Transitional (In) Justice in Chile

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Published by Global Majority 479 Pacific Street Suite 5C, Monterey, CA 93940 www.globalmajority.org Editor: Jennie Konsella-Norene Co-Editors: Kit Alviz and Katie Holland Cover design by: Rebecca Walters Copyright Global Majority. All rights reserved. No part of this publication may be reproduced without the prior written permission of Global Majority

‘Transitional Injustice’ 2009

Global Majority and The Center for Human

Rights Studies facilitated a three-week

course on Human Rights and Chile’s

Vulnerable Populations from January 5-20,

2009. The seminar-practicum entitled

‘Transitional Injustice’ focused on Chile’s

history of democracy and dictatorship,

human rights abuse and transitional justice,

and had a particular focus on the role of the

judicial system in terms of the protection of

rights of the most vulnerable populations.

It was designed to enlighten students on

the situation of human rights in Chile as

well as to fully understand the current

problems of discrimination and abuse that

the Mapuche face. The program was run by

Hon. Juan Guzmán Tapia, director of

Universidad Central’s Center for Human

Rights Studies, Dr. Jan Black, professor of

International Policy Studies at the Monterey

Institute of International Studies; and

Global Majority. Twenty-one graduate

students from The Monterey Institute of

International Studies attended the program.

About This Event

Human Rights and Chile’s Vulnerable Populations

January 5-20, 2009

Santiago, Chile

Table of Contents

About This Event p. 1

About Global Majority p. 2

About the Center for Human Rights p. 3

Executive Summary p. 5

About The Monterey Institute p. 4

Student Articles p. 6-22

About Juana Calfunao p. 14

Recommended Readings & Resources p. 23

Practicum Agenda p. 24

Practicum Coordinators p. 25

Practicum Participants p. 26



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About Global Majority



The Center for Human Rights of

Central University in Santiago, Chile

focuses on the promotion of human

rights. The center encourages a

culture of human rights where all

social actors participate and where

all rights are respected. The center

strives to defend human rights

violations and to promote actions

against them. They advocate that

every person’s rights should be

recognized regardless of race, sex, or

condition. The purpose of the Center

for Human Rights is to be an

academic reference in the

investigation of Chile and Latin

America in relation to the education,

justice, and democratic transition

and has received several awards for

his work. Patricia Albornoz

Guzman is the co-director of the

center. As a lawyer, she has worked

on various projects and

investigations in conjunction with

many sectors of Central University

as well as other public and private

national and international

institutions. Her vast experience in

the human rights sector makes her a

valuable asset to the center’s team.

María Paz Narca B is the center’s

journalist and photographer who

compiles publications and

documents all events.

reflection, and debate of the actual

violations of human rights that exist

in these countries as well as around

the world. The goal is to promote

human rights and leave a positive

impression on younger generations

regarding justice, equality, diversity,

and liberty. The center has been

open for just over a year and they

look forward to contributing to both

national and international knowledge

of human rights.

Juan Guzmán Tapia is the director of

the center and has impressive

experience in the field of justice. He

has been internationally recognized

for his defense of human rights,

About the Center for Human Rights

2009



donec vitae leo.

Institute for Foreign Studies, the school’s focus was on

promoting international understanding through the

study of language and culture. This belief of the

founders is still a guiding light for the Institute’s

educational philosophy. Over the years, the Institute

added new programs, and faculty, expanding its global

reach and strengthening its educational mission.

The Monterey Institute is widely recognized as one of

the most academically prestigious language and

international policy studies schools in the country.

The Institute’s graduates are prominent in the US

Foreign Service, in language teaching leadership, and

in the international business community. The

Monterey Institute of International Studies recently

partnered with Middlebury College of Vermont.

Middlebury, founded in 1800, is a leader in language

education, international economics and

environmental studies.

The mission of the Monterey Institute of International

Studies, an affiliate of Middlebury College, is to develop

professionals who, through their knowledge, research,

language proficiency, fine-tuned intercultural skills, and

specialized expertise, are prepared to manage, lead, and

inspire others to address today’s global challenges.

The Institute offers graduate degrees in translation and

interpretation, international policy studies,

international environmental policy, business

administration, public administration and language

teaching. The Institute’s core values are based upon

excellence achieved through continuous improvement

and innovation, a multicultural community with a

global reach, the belief that each person can make a

difference, and the idea that multi-lingual and multi-

cultural skills are essential.

The Monterey Institute of International Studies was

founded in 1955 by Gaspard Weiss, Remsen Bird, and

Dwight Morrow Jr. Originally known as the Monterey

About the Monterey Institute of International Studies



Executive Summary By Jennie Konsella-Norene

The 'Transitional Injustice' seminar-practicum was

an incredible opportunity to directly explore the

struggles that the indigenous communities of Chile

face. It emphasized the urgency in acknowledging

these struggles and pressuring the Chilean

government to recognize Mapuche rights. The

practicum focused on Chile’s history of democracy

and dictatorship, human rights abuse and

transitional justice, and had a particular focus on the

role of the judicial system in terms of the protection

of rights of the most vulnerable populations.

Students began the course in Santiago where they

learned about the history of Chile, the dictatorship,

and the Mapuche culture. They then had the

opportunity to travel to various Mapuche

communities to listen to concerns of community

members and to witness the impact of environmental

degradation, a lack of access to resources,

contamination, and land deprivation. The practicum

ended with reflections on the course, guest speakers,

and special lectures from Judge Juan Guzmán Tapia

and professor Jan Black. This newsletter aims to

capture the key ideas and spirit of the course and will

be useful for students, activists, and organizations

that strive to address the conflicts and struggles of the

Mapuche communities in Chile.

“Indigenous peoples around the world have sought recognition of their identities, their ways of life and their right to traditional lands, territories and natural resources; yet throughout history, their rights have been violated. Indigenous peoples are arguably among the most disadvantaged and vulnerable groups of people in the world today. The international community now recognizes that special measures are required to protect the rights of the world’s indigenous peoples.”

