The Hague, 20 January 2011 - Chile has one of the most advanced democratic systems in South America and has developed effective mechanisms of human rights protection but the international community, NGOs and governments must draw their attentions to the issue of the Mapuche.  

Suffering from poor living standards, discrimination within mainstream society, and no representation at the national level, Mapuche people are also prejudiced by Chile’s judiciary - specifically Law No.18,314.  Nominally an anti-terrorism measure, the law can be used against suspected offenders even though they have posed no danger or harmed the lives of others.  These trials take place before military courts, with lawyers granted limited access to both evidence and witnesses, thereby giving a great deal of power and discretion to prosecutors – power that has not always been used transparently or fairly.  

It is crucial therefore that international observers are present to monitor the trials scheduled to take place in Chile in Spring 2011.  Only in this way will it be possible to help prevent any wrongful application of Chilean antiterrorism legislation, ensure the basic principles of fair trial are upheld, and that the Chilean justice system as a whole is not undermined. 

Recourse to mediation and justice is the only way Mapuche grievances should be addressed but Santiago’s failure to demonstrate that the judicial process can be fair and transparent is leaving Mapuche activists disillusioned and distrustful.  This year must see international observers present at Mapuche trials and serious steps made to repeal without delay a law that forms one of the few bonds Chile still maintains to the Pinochet years.

UNPO General Secretary

Marino Busdachin