E/CN.4/2003/90
page 13
the company was handling the indigenous and environmental issues. Studies detailing the
cumulative harmful effects of the six-dam project on the indigenous people and the environment
were rejected by the authorities. In fact, both CONADI and the National Environmental Agency
CONAMA at one point advised the Government to reject the project, but their positions were
overruled. The Government became concerned about mitigating the negative effects of the
project on indigenous peoples, yet recognizes that the indigenous law is subordinate to other
laws that in this case appear to be paramount.
35.
Despite the opposition of 4,000 Pehuenches to their involuntary resettlement and the
destruction of their traditional environment and way of life, and in complete disregard for the
existing indigenous and environmental legislation (Chile has not yet ratified ILO Convention
No. 169), the company (now part of a transnational corporation) continued to buy off individual
Pehuenche families in exchange for their landholdings. By 2002 only seven families were
holding out while the Ralco project was nearing completion. One of the problems for the
Pehuenche is that their traditional collective landholdings and territories have been privatized by
decree, making it easier for business interests to appropriate indigenous lands for their own
purposes. A court ruled that the Pehuenches had priority when recovering land that was located
above the water line.
36.
Observers have noted that in the Ralco issue, business priorities, with State support,
appear to override the social and environmental concerns that have been expressed by massive
protests and court action undertaken by Mapuche organizations and their supporters. As the
six-dam project on the Bio-Bio progresses, the future of the Pehuenche people, particularly the
two local communities directly affected by the rising waters of the dam, Ralco-Lepoy and
Quepuca-Ralco, looks bleak indeed and their traditional way of life appears to have been broken
to the point of no return. Moreover, the Ralco case clearly shows the social tensions that arise
between a “modernizing” development model and the social, environmental and cultural costs to
the people who bear the burden of this economic transformation. The Government of Chile
reports that indigenous peoples are not involved in the planning of major development projects,
but once such projects have been decided upon, then indigenous communities may become
involved in order to help mitigate possible negative effects of these projects. The Special
Rapporteur suggests that Chile ratify ILO Convention No. 169 as soon as possible and that it
abide strictly by emerging international standards and its own indigenous and environmental
legislation in order to adequately protect the interests of indigenous peoples; indigenous
communities should be involved directly whenever major economic development projects that
affect their lives and livelihoods are being considered.46
Colombia
37.
The Emberá-Katío indigenous people have traditionally lived in the area surrounding the
Sinú and Verde Rivers in north-western Colombia (Departments of Córdoba and Antioquía).
Their ancestral territories are legally recognized as two Indigenous Resguardos (reserves),
created in 1993 and 1996, and inhabited by about 500 families (about 2,400 people). The
Emberá-Katío are one of the several indigenous peoples who have suffered most from the
persistent violence of Colombia’s civil war. Over many years they have been negotiating with