~ United Nations Permanent Forum on Indigenous Issues (UNFPII)



Since serving in Chile in the early 1960s as a founding

generation peace Corps Volunteer, I had returned

often, but the prospect of collaborating with my

friend Juan Guzman, known now around the world as

the judge who dared to prosecute General Pinochet,

was an offer I could not refuse. I was also elated by

the prospect of sharing with Monterey Institute

students in January 2009 my own deep sense of

appreciation for and kinship with all things Chilean.

Chile, moreover, is a most fruitful locale for learning

about human rights and human wrongs – abuses and

protections – not only because of the tyranny and

terror the population experienced between the

Pinochetazo (military onslaught) in 1973 and the

beginnings of democratic transition at the end of the

1980s, but also because this awful fate had befallen a

country that until that time had been among the most

nearly democratic and politically stable of Latin

America.

The transition process, halting and arduous, seemed

almost complete at last by the middle of this first

decade of the twenty-first century. The war wounds

inflicted by bombs and artillery on The Moneda, the

presidential palace, had been patched up, and the

plaza beyond was guarded on both sides by statues of

the fallen democratic leaders, Salvador Allende and

Eduardo Frei. One of the most notorious of the

torture centers, Villa Grimaldi, had been converted

into a memorial to its victims, and the Santiago

Stadium, where beloved folksinger Victor died at

the hands of his torturers, now bears Jara’s name.

Strikes and demonstrations and cultural events

that would have been rare even two or three years

earlier have been commonplace since 2005, and

expressions and body language suggests that

people have begun finally to exhale.

Nevertheless, the process that has come to be

known as democratic transition rarely extends

rights beyond the social categories who had

enjoyed them before the onset of authoritarianism.

That means that persecution comes to be re-

concentrated on the poor, who had always been

vulnerable. In Chile, in particular, sociopolitical

participation had been limited and tenuous for

slum and shanty-town dwellers, working and

would-be working classes, and the indigenous even

before the Pinochetazo. “Barrios populares,” or the

people’s neighborhoods, like La Victoria, which

had suffered the brunt of Pinochet’s anger and

paranoia, continue to be harassed and preyed upon

by the same carabineros, or militarized police, who

occupied them regularly during the military

dictatorship, though now such persecution is in the

name of vigilance against terrorism, drug-dealing,

Stretch Marks of Chile’s Rebirth: Pushing the Parameters of Transition

Jan Knippers Black



and youth gangs. Meanwhile, Chile’s largest

indigenous nation, the Mapuche, faces new claims

on and desecration of their lands by foreign lumber

and mining companies. New assaults on Mapuche

rights and culture, responding to Mapuche

attempts to protect their communities and

livelihoods, are now misrepresented and

intensified through reckless government use of

anti-terrorism legislation. The upshot, as

elaborated in the essays that follow, is a situation

in which many indigenous communities are

continuously surrounded by carabinero

encampments, and residents feel that they are in

virtual detention on what remains of their now

despoiled lands.

That is not to say, however, that the peoples still

excluded from the liberation of transition are

simply settling for victimization. Far from it. City

walls here and there that in the early sixties bore

graffiti telling “Yanquis” to go home and in the late

seventies wore a bone-chilling whitewash – as

silent as the people who darted nervously past.

Now dazzle with triumphalist murals. La Victoria,

notwithstanding the carabineros on watch, has

become a stroll-through art museum, depicting in

professionally-executed murals the recent history

of a people who have suffered and have overcome.

And a locally generated broadcast and

documentary production studio, Senal 3, is

reaching out to assist the Mapuche in

communicating their plight and their aspirations to

a larger world. Murals in Mapuche country, from

Temuco south to the stunningly beautiful region of

lakes and volcanoes, also tell of a heroic struggle,

though reaching farther back in time to successful

resistance against conquest first by Inca, then by

Spanish, imperial forces. That spirit has been

reinvigorated by the example of what can be

accomplished in Chile even by a single courageous

and committed individual like Judge Juan Guzman, as

well as by what indigenous peoples around the world

can achieve when they pull together. Inspired

particularly by the UN declaration on the rights of the

indigenous adopted by the General Assembly in 2007,

Mapuche leaders have launched a new program to

educate their communities about the individual and

collective rights to which they are entitled under

international law and to motivate them to explore

strategies for ensuring that those rights will be

respected.

Through our collaborative seminar-practicum in

January 2009, Monterey Institute students had the

great privilege of participating in the launching, at the

headquarters of the Consejo de Todas las Tierras

(Council of All the Nations) in Temuco of the Escuela

de Autogobierno, or School for Self-Determination.

Moreover, walking among the working people of

Chile, whether urban or rural, with Judge Juan

Guzman (Pictured below with Professor Black), was

in itself a rare privilege – rather like, one supposes,

walking around India with Mahatma Gandhi.



Lets face it, transitional democracy is

sexy. The words have been

romanticized- transitions from

dictatorships to people power, and

the victory of citizenship. However,

transitional democracy is dragging its

shredded feet like a prisoner of war.

Painful wounds have slowed the road

to social freedom and unfortunately,

the most threatening abrasion is

promoted by the state: the market

economy. The worst part? The global

community prematurely calls it a step

towards “democracy”, while the

public simply says, “Well done.” Chile

is a prime example. The international

media and accessible public reports

praise the government’s progressive

initiatives and human rights

ratifications, yet somehow, many

have missed the one million people

still stuck in a dictatorship. Though

Chile’s standard dictatorship ended

with Pinochet’s ousting in 1988,

many promises of change made by

elected officials have not been kept.

The Pinochet Constitution still

operates, rejecting the Mapuche

Indigenous as a distinct community,

and legally binding them to poverty.

Pinochet embezzled 500,000 of the

750,000 acres the Mapuche owned in

the late 1970s, and though all

subsequent Presidents have promised

to restore it, land reform has been

anything but progressive. I visited

Chile in January with a Student

Practicum to examine democratic

transitions and the impediments to

Mapuche human rights. We traveled

with Judge Juan Guzman, the famed

Pinochet prosecutor and one of the few

standing up for the Mapuche cause.

Contrary to the international praise

reports of Chilean democracy, the

Mapuche are victims of state abuse.

