MAPUCHE COMMUNITIES OCCUPY THE MUNICIPALITY OF LUMACO IN REJECTION OF THE PROPOSED RESERVED SEATS FOR IDIGENOUS PEOPLE IN THE NEW CHILEAN CONGRESS
1.- Today, Monday, November 9, 2020, the Mapuche communities of Puren and Lumaco have made the decision to occupy the Municipality of Lumaco, in rejection of the imposition of Reserved Seats for Indigenous Peoples by the Senate of the Republic of Chile.
2.- The Reserved Seats, if imposed, would violate the legal rights of the Indigenous Peoples. There has there been no prior substantive Consultation in respect to matters that affects the Mapuche People.
3.- The Mapuche have been the object of impositions for several centuries by the Chilean State and now after the Plebiscite of last October 25 that a greater democracy is emerging, the Chilean Senate intends to continue imposing its laws in contravention of the international legal personality and the Rights of the Mapuche peoples.
4.- The Mapuche communities have taken this action because we do not have a way to make ourselves respected. So far, the senators, deputies and the government have not listened to the Mapuche.
5.- We call on the Senate and the government of President Sebastián Piñera not to impose Reserved Seats.
Mapuche Communities of the Commune of Puren and the Commune of Lumaco
COMUNIDADES MAPUCHE, OCUPAMOS MUNICIPIO DE LUMACO EN RECHAZO A LOS ESCAÑOS RESERVADOS.
1.- Hoy Lunes 09 de noviembre 2020, las comunidades Mapuche de Puren y Lumaco, hemos tomado la decisión de ocupar el Municipio de Lumaco, en rechazo a la imposición de los Escaños Reservados para Pueblos Indígenas de parte del Senado de la Republica de Chile.
2.- Los Escaños Reservados, vienen a violar la legalidad sobre los Pueblos Indígenas, ni se ha respetado la Consulta previa en asunto que afecta al Pueblo Mapuche.
3.- Los Mapuche hemos sido objeto de imposiciones por varios siglos de parte del Estado Chileno y ahora luego del Plebiscito del 25 de octubre pasado que se asoma una mayor democracia, el Senado Chileno pretende seguir imponiendo sus leyes contraviniendo la legalidad y los Derechos del Pueblos Mapuche.
4.- Las comunidades Mapuche, hemos tomado esta acción, porque no tenemos una manera de hacernos respetar. Hasta el momento tanto, los senadores, diputados y el gobierno no han escuchado a los Mapuche.
5.- Llamamos al Senado y al gobierno del presidente Sebastián Piñera que no impongan los Escaños Reservados.
Comunidades Mapuche de la Comuna de Puren y de la Comuna
de Lumaco
YouTube:
Comunidades Mapuche Ocupan Municipio de Lumaco
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1.- The proposal of “Reserved Indigenous Seats” in the new national congress in Chile, has been designed and promoted in violation of the right to consultation and without the Free, Prior, and Informed Consent of the organizations of Indigenous Peoples that advocate for their collective rights.
2.- The decision of the Senate Commission regarding the establishment of the criteria for indigenous self-identification opens the door for the political parties to induce a self-serving process to the benefit of their particular party activists individually. These “indigenous” party militants have commonly shown that they do not have a sincere commitment to defend Mapuche self-determination and the rights of Indigenous Peoples in general, they have even helped to distract from the reality of the Mapuche Nation vis-a-vi the State, operating apart from the indigenous organizations that have worked diligently to promote and protect the rights of the Original Nations of Indigenous Peoples.
3.- The “Reserved Indigenous Seats” in the practical parliamentary experience
in Latin America and the Caribbean, is a "failed political formula"
that has not helped to resolve the conflicting relations between the Indigenous
Peoples and the National States. Even the recognition of "Plurinational
States" is a simple formal recognition that lacks content. This situation
is reflected in what happens in Ecuador and Bolivia, both nominal “Plurinational
States”.
