The occupation of land that is not the object of any ongoing legal claim, involving actions that are serious by definition (such as setting fire to forest plantations or buildings, destroying equipment and fences or blocking communication routes) and clashes with the police. 29. As will be appreciated, the distinctions between these three types of protest are not clear-cut and in some cases a transition from one to another can be observed, depending on whether there are delays or problems in finding solutions to the demands for additional land and for restitution of land. It should also be pointed out that the third, and most serious, type of conflict occurs mostly in the provinces which have higher concentrations of indigenous people and higher poverty rates and which were adversely affected between 1973 and 1990 by the reversal of the measures taken to implement land reform. During his visit to Temuco, the Special Rapporteur was able to talk to relatives of a 17-year-old youth, Alex Lemún, who died on 13 November 2002 from his injuries after being shot by the police (carabineros) during a clash. Reports say that Alex Lemún died after being shot several times during a demonstration calling for the return of the Santa Alicia estate, which is controlled by a large lumber company. Alex Lemún was a member of the Arauco Malleco Coordinating Committee. The Special Rapporteur regrets that the necessary steps have not yet been taken to punish those responsible or compensate the family, and calls on the Government to take the necessary steps to resolve this matter. It is a matter of concern that the police officer responsible for the young man’s death was released in September 2003.