Large transnational forestry industries

and paper mills surround

communities, while they face police

brutality and systematic terrorism

daily. As thirsty, non-native trees

deplete their already scarce natural

water sources, they struggle to gain

legal rights as they are also often

charged and imprisoned for crimes

they did not commit. The question

remains, why? As the bus bounced to

our fifth community, the leader of

Mininco stood and said, “Vean esta

fábrica.” The bus stopped and we

stepped out. The CMPC Celulosa

factory professing to “use the latest

proven production technologies

that are environmentally sound and

provide the ultimate level of safety”

stood before us. Strangely

contradicting Celulosa’s claim, we

learned that this paper mill

contaminates the rivers that flow

directly to the 500-person

community below-- causing child

diarrhea, miscarriages, deformities

in animals, and rotting agriculture.

As we took pictures, documenting

the ugly character and awful smells,

a man appeared from the factory

gates. He lifted a camera and to my

great surprise, began snapping

photos of us. I was struck. Why was

he taking pictures of us? To report

us? What kind of credibility does

Celulosa have? And why would he

think, for even a second, that he has

more power than the human and

environmental rights activists.

Democracy…Really? On the Economic Fast-Track to a One Culture World

By Cory Belden



should consider protecting and keeping what we still

have, rather than just apathetically marveling. The

Mapuche are still here. The Cherokee are still here. The

Pygmy, the Aymara, the Zapotecs, the Ami are still here.

Bu they are fading away. Though the West claims that

human rights declarations, the International Criminal

Court, and Official Development Assistance is enough—it

is not. We must face the truth as global citizens- states

are choosing to protect the capital before the people.

While Chile receives $24 billion from industries in the

south, the Mapuche communities pray on their sacred

grounds, surrounded by burnt eucalyptus and vast

barren land without support from other Chileans or

international advocates. There must be a better way.

Chile has provided us with a warning: an alert to quit

while we still can. Stop naming every nation a romantic

transition to public justice just because they have

instituted elections. Forget mentioning “democracy”

when the state is not equally protecting every citizen, and

when transnational companies have more rights than

humans. And for God’s sake, be truthful to yourself- this

is nothing new- the failures of our economic model are

on a speed train to a one-culture world and an

environmentally exclusive global system. Let’s

remember the Mapuche, and pour one down for human

awareness, and active public participation. Before it’s

too late.

Incredible still, while we were attempting to rattle

Celulosa for causing environmental and human harm,

the man was accusing us for disrupting capital flow.

And then it hit me. As we purchase our daily paper

materials, (the U.S. is the primary buyer of these

exports), we prevent true democracy and violate

human rights. We are those exterminating Mapuche

communities, and the market-economy is the culprit

yet again. Without global participative democracy, the

market-economy is promoting a one-culture world.

The Western model (Chile following) has given priority

to consumption. To Celulosa and other multinationals,

the human rights activists are a threat. The Mapuche

people are a threat. Anything that stands in the way of

production and recapitulation of wealth is degraded,

including humanity itself. This fast-paced priority

capitalism is squashing numerous cultures and nations

around the world. At a community meeting, I took a

moment and watched these harmless people pass a cup

of traditional drink. One by one, each Mapuche tipped it

to the ground before drinking. When I asked why, the

man squatting near me met my eyes: “We must give

back to what gives to us.” Right, giving back. We must

protect the people and the earth, while encouraging

economic growth. So while we (the public with rights)

visit our Indigenous museums and green parks,

admiring the culture and tranquility, perhaps we



The extensive human rights

abuses during the Pinochet

dictatorship in Chile are well

documented. While many efforts

have been made to heal the

wounds from this horrifying past,

little has been mentioned

concerning the abuses taking place

under the current democratic

government. Chile is home to

more than one million indigenous

people and the Mapuche account

for almost 90% of this population.1

Mapuche means ‘people of the

land’ in their native language and

symbolizes the strong connection

and cultural identity they maintain

with the earth. For centuries the

Mapuche resisted Spanish

conquest and imposed culture; a

long history that represents a

continuous and current attempt to

defend the relationship they have

with the land. Since the return of

democracy in 1990, Chile has tried

to enjoy some of the characteristics

that usually come with a democratic

government. Yet the shadow of

military rule often overpowers the

quality and true existence of

democracy. As a result, Chile has

continued to follow many of the

economic policies developed by the

military in the 1970’s so the

exploitation of natural resources is a

current, accelerating problem. Chile

has been under extreme pressure to

develop quickly under a neo-liberal

model, thus capitalistic values are

given priority before environmental

and human rights issues. 2 The lack

of attention placed on

environmental and human rights

issues is especially impacting the

Mapuche. The right to land, which

is usually protected under both

international and national laws,

does not apply to indigenous

people in Chile. The International

Labor Organization (ILO)

Convention 169 is a prime

example, which states that

indigenous people have a right to

decide on their own development

projects and to have influence and

decision-making power in

economic, social, and cultural

development that directly impacts

them. 3 Adopted in 1989, only 18

countries have ratified the

convention. The Chilean

government recently ratified it, yet

little progress has been made to

protect the rights of indigenous

peoples and to enforce the

fulfillment of the convention.

Chile’s Mapuche: The Struggle for Justice Jennie Konsella-Norene

Picture by Michelle Seivers



- sodales.

Although the exploitation and

abuse of the Mapuche began long

before the military dictatorship,

the Mapuche continue to be

victims of Pinochet even after his

death. The 1978 Amnesty Law

enforced by Pinochet exempting

the military and armed forces

from prosecution for human

rights violations committed

during the dictatorship is still

being applied. 4 For this reason,

the Chilean justice system has

also been damaging to the

Mapuche people. The misuses of

anti-terrorism laws are used

against the Mapuche anad cause

unjust arrests and violence. Many

Mapuche have been arrested

under these laws that grant the

government the right to hold

prisoners for months without trial,

to withhold evidence from defense

attorneys, and to permit the

testimony of unknown witnesses.

Various human rights organizations

have criticized Chile for their anti-

terrorism legislation, as it is

inapplicable for punishing crimes

that might be illegal but that are not

acts of terrorism. Under the anti-

terrorism accusations, the Chilean

government is essentially denying

the Mapuche of their right to justice.

