Saturday, October 9, 2021

Aucan Huilcman: Mexico and Chile - Presidential Requests for Pardon "Without Effect"

MEXICAN PRESIDENT ANDRES LOPEZ'S REQUEST FOR FORGIVENESS AND EXPRESIDENT MICHELLE BACHELET'S REQUEST FOR FORGIVENESS IN CHILE: VERY SIMILAR AND WITHOUT EFFECT.

 

Aucán Huilcamán

Expert in International Law

 

 

The recent request for pardon expressed by the President of Mexico, Andrés Manuel López Obrador AMLO, before the Yaqui Tribe in Sonora is very similar to the same request for forgiveness of former President Michelle Bachelet in Chile.  Both events, although being very relevant in terms of the human rights of Indigenous Peoples, yet in the manner that these official acts have been publicly presented neither of the requests bring bear any effectiveness from which a true forgiveness may be derived. Such authentic petitions for pardon by the heads of state in the Americas to the Indigenous Peoples would include directives towards restoring justice, reparations and a just and equitable compensation for the historical trauma caused in all its forms.

 

The issue of merit, the earning of pardon and then forgiveness - remains undefined and is not addressed.  This refers to the fact that AMLO has now dared to ask for pardon in his visit to the Yaqui People, which of course has now caused a reaction at various levels, among them in the government of Spain and even the King of Spain.  However, all of these reactions are unavoidably related to the context of the current situation that Indigenous Peoples are living in Mexico, Peru, Argentina, Guatemala, and Chile and across the continent where other countries continue to deny the institutional responsibility for their policies and genocidal practices towards the Original Nations of Indigenous Peoples over the past 500 years.

 

In the act of requesting forgiveness from the Indigenous Peoples by both leaders, Michelle Bachelet in 2017 and now the president of Mexico, shows that there are pending issues with Indigenous Peoples in the hemisphere, both in the context of issues that originate with the Hispanic colonial relations and subsequently with the formation of the National States, whether in Argentina, Chile, Peru, Mexico, and others. The pending issues are related to the "International Crime of Genocide" which remains in complete impunity until today.

With the formation of the nation states, the invasion, and dispossession, and occupation of the indigenous territories and their resources became normalized and then institutionalized, without the consent of the Indigenous Peoples, as established in Article 28 of the United Nations Declaration on the Rights of the Indigenous Peoples of the World (2007).

An legitimate pardon is commonly the result of a process of clarification of certain controversial facts that motivate a head of state to ask for forgiveness, however, in the case of AMLO and Michelle Bachelet, the facts related to both pardon requests are characterized as not producing the effects of an honest and effective process for forgiveness to be actually received.  Instead, the public posturing by both presidents of state have typified of an incomplete acknowledgement of historical truth relative to the treatment of Indigenous Peoples, that is, a comprehensive clarification of the facts that would necessarily provide the basis for an authentic forgiveness is lacking.

 

Secondly, a public policy of reparations and a fair and equitable compensation must direct the manifestation of the procedures for a legitimate pardon. A pardon in terms of human rights is intrinsically related to a policy of justice and reparation for the damage caused, which does has not occurred in the petitions for forgiveness of AMLO and Michelle Bachelet.

 

In the case of former president of Chile, Bachelet, it was a request for pardon orchestrated for purposes of international posturing, allowing her to constitute a precedent in her favor for the achievement of the post of High Commissioner for Human Rights at the United Nations, by giving the impression of a person committed to human rights of the Indigenous Peoples. In short, the request for pardon was an eloquent use of political theater, despite the seriousness of the criminal acts that have been committed against the Mapuche people and which remain in complete impunity.

 

In the case of Chile, the situation of injustice that Indigenous Peoples and especially the Mapuche have experienced, has not only been used by former President Bachelet, but, now recently, by the political parties of one side or the other.  These political schemes have resorted to usurping the legitimate Mapuche cause of self-determination to clothe themselves and deploy a strategy to coopt the indigenous political movement in order to maintain power, as has happened in the Constitutional Convention of the Chilean People this year.

 

The injustices related to the Indigenous Peoples is also similar to the Peoples of Africa who were subjected to the system of human slavery in the past. Despite the lapse of time, the issues related to human slavery had an open demonstration at the World Conference Against Racism and Xenophobia and other Related Situations in Durban, South Africa 2001.

In Durban, the governments and the Peoples of Africa raised the issue to the governments of the world that human slavery constituted a "Crime Against Humanity". This principle was preliminarily accepted by the States of the world, which included the States of Europe that were primarily responsible for the slave trade from Africa. However, among the political actors who invoked the need to codify slavery as an international crime, there were those who also created a dilemma by calling for the development of "a long process of dialogue in the multilateral international system to codify "slavery" as a "Crime Against Humanity". Meanwhile the public processes for the requested pardons for the historical crimes of colonization continued and evidently then prevailed, so that the act and procedures of public petition for pardon overtook the process of codification of the crimes for which the pardon was needed in the first place.


The value of a request for forgiveness and pardon is that it constitutes a gradual overcoming of denialism and that has become unsustainable over time. The centuries-long policy of denial of Human Rights has not only hurt Indigenous Peoples, but also all Peoples of the continent and the world.


Some organizations of the Indigenous Peoples, as a result of the participation of the Catholic Church in the process of European colonization of the continent Abya Yala/Wallmapuche, have raised the responsibility of the Vatican as a state to address the need to go beyond asking for a simple pardon, but rather, assume the full institutional responsibility of complicity in the context of international law. This institutional responsibility as a member state in the UN system, emerges from the the context of the "doctrine of Discovery of Christendom", from which the current situation of indigenous peoples is derived.


It is not the case that the relevant efforts of a public policy with the Indigenous Peoples in Mexico and Chile go unrecognized, but this is another matter that is not related to a policy of fair, impartial and equitable reparations in matters of human rights regarding events of the past that continue as issues of colonialism in the present.


The request for forgiveness of Michelle Bachelet and the request for pardon of AMLO, augurs new times, that is, these petitions for pardon represents a preliminary stage of the responsibility of the Latin American States, which now depends to a large extent on the articulation among the Indigenous Peoples to bring the of enforcement to the next stage.  This would entail the comprehensive clarification of the factual record, demanding reparations and compensation in a fair and equitable manner for the damage caused by centuries of colonization and establish the institutional measures for a firm and lasting coexistence in the continent under the rule of law and the principle of self-determination.

 

Wallmapuche, Temuco, Chile October 06, 2021


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