Indigenous Peoples in Chile - The Indigenous Law

The Indigenous Law

Following the return to democracy, Patricio Aylwin'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 people, victims of the Occupation of the Araucanía from 1861 to 1883, as inherent part of the Chilean nation. Other indigenous people officially recognized included Aymaras, Atacameñas, Collas, Quechuas, Rapa-Nui (inhabitants of Easter Island), Yámanas, Kawashkars and Diaguita (since 2006). 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.

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 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% 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. It was adopted in 1989 as the International Labour Organization 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.