Instead of holding fair trials, the

Mapuche who are accused of crimes

are tried in military courts where

they have little hope against a

system where those who have

violated the rights of the indigenous

people have an almost perfect

record of impunity. The current

situation of the Mapuche is an

extreme case of human rights

violations. Under the supposed

democracy that Chile holds, the

government should be morally and

legally responsible to protect the

rights of its citizens from those who

would violate even the most basic

rights. The Chilean government as

well as the international community

must commit the time and resources

necessary to eradicate these issues

and recognize the indigenous

community as not only citizens but

as human beings.

Notes:

1. Parellada, A. (2006) “The Indigenous World 2006: Chile” 2. Von Malmborg, M. 1999. The Chilean Mapuche-Pehuenches’ 3. International Finance Corporation: “ILO Convention 169 and the Private Sector.” http://www.ifc.org/ifcext/enviro.nsf/AttachmentsByTitle/p_ILO169/$FILE/ILO_169.pdf 4. Matear, A. 2004. ‘The Pinochet Case: The Catalyst for Deepening Democracy in Chile?’ Fighting for Human Rights. 117-120. 5. Parellada, A. (2006) ‘The Indigenous World 2006: Chile’



Mapuche: In the Search for Truth and Justice Leah Cassidy

major element of the population. Avelino Meñaco,

the lonco of Communidad Pascual Coña was 17 years

old when Pinochet came to power. The hope for

democracy brought an expectation of freedom for

the Mapuche. When democracy was restored, in

Meñaco’s experience he felt that, “Everything

continued to be the same.” In his eyes there is little

democracy in Chile, a sentiment often echoed by

many Mapuche.1 “Full participation in a democratic

society can only occur if the issue of accountability is

dealt with”1 and if the demands for truth and justice

of all parties scarred by history are answered.

Unwittingly or not, the government, employing

discriminatory tactics has created two parallel states

sharing an uneasy space, the Chilean state and the

Mapuche state. The rights of Mapuche continue to be

exploited through police repression, invasive

infrastructure projects and government approval of

environmentally harmful forestry, mining and

industrial projects. Criminalization of Mapuche by

both the political and legal systems, supported by

the strength of the Carabineros, persists. It is little

wonder the Mapuche are so disaffected with Chile.

The most fundamental right of the Mapuche is to

maintain their own specific cultural identity tied to

the earth, which not only provides a way of life but

also is the “media of cultural and spiritual integrity

for the entire community.”1

Nations often re-tell their glorious pasts. Conquests

are commemorated and written down in history books

for prosperity purposes. This history contributes in

part to feelings of national identity and holds

particular relevance to citizens. More relevant but

under-reported, is the history that has been omitted

by those in power. Gross violations of human rights

including genocide, torture, rape, disappearances,

murder, false imprisonment, detention, cruel and

inhuman treatment and punishment are part of this

world’s un-glorious past. These international crimes

are also part of the present as well as the future of

nations. Political and military repression, corruption,

economic discrimination and other forms of

misgovernment are common forms of abuse. In fact

“around the world, people are far more apt to be

harmed by their own than by other governments.”1 In

the name of national security, human rights, including

the rights to truth and justice have been abandoned

and atrocities justified. Chile continues to struggle

with demands for truth and justice for the many

murdered, tortured and ‘disappeared’ during the 17

years of the Pinochet dictatorship. Difficulties are

apparent in this country trying to come to terms with

Chilean hurts and attempting to heal Chilean wounds.

However the progress made by mainstream Chilean

society in the transitional justice process and the

transition to democracy has left out the Mapuche, a



donec vitae leo.

lawmakers and policy makers in the government

buildings above. Oscar Wilde said, “The one duty we

owe to history is to rewrite it.” Embracing the truth

and enacting justice according to the rule of law, would

raise the credibility of Chile and strengthen its

legitimacy in the international sphere. Reconciliation

cannot be possible if denial and impunity is

institutionalized within the governing authority.

Hopefully Chile will rewrite history and use this

experience to search for the truth and bring justice to

the hidden and the voiceless.

A lack of validation and invitation to participate fully in

the Chilean democracy further disengages the Mapuche

from Chile. The unwillingness on the part of the Chilean

government to seriously acknowledge the suffering and

make reparations for the injustice experienced is a sign

that Chile has yet to fully transition to democracy.

Meanwhile, the Mapuche are the subject of political

rhetoric and presidential protocols. The Mapuche

display in the underground museum, Centro Cultural

under La Moneda is a startling metaphor for the

Mapuche struggle, hidden away from ‘normal society,’

exploited for Chile’s benefit and distanced from the

Picture above taken by Marja Byekirova

Notes:

1. International Council on Human Rights Policy, Duties sans Frontières: Human Rights and Global Social Justice (2003), 48. 2. Community Meeting, “Pascual Coña.” Digital video recording. Lleu Lleu, Chile, 13 January 2009. 3. Alexandra B. De Brito, Human Rights and Democratization in Latin America: Uruguay and Chile (New York, NY: Oxford University Press, 1997), 1. 4. Ronald Niezen, The Origins of Indigenism: Human Rights and The Politics of Identity, 75.



Chile’s transition to democracy, after the bloody

seventeen-year dictatorship under Augusto Pinochet, has

produced a thriving national economy with heavy

international investment, high wages, a strong national

infrastructure and a sense of national reconciliation.

However, with a transition to democracy comes

democratic rule of law, which is held in place by the

people’s respect for the government, and “in a democracy

respect for authority must be based on its legitimacy, and

legitimacy is always open to question and challenge.”1 A

government’s legitimacy is always open to question

because “legitimacy is the belief that in spite of

shortcomings and failures, the existing political

institutions are better than any others that might be

established, and that they therefore can demand

obedience.”2 This being the case, to assert that a

government is legitimate is to assert approval for it and

thus respect for its authority.3 Therefore the fight for

legitimacy as discussed here is a fight for approval on both

the side of the Chilean State and that of the Mapuche. In

Chile the indigenous population, the majority of which are

Mapuche, have suffered because of the government’s

development policies, and “while the living standards of

the rest of the country continue to improve, Mapuche in

the south live in an impoverished enclave.”4 This disparity

has helped to foster an age-old “us and them” socio-

political disaccord between the Mapuche and the Chilean

state, which has become a fight for legitimacy. . The state

has fought to legitimize its actions, through the use of

anti-terrorism language and legislation and through

economic and social policies, which are designed to

legitimize the treatment of and to discredit the Mapuche.

