WRITTEN QUESTION E-3633/02 by Miquel Mayol i Raynal (Verts/ALE) to the Council. Association Agreement between the EU and Chile and respect for the rights of the Mapuche people.
Date: 2002-12-17
Institutions: European Parliament, Provisional data
Subjects: Chile, EU relations, association agreement (EU), deforestation, engineering structure, ethnic group, human rights, rights of minorities, sustainable development, transfer of population

18.9.2003

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Official Journal of the European Union

C 222 E/97

The Honourable Member is also referred to the Commission’s answer to Written Question E-2871/02 (1) in
this connection.

(1) See page 25.

(2003/C 222 E/115)

WRITTEN QUESTION E-3633/02

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

(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 (cid:1) particularly those of the Mapuche people (cid:1) 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 Council:

(cid:1) is it aware of the situation of the Mapuche people and the possible violation of their rights and

territory by the Chilean State?

(cid:1) 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?

(cid:1) will

it
Agreement?

invite Mapuche representatives to the political dialogue provided for in the Association

Reply

(5 and 6 May 2003)

1.

The European Union is aware of the ‘Ralco-problematics’ and is following the developments closely.

2.
The EU-Chile Association Agreement was signed on 18 November. According to paragraph 3 of
Article 198, some of its provisions may be provisionally applied from the first day of the month following
the date on which Chile and the EU have notified each other of the completion of the procedures
necessary for this purpose. However, Articles 12 to 15 concerning the political dialogue will only enter
into force once both Parties have concluded their ratification procedures.

The Council does not need to wait for the entry into force of the Association Agreement to discuss with
Chile political issues and in particular questions concerning the violation of human rights. The EU Council
(cid:1) on the basis of the existing Joint Declaration on political dialogue annexed to the EC-Chile Framework
Co-operation Agreement of 1996 (cid:1) holds regular political dialogue meetings at different levels with the

C 222 E/98

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Chilean authorities. If necessary, it will not hesitate to raise with them any questions concerning serious
violations of human rights in general or any specific case of violation of indigenous peoples’ rights.

3.
Neither the above Joint Declaration annexed to the 1996 EC-Chile Framework Co-operation
Agreement nor the EU-Chile Association Agreement’s provisions on political dialogue explicitly foresee
the participation of representatives of the civil society in the EU-Chile political dialogue. According to the
existing applicable rules, the EU-Chile political dialogue was institutionalised between the two Parties at the
level of the President of Chile and the highest EU authorities, between Foreign Ministers or other Ministers
and senior officials of both Parties. It is however up to each Party to decide on the composition of its
delegation, which may if necessary include representatives of its civil society.

It is also recalled that Article 11 of the Association Agreement foresees the possibility for the Parties to
promote regular meetings of representatives of the Chilean and EU’s civil societies, including the academic
community, social and economic partners and NGOs, where questions like the one raised by the
Honourable Parliamentarian may be examined.

At its meeting on 11 November 2002, the Council recalled its strong commitment to the Resolution of
30 November 1998 on indigenous peoples within the Framework of the Development Co-operation of the
Community and the Member States. At that occasion, the Council also considered that the concerns of
indigenous peoples could be integrated into the political dialogue with partner countries, and that partner
countries could be encouraged to foster intercultural dialogue and co-operation.

(2003/C 222 E/116)

WRITTEN QUESTION P-3651/02

by Antonio Di Pietro (ELDR) to the Commission

(11 December 2002)

Subject: Break-up of the HMC Pubblicità company

It has recently been reported in the press that Cairo Communications (run by Urbano Cairo, the former
head of Publitalia) is the new advertising agent for TV La7 (part of the Tronchetti Provera group).

HMC Pubblicità (TV La7’s previous agent and 100 % controlled by SEAT/Telecom) is about to be broken
up, with over 40 employees having been dismissed in a most irregular fashion (pre-printed letters being
signed, the company’s situation being presented to the staff as irreversible, and so on).

In view of the close links between Cairo Communications and Publitalia, granting the former a contract for
La7’s advertising could lead to even greater entrenchment of the dominant positions and the virtual
monopoly within Italy’s television and advertising sector, which may have a detrimental effect in terms of
a further reduction in (if not to say the total disappearance of) forums (already reduced to the bare
minimum) in which democratic pluralism and accurate information may be sought.

As proof of this, very little prominence has been given in the press to the La7/Cairo/HMC deal, despite its
significance and the effects which it will have in competitive terms and on the television and advertising
sector itself.

In view, furthermore, of the fact that other deals have been struck between the Tronchetti Provera and
Fininvest groups, including the acquisition of Edilnord and the ‘Pagine Utili’ company, can and will the
Commission take any action with regard to the La7/Cairo Communications deal and the current break-up
of HMC, given that the deal further strengthens Mediaset’s monopoly and that of its subsidiary Publitalia in
the television and advertising sector?