WRITTEN QUESTION E-3634/02

by Miquel Mayol i Raynal (Verts/ALE) to the Commission

(17 December 2002)

Subject: Association Agreement between the EU and Chile and respect for the rights of the Mapuche people

On 18 November, an association agreement was signed between the EU and Chile. It includes a clause concerning respect for human rights. The second point in the chapter devoted to political dialogue states that The main objective of the political dialogue [] is the promotion, dissemination, further development and common defence of democratic values, such as the respect for human rights [].

Chile is the only country in the whole of Latin America which does not recognise the existence of indigenous peoples. Their rights particularly those of the Mapuche people are far from being respected and protected. Moreover, the Chilean Government refuses to ratify the International Labour Organisation's Convention 169 of 1989 concerning Indigenous and Tribal Peoples. The police have committed numerous acts of arbitrary violence against Mapuche communities, and these acts have often gone unpunished.

The Agreement also states that one of the principles by which it has been inspired is sustainable development. Natural resources are being blindly exploited in the territory of the Mapuche people. In addition, many environmental conflicts exist, such as those arising from the deforestation of a large part of Mapuche territory and the construction of dams in the Pehuenche area of Alto Bio-bio. The planned Ralco hydroelectric power station will require 3 500 ha of ancestral land to be flooded, violate indigenous law and involve the removal, in some cases against their will, of Mapuche-Pehuenche families.

The Commission:

- Is it aware of the situation of the Mapuche people and the possible violation of their rights and territory by the Chilean State?

- Might it include the political and social situation of the Mapuche communities in the agenda for the political dialogue at the time of entry into force of the Agreement, in an effort to induce the Chilean Government to change its policy towards indigenous peoples?

- Will it invite Mapuche representatives to the political dialogue provided for in the Association Agreement?

Answer given by Mr Patten on behalf of the Commission

(9 January 2003)

The Commission is aware of the situation of the Mapuche people and has contributed to the financing of numerous NGO projects to assist them. It has also launched, in conjunction with the Chilean Government, a major rural development project in the ninth region, which has a high density of Mapuche people.

The political dialogue agenda is open to all parties' concerns. Nevertheless, the Commission believes that the Chilean Government's policy for indigenous peoples is a step in the right direction. In fact, the Chilean Government has taken a whole series of measures in an attempt to address the Mapuche issue; in particular with the creation of Conadi (the National Indigenous Development Board) in 1993 and with the launch of a Special Plan in 1999 to assist indigenous peoples. The plan, a result of dialogue between the Government and more than 3 000 Mapuche communities, includes 32 action programmes. Soon after the present Government came in to power, it put together a plan of action consisting of 16 measures to intensify social and public support for the indigenous population.

It is also important to stress that Chile's political constitution guarantees the respect of all rights inherent to the human person, while constitutional and legal principles guarantee all inhabitants the means of judicial and administrative redress in the event of violation of their rights.

The EU-Chile Association Agreement provides for political dialogue between the parties at the level of Heads of State and Government, at ministerial level and at the level of senior officials of both parties. The representatives of the Mapuche will still have the opportunity to express their points of view at meetings with representatives of European and Chilean civil society, as provided for in the Agreement.