The Mapuche have fought to bring legitimacy to their

land claims through social protest and community

organization. During the visits conducted in a variety of

Mapuche communities by a group of students from the

Monterey Institute of International Studies (MIIS) in

January 2009, it became apparent that the Mapuche

continue their historical role as outcasts. To the

Mapuche the Chileans are huinca and the Chileans still

view the Mapuche as violent, lazy drunks who, refuse to

adapt to Chilean culture. However, the Mapuche are now

also considered to be terrorists and because of the

government’s use of anti-terrorism language and

application of the Terrorism Act prejudices against the

Mapuche continue to be reinforced and their grievances

delegitimized in Chilean popular opinion. There is fault

on either side, despite their mostly legal demonstrations

and protests some Mapuche have resorted to violence

and illegal means, however the move into illegality has

been more out of desperation to be heard by their

country rather than a desire to provoke the government.

If the government desires the Mapuche to act completely

within the law it must take steps to normalize normalize

Mapuche and the State: A Battle for Legitimacy By Josh Lease



relations with the Mapuche. The first should be to

stop trying Mapuche under the Terrorism Act and

“the government should publicly recognize that

despite the criminal nature of some Mapuche actions,

many of their protest actions are lawful and in

response to legitimate social demands.”5 The

Mapuche on the other hand could continue to fight

for their rights and work to organize their

communities within the law, as in the case of the

Consejo de todas las tierras in Temuco and the newly

formed Escuela Autogobierno Mapuche (Mapuche

Self-governance School). To diffuse their message

abroad the Mapuche should invite more international

groups to their communities such as the students

from MIIS, Amnesty International and Human Rights

Watch because “most governments respond to

human rights pressures because they care about their

legitimacy in both the domestic and international

arenas.”6 Foreign groups need to publish what the

Chilean media refuses to publish and pressure other

governments to consider human rights in policy making

as it concerns Chile because “states not only care about

their material well-being, but also about their

legitimacy (that is, their normative standing) among

both domestic society and foreign states. As a result,

vigorous efforts to shame noncompliant states can

produce important changes in the targeted state even

in the absence of overwhelming economic sanctions or

military force.”7 Chile has no doubt come a long way

from the days of mass human rights violations but if it

hopes to “to maintain and legitimize its democratic

credentials the state must not only cease to violate but

also begin to create the necessary conditions so that the

basic human rights of all members of society are

safeguarded.”8 The Mapuche are an integral part of

Chilean history, culture and society and there is nothing

to say that both the state and the Mapuche could not

find legitimacy if the right steps are taken

collaboratively.

Notes: 1. Human Rights Watch. The Limits of Tolerance: Freedom of Expression and the Public Debate in Chile. (New York: Human Rights Watch, 1998) 4. 2. Linz, Juan. The Breakdown of Democratic Regimes: Crisis, Breakdown, and Re-equilibration. Vol. 1 of The Breakdown of Democratic Regimes, edited by Juan Linz and Alfred Stepan. (Baltimore, MD: John Hopkins University Press, 1978) 16. 3. Charles Boix and Susan C. Stokes, ed. The Oxford Hanbook of Comparative Politics. (New York, NY: Oxford University Press, 2007), 238. 4. Human Rights Watch, “Undue Process: Terrorism Trials, Military Courts, and the Mapuche in Southern Chile,Human Rights Watch 16, no. 5, 2004), 1. 5. Bialostozky, “The Misuse of Terrorism Prosecution in Chile,” 95. 6. Hawkins, International Human Rights and Authoritarian Rule in Chile, 27. 7. Hawkins, International Human Rights and Authoritarian Rule in Chile, 172 8. Alexadra B. De Brito, Human Rights and Democratization in Latin America: Uruguay and Chile (New York, NY: Oxford University Press, 1997), 223.



About Lonko Juana Calfunao Lonko Juana Calfunao is the leader of the

Juan Paillelef community and is an activist

in the struggle to recover land belonging

to the Mapuche people,which has been

occupied by neighboring landowners as

well as the Chilean state. She is a victim of

violent political persecution and her

situation is one of the most serious cases

of human rights violations in Chile. She is

truly an inspiration and seminar

participants were fortunate to meet her.



Drawings by Lonko Juana Calfunao

‘Defending lands, defending rights, defending women’



‘Rooted in the land, the Mapuche live

to defend nature’



interested in the benefits of a particular business model.

Mapuche groups did not intentionally join this business

model, but from my observations, the modus operandi of

these groups, to protect the environment, is an incognizant

advancement of Mapuche social rights within an economic,

social, political system that is inherently business

oriented. One of the advantages of this approach is that it

does not encroach on Mapuche identity, and it allows them

an appropriate medium to fight for their rights as a people

group. In other words, the Mapuche can now operate

within a neoliberal system without losing their identity

(Mapuche individuals do not have to become lawyers or

businessmen/ women to resolve inter-cultural issues and

obtain human rights).

The Escuela de Autogobierno (Self-Governance School)

established by Mapuche communities in January 2009

reinforces the autonomy of the Mapuche with respect to

the fight for social rights and the maintenance of

indigenous identity. As the Mapuche become more socially

united and fulfill community needs, the hope is that they

will continue to innovatively advocate for their social

rights in a way that is most appropriate for them. Through

self-advocacy, the Mapuche will actively participate in the

process of development, without falling victim to wayside

projects that inadvertently neglect their needs. If Mapuche

communities continue to equip themselves and operate in

a way both congruent to the modern world, yet distinctly

indigenous, they will prove themselves worthy of

incorporation into a global system on their own terms

rather than experience an incommodious integration by

external forces. Now that promises progress for

development.

