E/CN.4/2004/80/Add.3
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53.
Despite the country’s rapid economic growth, there is still a large gap between
Chilean society in general and native peoples. There is a need for innovative mechanisms
that use dialogue to resolve inter-ethnic conflicts, with the aim of achieving proper
recognition of the cultural, political and territorial rights of native peoples. The latter want
to be beneficiaries and partners in the country’s development process, not its victims. The
Ralco project for the hydroelectric plant in Alto Bíobío, for example, has been a classic
example of how the human rights of indigenous peoples can be violated if those rights are
not taken into account by either the construction and operating company or public
institutions from the very conception of such mega-projects.
54.
All the facts cited above stem mainly from the as yet unresolved conflict over land
ownership and the access to and exploitation of natural resources. The indigenous peoples
of Chile saw the Indigenous Peoples Act as a step forward that would meet their demands
and allow them to identify their natural resources in terms of the ground, subsoil, water,
lakesides, rivers and the coastline. The Act was to be an excellent tool for protecting the
indigenous territorial heritage and ensuring that the wishes of indigenous communities
were respected. However, the application of certain sectoral laws, such as those on water,
fisheries and mining, has weakened the expected impact of the Indigenous Peoples Act in
this respect, inspiring a good deal of scepticism in the communities.
55.
Throughout this process, the role of the media has been crucial. During his visit, the
Special Rapporteur observed how the media deal with the still burning topic of past
violations of human rights in Chile but pay little attention to indigenous people’s human
rights. Mapuche organizations complain that the press and broadcast media do not give
them the same coverage as they do the “powers that be”, and consider that this situation
violates their human right to information. In this context, the Special Rapporteur believes
that, now that the press has recovered its freedom in Chile, the media have a duty to put
forward an objective and balanced view of such important issues as the struggle for the
human rights of indigenous peoples.
V. RECOMMENDATIONS
56.
The current situation of the indigenous peoples of Chile requires the urgent
attention not only of the Government but also of all political groups and society in general.
Although significant progress has been made on indigenous questions in the country in the
last 10 years, indigenous people continue to live in a situation of marginalization and denial
that leaves them cut off in significant ways from the rest of the country.
A. Recommendations to the Government
Legislation
57.
The Special Rapporteur calls on the Chilean Congress to adopt the proposed
constitutional reform on indigenous matters as soon as possible.
58.
He also recommends the prompt ratification of ILO Convention No. 169, as well as
of other international conventions that guarantee the human rights of indigenous people.