4.- The political proposal of “Reserved Indigenous Seats” process in the historical context of the struggle of the Mapuche Nation absolutely lacks legitimacy due to the flawed process by which it has been developed. Such an imposition will augur, that if this institutional apparatus of the state is eventually imposed, the Constituents of Mapuche origin will not have be considered as legitimate representatives.
5.- Due to the high tensions and controversies of the conflict between the
Chilean State and the Mapuche Nation, the present discussion in the Senate on
Reserved Indigenous Seats represents a perfect and undeniable political “bubble”
without substance.
6.- The opposition Senators (formerly aligned with Concertación and the former New Majority) are trying to do what they did not do in due time to "empathize" with the Indigenous Peoples, the Mapuche and their Flag of self-determination and they are cornering the government President Sebastian Piñera who has been weakened. Likewise, they intend to attend the call of the Plebiscite of October 25, 2020, which was a disapproval of the actions of the political class.
7.- Therefore, we call on the Senators directing the group "Peace and Understanding in Araucania" not to impose Reserved Indigenous Seats and to respect Mapuche Sovereignty and the Right of Consent of the Indigenous Peoples.
AUCAN HUILCAMAN
International Relations
Council of All Lands – Mapuche
MAPUCHE NATION: POLITICAL POSITION ON THE OCTOBER 25 NATIONAL PLEBISCITE [Chile]
We call on the Senate of the Republic of Chile not to adopt the Draft Constitutional Reform on "Parliamentary Seats Reserved for Indigenous Peoples", taking into account the international experience of its lack of effectiveness; likewise, it openly transgresses the legitimate exercise of Free, Prior, and Informed indigenous consultation through the establishment of "Indications" that are intended to replace a legitimate consultation. Additionally, the absence of a valid electoral roll is aggravated by the one that exists presently, being a product of CONADI which is numerically irrelevant in relation to the percentage of people of indigenous origin. Furthermore, the Reserved Parliamentary Seats will not help resolve the tensions and controversies between the Chilean State and the Mapuche People.
We remind the government of President Sebastián Piñera that the Chilean State has the following pending and unavoidable issues with the Mapuche People in relation to truth, justice, reparation and reconciliation between Mapuche and non-Mapuche: the Crime of Genocide committed during the military coercive acts in the historical context of the so-called “Pacification of the Araucanía” that remains in complete impunity; secondly, to resolve the expropriation, confiscation, and occupation of the Mapuche territory and its resources that were carried out without the consent of the Mapuche people, from which the restitution, reparation and a just and equitable compensation should be derived; and thirdly, to repair the cultural damage caused in the tangible and intangible realms.
Finally, we emphasize to the government of Chile and to the Chilean people that an "international consensus" currently persists regarding the rights of Indigenous Peoples in international law, guided by the United Nations Charter, which now has made available to the parties a modality for the resolution of tensions and controversies, via the principle of the right to "self-determination of Indigenous Peoples" and through multilateral dialogue based on equality and dignity in order to establish a Firm and Lasting Peace.
Given in Wallmapuche, from the Peak of del Cerro Ñielol Pewugen Kuyen
October 14, 2020
UN Study on treaties, agreements and other constructive arrangements
UNITED NATIONS
Economic and Social Council
22 June 1999
COMMISSION ON HUMAN RIGHTS
Sub•Commission on Prevention of Discrimination and Protection of Minorities
HUMAN RIGHTS OF INDIGENOUS PEOPLES
Study on treaties, agreements and other constructive arrangements between States and indigenous populations
Final report by Miguel Alfonso Martínez, Special Rapporteur
International entities, unrecognized by some members of the international community, continue nevertheless to exercise their attributes as subjects of international law and in doing so may entertain relations with all other interested international subjects. All that is required for this is that the entities possess the necessary elements to be considered international subjects: territory, population, an institutionalized form of government and, thus, the capacity to conclude international agreements.
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