Posh, prudent, and pricey, from the prosperous to the

impoverished, development semantically and

practically hinders and helps millions. The definition of

development, though static has proved malleable in

practice: a discovery noted from extricable pockets of

development projects that become floor scraps before

their dollars can make sense. Contemporary

development organizations, programs, goals and

metrics follow a neoliberal structure with a twist of

grace. The incorporation of the business sector into

development efforts yields innovative results. People

groups typically targeted, as recipients of development

projects, are often savvy to their role within the

development system. Furthermore, these groups have

developed strategies, independent of outside influence,

that utilize business system models to further their

own interests. The Mapuche of southern Chile are one

such example. A new business model for

environmentally sustainable enterprise involves the

overlap of economic, social and environmental sectors.

Through process of elimination, the Mapuche have

discovered that the optimal path to secure their social

rights is to function within this sustainable business

model. Through advocating for environmental

protection, Mapuche members are fighting for their

social needs; and because advocacy for environmental

protection now often overlaps with greater social and

economic interest, Mapuche efforts can appeal to

powerful leaders (whether they be in business,

environmental groups, or governmental groups)

The Dynamics of Development Jennifer Billings


We have already been in Chile for

over a week and we are having an

amazing experience. Over the past

few days we have been traveling

around to various communities but

we are back in Temuco now for a

couple of nights. We just attended a

Mapuche community meeting of the

at the Consejo de Todas las Tierras

where Judge Juan Guzmán spoke

passionately about the need for self-

determination of the Mapuche

people. While the Mapuche have

inhabited the area in Chile and

Argentina for over 10,000 years, they

have been victims of marginalization

and severe discrimination for over

500 years. Though this discrimination

remains, they successfully fought back

both the Incas and the Conquistadors

and in some manner, the economic

policies of the past few decades. It

goes without saying that they have a

history of being fierce and formidable

warriors. We have thus far visited five

local Mapuche communities

throughout the Araucania region in

Southern Chile. All of them appear to

have their own characteristics, though

all fit under the umbrella of the

Mapuche nation. The word

Mapuche originated centuries ago.

Che means people and Mapu

means the land, thus the Mapuche

are literally "the people of the

land." We first arrived at

Lonquimay where the Mapuche in

this area are known as Pewenche.

We met the lonko (leader) who is

a very grounded and humble

leader yet has an obvious vision

for autonomy for both his local

community and the larger

Mapuche population.

Meeting the Mapuche on Their Land Student Reflection by Dave Moorer

Picture above taken by Dave Moorer



with impunity and any cases brought

against them are found to be in favor

of the police. Another community,

Mininco, has had their water

reservoir contaminated by a nearby

factory called Celulosa that makes

paper and other products. Over the

last three years many of their cows

have been born with birth defects or

born prematurely. At least three of

the children have had serious

problems with diarrhea since

drinking the contaminated water.

The government agency monitoring

and regulating these environmental

concerns seems to favor the

corporations, thus leaving little room

for recourse. Given these grave

concerns, Judge Guzmán has been

searching for possible legal actions

to make reparations for the damages

caused by the pollution. It sounds

just like Monsanto all over again.

The corporations that are based in

Chile operate with impunity, and

would rather spend money to get

around addressing the solution of

contamination by paying off some of

the locals with huge monetary

settlements, pitting them against

their neighbors who are receiving

no offer of reparations. On a lighter

note, we entertained the community

in Mininco with a group

performance of "I Will Survive,"

which seemed very appropriate for

the event. We were also serenaded

by some of the lovely young women

and their male guitarist who sang a

couple of beautiful tunes with

personal religious meanings. We

stayed the night in Mininco and set

off at 6:00 a.m. heading for Lieu

Lieu, 80km down the roughest road

in Chile. After two site visits, one in

Pascual Koña and the other in

Choque, we returned to a crystal

clear lake that called each of our

names. It was a perfect location

surrounded by beautiful and

grandiose forests, despite obvious

signs of deforestation. So far we

have experienced an amazing

adventure in Chile!

They have a very strong connection to

the Kuñe (mother earth) and to the

forces of nature. In the Mapuche flag,

there is a circle with four elements of

the universe: stars, moon, sun and

wind. They are very proud people and

have welcomed us all with open arms

and much generosity. One of the

women gave a large jar of honey to a

member of our group, and we have

consistently enjoyed it over breakfast

and dinner. While we are learning

about the Mapuche way of life and

building relationships, Judge Guzmán

has been meeting with various

Mapuche communities and has

defended them against many different

charges. From what we understand,

most if not all of these charges have

been made up charges by the

Caribiñeros (national police). We

interviewed a man who had lost his

right eye from being shot by the

Carabiñeros about two years ago. He

said there was no trial or much due

process involved regarding his case.

Unfortunately, the Caribiñeros operate



Photographs by Dave Moorer



A Lasting Impression John Billings

My original assumptions were turned upside down

when I went to Chile. In Chile, I witnessed the

difference between theory and practice, and I also

observed a culture very different from my own. The

heritage of the Mapuche is quite different in the

sense that the community is highly valued. An

individual represents his community, and the

community advances or retreats together.

Furthermore there is a deep connection to their

land. It is deeper than what I, and probably most

people raised with Western ideals, can understand.

Outsiders from across the world, who view the

earth as a resource and seek to profit from it have

bought the land that the Chilean government has

solicited to them. These companies do not

comprehend the Mapuche way of life and taking

into account their concerns would require a great

deal of effort on their part. This is an unfortunate

disconnect since the Mapuche’s soul connection

involves the land from which the outsiders wish to

seek profit. It will take much empathy for these

outsiders to begin to understand and fight for the

Mapuche’s cause.

Sadly, it was the government that first invited these

companies to buy the land owned by the Mapuche. If

the government does not change its policy toward

these indigenous groups, these ancestral

misunderstandings will cause continual land

conflict. The Mapuche realize this; they know

overarching war involves obtaining respect from

the Chilean population, while their daily battles are

with the companies that now use their land. It

seems that Chileans, for the most part, do not view

the Mapuche favorably. Our group met many

Chileans with racist tendencies who have little

respect for the Mapuche. The Mapuche are often

labeled negatively and those Mapuche leaders

who stand for their rights are often mistreated. I

believe it is here, within the eye of the Chilean,

that the Mapuche people must struggle and work

to gain ground. If the Mapuche are seen as fellow

men and women, whose passions and desires are

seen as equally important to those of other

Chilean’s, then it is much more likely that the

Mapuche will live with peace and respect on their

land.

