E/CN.4/2004/80/Add.3
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“Chileans who come from the island”, not just indigenous inhabitants, to be granted free
documents of title. It is estimated that 18 per cent of the surface of the island is today in the
possession of the Rapa Nui, while the rest of the territory is State-owned.
The Special Rapporteur met in Santiago with the Rapa Nui Council of Elders, whose
members expressed concern about the “constant threat to land ownership” that islanders have
to live with. Among other problems, the Council representatives and the island’s mayor
pointed out that the law allows Chileans who come from the island, and not necessarily
Rapa Nui indigenous people, to purchase land. The Government, for its part, explains that the
current legislation does not allow foreigners to purchase properties of any size on Easter
Island.
22.
Another issue of great concern to indigenous communities relates to the exploitation of
forests. Plantations have been established under Decree Law No. 701 of 1974, which subsidizes
firms in the forestry sector. With the support of public institutions (the National Forestry
Corporation and the Forestry Institute) and private ones (Corporación de la Madera), the area
covered by forest has grown considerably and in recent years has also engulfed numerous small
properties. Communal lands have gradually been getting smaller and have been cut off in the
middle of private properties, mostly inside vast forest plantations that are fenced off and
protected by private guards. This gives rise to transit problems and harassment or cuts off access
to the woods, and thus to the Mapuche people’s traditional means of sustenance. The impact of
the development of forest plantations on the soil on Mapuche land is particularly worrying. The
communities interviewed complain that their sources of water for both drinking and irrigation
purposes are diminishing and that the woodland fauna that forms part of their diet and the
undergrowth vegetation traditionally used for ritual, medicinal and nutritional purposes are in
decline or have disappeared.
23.
The introduction of single-crop forests of exotic species such as pine or eucalyptus by the
powerful transnational forestry corporations that now control a large part of Mapuche territory
has had negative effects on the local environment. The increased use of herbicides and
pesticides applied from crop-spraying planes is affecting the health of indigenous people and has
led to a break in the traditional food chain, the drying-up and pollution of rivers and springs, at
considerable cost to their ichthyological (fishing) potential, and the disappearance of the rich and
varied traditional fauna and flora which are vital to the survival of the Mapuche communities.
Members of these communities can no longer devote themselves freely to hunting and gathering
in order to live, which not only affects the food economy but also their traditional herbal
medicine, their spiritual life, and the social and cultural fabric of their communities. This
process has led to growing poverty in the region and has forced many young people to migrate to
the cities in search of new opportunities.
24.
In recent years, a number of social conflicts have arisen in connection with the impact on
the human rights of indigenous people of the start of work on major development projects,
including the Temuco bypass, the coast road and dam construction. In this context, the classic