A/HRC/32/36/Add.1
56.
For the general human rights situation of indigenous peoples in Chile, the Special
Rapporteur referred to the reports of the Special Rapporteur on the rights of indigenous
peoples 20 and the Special Rapporteur on the promotion and protection of human rights
while countering terrorism and fundamental freedoms 21 on their visits to Chile in 2009 and
2013, respectively.
57.
The Special Rapporteur was informed by the authorities of Araucanía that peaceful
cohabitation with the Mapuche is a priority for the region and that the Government values
and fosters diversity. The Ministry of Justice reportedly has six specialized units, all of
which have special subunits dealing with Mapuche issues. The Ministry also has intercultural facilitators and Mapuche staff to interact with the Mapuche community. According
to the head of police in Temuco, since he took up his functions in December 2013, the city
has not witnessed any incident relating to Mapuche protests. The police have specific
protocols to ensure that they respect Mapuche culture and do not breach community rights.
Mapuche detainees are allegedly allowed to practice their culture.
58.
However, the Special Rapporteur received several reports that, over the past years,
the police have resorted to excessive use of force in the context of protests by indigenous
peoples calling for the respect of their rights, especially land rights.
59.
The majority of protests by Mapuche take place in rural areas, on the lands that they
consider as theirs ancestrally and which are, today, owned by non-indigenous farmers.
Many of the protests are occupation-style demonstrations. They are typically peaceful,
although there have been instances of violence against farmers’ properties. In such cases,
police special forces are called in to disperse the occupation, often using excessive force
and apprehending the demonstrators.
60.
The most emblematic cases of excessive use of force by the police against Mapuche
have occurred in the context of land occupation. In 2002, Alex Lemún, a 17-year-old
Mapuche, was shot dead by the police in Ercilla. The perpetrator received a one-day
suspension as a disciplinary measure and was acquitted by a military court. In 2008, Matias
Catrileo, a 22-year-old Mapuche student from the Requem Pillan community, was killed by
a police officer during a protest on the Santa Margarita farm in Vilcún. The internal police
investigation cleared the officer, however, a military court sentenced him to three years and
one day on probation. The police force maintained the police officer in his functions until
January 2013 when he was dismissed following repeated criticism from civil society. In
2009, Jaime Mendoza Collio, a 24-year-old Mapuche, was shot in the back by a police
officer while occupying the San Sebastian farm. An internal police investigation cleared the
alleged perpetrator but, in 2011, a military court sentenced him to five years and one day in
jail. However, the sentence was overturned a year later by a court martial which upheld the
thesis that the police officer had acted in self-defence. In 2013, the Supreme Court quashed
this decision, ruling that the conditions justifying self-defence had not been met, and
sentenced him to three years’ probation.
61.
Mapuche demonstrators have reportedly been detained and mistreated in other
instances as well. In July 2012, a group of Mapuche belonging to the Temucuicui
community peacefully occupied La Romana farm in Ercilla. The police forcibly evacuated
the demonstrators, including children, and detained them. Similarly, on 1 October 2014,
members of the Mapuche Huilliche Marriao Collihuinca community proceeded to
peacefully occupy land in Lumaco Bajo. The demonstration was immediately dispersed by
a large police force. Two children, aged 10 and 12, started recording the eviction and were
aggressively ordered to stop (one police officer reportedly pointed his gun at one of the
20
21
12
A/HRC/12/34/Add.6.
A/HRC/25/59/Add.2.
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