Though I am sure there have been previous

attempts to achieve the respect and understanding

of the Chileans, the Mapuche must continue this

battle. This is the most challenging battle for the

Mapuche – that is, the fight for respect of the

Chilean majority. In the past, the Mapuche

withstood every empire that crossed their paths,

from Incas to Spanish. Yet, they fight a very

different battle now, one of respect and

recognition. In this regard, it is not against the

Chilean people that the Mapuche fight, but against

disrespect, and the conventional lack of care and

understanding. It is hopeful that a gained respect

for the Mapuche will transform their former

enemies into loving allies, from winka to pene. It

is, after all, through respect and love that our

group, all winka, were welcomed as pene by every

wonderful Mapuche community that we visited.



Sustaining the Human Rights Movement (1973-Present) Rebecca Walters

This reflection on the long-term sustainability of

Chile’s human rights movement during the Pinochet

era was first conceived on January 20, 2009 in

Santiago as a deliverable for the three week

practicum on Transitional (In) Justice. But that’s not

the story I’ll tell. I'll never forget the feeling of

isolation and helplessness, of hearing snippets of

news about the 2009 Gaza conflict, which left

thousands of civilians dead. I began to wonder within

the context of the Chilean state: how does a human

rights movement perpetuate itself during

dictatorship and military occupation?

The Chilean Catholic Church assumed a pivotal role

in the human rights movement following the

September 11, 1973 military coup. Ecumenical

human rights organizations such as Comite de

Cooperacion para la Paz en Chile formed immediately

after the coup, providing legal, economic, and social

services to the marginalized and vulnerable segments

of Chilean society. These organizations flourished

under the protection of the Catholic Church, which

utilized its public authority and international linkages

to insulate them from obstruction by the regime.

Although the Comite para la Paz was dissolved at the

personal request of Pinochet, Cardinal Silva created

the Vicaria de la Solidaridad in January 1976 as an

official - and, therefore, untouchable - branch of the

Catholic Church. The Vicaria established a platform

for documenting human rights issues, communicating

with international organizations, receiving needed

social services, and empowering communities

through civic participation.

These human rights interventions adapted to the

amount of political-social space the regime allowed -

organizing through churches, secular associations,

and when the moment was ripe, on the streets in the

1980s. Catholic Church-sponsored organization such

as COPACHI and La Vicaria created protected

platforms for non-violent resistance in Chilean

society. Individuals could express their social and

political activism with a degree of safety. In this

manner, under the careful watch of the Catholic

Church, the consent of the subjects was withdrawn



over years and decades from the military

dictatorship; the legitimacy of the undemocratic

Pinochet regime was undermined by popular

resistance. Indeed, the vigorous, detailed

documentation of human rights abuses committed by

the Pinochet regime provided an avenue for speaking

truth to power. The Catholic Church and other

organizations channeled this grass-roots information

to international NGOs, communities, and other

interested parties. And the meticulous testimonies

and evidence gathered by the lawyers of La Vicaria de

la Solidaridad assisted transitional justice efforts,

leading to the indictment of Pinochet by Judge Juan

Guzman in 2004 and the successful prosecution top

level officials.

Finally, the Chilean human rights movement embodies

the saying, “The whole is greater than the sum of its

parts.” Political, social, and civic mobilization during

the Pinochet regime was complex, nuanced, and multi-

level, merging neighborhood initiatives, legal aid

services, economic assistance, popular protests, and

international human rights campaigns by Amnesty

International, the United Nations, and the

Organization of American states. International donors

and human rights organizations provided funds for

social, legal, and community service provision. The

Chilean human rights movement arguably would not

have sustained itself in the absence of collaboration

and intersection between these forces – and the

diversity of interventions ensured its long-term

success.

Photos taken by Michelle Seivers



Chile Practicum Agenda “Transitational Injustice” January 5-20, 2009

Monday January 5, 2009 • Visit to Villa Grimaldi • Lecture at the university

with Dr. Jan Black: “Limited Democracy and the Slide into Dictatorship”

• Visit to the city center

Tuesday January 6, 2009 • Lecture with Judge Juan

Guzmán: “Demographic and Sociological Development and Class Delineation”

• Film: Machuca • Visit to La Cases de Neruda:

La Chascona

Wednesday January 7, 2009 • Film: “El Juez y el General” • Lecture with Jugde Guzmán:

“Judging Pinochet” and “The Transition from a Dictatorship to a Democracy”

• Lecture with Dr. Jan Black: “Transition-Obstacles and Opportunities

• Film: “El Diario de Agustín”

Thursday January 8, 2009 • Visit to the Pre-Colombian

Museum • Guest Trainers-Mapudungun

Domingo and Ignacio Calfucura

• Visit to La Victoria

Friday January 9, 2009

• Arrival in Temuco • Meeting at the Consejo de

Todas las Tierras • Accommodation in Temuco

Saturday January 10, 2009

• Visit and lunch with the community of Roble Huacho

• Visit with the community of Boyeco

• Meeting with La Machi • Accommodation in

Lonquimay Monday January 12, 2009

• Visit to the Conguillío National Park and the Llaima Volcano

• Visit and dinner with the community of Valle Huelehueico in Mininco

• Accommodation near Mininco Tuesday January 13, 2009

• Early arrival in Lleu Lleu • Visit and lunch with the

community of Pascual Coña • Visit with the community of

Choque • Accommodation in Lleu Lleu

Wednesday January 14, 2009

• Visit to La Escuela para el Autogobierno in Temuco

• Accommodation in Temuco

Thursday January 15, 2009

• Visit and lunch with the community of Malalhue: Inauguration of La Escuela del Autogobierno

