International Educational Development
General Assembly
COUNCIL ON HUMAN RIGHTS
15th session
Item.5 Expert Mechanism on the Rights of Indigenous Peoples
Interactive dialogue
As skilfully analysed by the Report of the Expert Mechanism on the Rights of Indigenous peoples[1], whether in the U.N. Declaration of the Rights of Indigenous Peoples[2], in the ILO Convention 169[3] or yet again in the final comments by the Committee on the Elimination of Racial Discrimination[4], the importance of the principle of indigenous participation in decision-making on the full range of issues affecting their lives constitutes the fundamental basis for the enjoyment of all their human rights. In this respect the principle of participation in decision-making is closely linked to the right to consultation and decision under the principle of free, prior and informed consent.
This latter principle is of basic importance. In point of fact, free, prior and informed consent sets the framework for all consultations relating to the acceptance of projects related to the indigenous peoples’ ancestral lands use and likely to negatively affect the life of the indigenous communities, such as those resulting from large-scale natural resource extraction, creation of game reserves, storage or disposal of hazardous materials on their lands or territories.
France-Libertés fully shares the concepts expressed in the Expert mechanism’s Report and considers that as regards “right to consultation and participation” and, what is even more important, “free, prior and informed consent” they fully apply and portray the situation of the Mapuche people in Chile that we wish to submit both to the Expert Mechanism and to Special Rapporteur, Mr. Anaya
Not only have their ancestral lands and territories been taken away from them since more that two centuries, but no devolution measure is envisaged as of today nor compensation for damage suffered.
Despite the Committee on the Elimination of Racial Discrimination‘s call in 2009 to take immediate steps and its recommendations reiterating its deep concern for the activities carried out in the Araucanía region that are harmful to the environment, health, including the establishment of waste dumps and plans to set up sewage-treatment plants without the Mapuche community’s prior consent, mining and other harmful development projects continue unabated, such as those of Caleta de Mehuin by CELCO CELLULOSE opposed by the local community and whose wastes have already caused irreversible environmental damages in a national park, Temuco airport and waste dump construction. Geothermal projects about to begin in Curarrehue and Malipeuco, SN power (Norway) at lake Maigue where a largely criticised dam project is being built as well as a hydroelectric power plant at Maqueo, Pascual Lama project entailing the destruction of 3 glaciers in the Valle del Huasco.To mention just a few examples.
[1] A/HRC/15/35
[2] A/RES/295. Art.19. Art.29.1 and 2. Art.32.2
[3] ILO Convention Art.4.1. Art.7.3
[4] CERD/C/CHL/CO/15-18*