• Accommodation in Valdivia

Friday January 16, 2009

• Visit and lunch with community of Mehuin

• Visit to local blueberry farm owned by James Mark

• Accommodation in Valdivia

Saturday January 17, 2009

• Visit with Juana Calfunao at the Temuco jail

• Night return to Santiago Monday January 19, 2009

• Guest Speakers: Gabriela Zuniga: “Human Rights Movement” Wilma Perez Huenupe: “Rights of Indigenous Peoples” Lorenzo Morales: “Indigenous Human Rights”



Practicum Coordinators Cameron Hunter Global Majority Executive Director/Board of Directors Cameron Hunter has an MBA and an MA in International Policy Studies with a specialization in Negotiation and Conflict Resolution. She joined Global Majority in 2005 working for the local education and training program. Originally from Santa Ynez, CA, she received her BA from UC Berkeley in English Literature. Prior to her position with Global Majority, Cameron worked as a researcher for the Center for Nonproliferation Studies and editor of the GLOBE Management Review in Monterey; intern at the Palestine Israel Journal in East Jerusalem; horse trainer in southern Portugal; and with Mother Teresa's Home for Abandoned Children in Delhi.She has studied, worked and traveled in Japan, Russia, Africa, India, Europe and the Middle East. Her recent publications involve issues facing Iraqi scientists and academics during the reconstruction of the state published by the Nuclear Threat Initiative, as well as articles advocating negotiation between Israel and Palestine for the Ma'an News Agency.

Lejla Mavris Global Majority Program Directors/President Lejla Mavris is a founding member of Global Majority. She was the executive director of Global Majority in 2006-2007 and currently is the Programs Director. Lejla received a Master’s degree in International Policy Studies and a Certificate in Conflict Resolution from the Monterey Institute of International Studies in California, with further training in conflict analysis through United States Institute of Peace. For over five years now, she teaches students and teachers of Monterey County and advocates for incorporating conflict resolution education to public school curriculums. She is also a trainer of international negotiation and mediation skills and has conducted such trainings in various cultural and regional settings in Costa Rica, Cyprus, Czech Republic, Jordan, Nepal, and the US. Previously, Lejla worked at the United Nations Refugee Agency's Evaluation and Policy Analysis Unit office in Geneva for the International Professional Service Semester, publishing her work on refugee smuggling and migration. Lejla is originally from Sarajevo, Bosnia.

Jan Knippers Black MIIS Professor in Human Rights and Latin American Politics

Jan Black’s areas of expertise include Latin America politics, human rights, and international development. She holds a PhD in International Studies and an MA in Latin American studies. Her international experience includes Senior Associate Membership at St. Antony’s College, Oxford University; Fulbright, Mellon and other grants and Fellowships in South America, the Caribbean, and India; on-site or short-term teaching and honorary faculty positions in several Latin American countries, and extensive overseas lecturing and research. She has also been a Peace Corps Volunteer in Chile and a faculty member with the University of Pittsburgh’s Semester-at-Sea Program. Jan was a research professor in the Division of Public Administration, University of New Mexico, and editor and research administrator in American University’s Foreign Area Studies Division. She has also served on some two-dozen international editorial and NGO boards.



Practicum Participants

Axel Allen MIIS- International Negotiation

Cory Belden MIIS-International Development

Craig Belden MIIS-International Trade Policy

Jason Digiacomo NPS-Foreign Area

Jennifer Billings MIIS-International Development

John Billings Private Contractor-Software Engineer

Marja Byekirova MIIS-International Development

Leah Cassidy MIIS-Human Rights

Otto Hanson MIIS-MBA: Development in L.A.

Nate Hughes MIIS-MBA

Lindsay Kreslake MIIS-Non-Proliferation

Jennie Konsella-Norene MIIS-International Development

Daryl Lambert MIIS-PCMI International Management

Josh Lease MIIS-Human Rights

Ashkin Merrikh MIIS-MBA

David Moorer MIIS-Human Security

Luniya Msuku MIIS-Conflict Resolution

Michelle Seivers MIIS- Human Rights

Joni Seeber MIIS-Environmental Protection

Robert Sousa MIIS-International Policy Studies

Rebecca Walters MIIS-Conflict Resolution



Books:

1. Angell, Alan. Democracy After Pinochet: Politics, Parties, and Elections in Chile. Washington, D.C.: Brookings Institution Press, 2007.

2. Black, Jan. The Politics of Human Rights Protection: Moving Intervention Upstream with Impact Assessment. Maryland: Rowman and Littlefield, Inc., 2008.

3. Black, Jan. Latin America: Its Problems and Its Promise. Boulder: Westview Press, 2005.

4. Burbach, Roger. The Pinochet Affair: State Terrorism and Global Justice. London: Zed Books, 2004.

5. Constable, Pamela, and Arturo Valenzuela. A Nation of Enemies: Chile Under Pinochet. New York: W.W. Norton, 1991.

6. Guzman Tapia, Juan. En el Borde del Mundo: Memorias del Juez que Proceso a Pinochet. Barcelona: Anagrama, 2005.

7. Kornbluh, Peter. The Pinochet File. New York: The New Press, 2003.

8. Wright, C. Thomas. State Terrorism in Latin America: Chile, Argentina, and International Human Rights. Boulder: Rowman and Littlefield, 2007.

Movies:

The Judge and The General Machuca El Diario de Agustín

Online Resources:

Mapuche Blog: http://comunicacionesmapuchejvfkenmapu.blogspot.com/

Mapuexpress Informativo Mapuche: http://www.mapuexpress.net/ Revolver Online Magazine. La Victoria, Santiago: Under a Rough Exterior, An Inspiring Neighborhood. http://www.revolver-magazine.com/travel/59-travel/267-la-victoria.html The San Francisco Examiner. Considering Human Rights in Foreign Policy: The Mapuche Community in Chile. http://www.examiner.com/x-5249-SF-Foreign-Policy-Examiner~y2009m3d17-Considering-human-rights-in-foreign-policy-the-Mapuche-community-in-Chile

Centro de Estudios de Derechos Humanos, Universidad Central.http://www.ucentral.cl/prontus_ucentral/site/artic/20081103/pags/20081103151200.html

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Recommended Readings and Resources


Documents

Transitional (In) Justice in Chile