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dam-l Letter from Pehuenches to Human Right Commission



This letter was presented to the President of Chile's Human Rights
Commission by the Pehuenche's opposed to the Ralco Dam Project on the
Biobío River in Chile.

Alto Biobío, August 22, 1998

Mr. Sergio Ojeda
Human Rights President
House of Representatives

On our behalf:

Receive our respectful greetings from the Mapuche-Pehuenche families from
the communities of Quepuca Ralco and Ralco Lepoy, we who oppose the
construction of Endesa's Ralco Hydroelectric Project. Our objective is to
bring to your attention the unjust situation incurred by the transnational
company Endesa, of which for years we have fallen victim.

Mr. President of the Human Rights Commission, we the Mapuche-Pehuenche are
the heirs of the lands which we occupy in this area called alto Biobío.
>From time immemorial we have inherited medicinal and philosophical
knowledge, threatened today, and at risk of being torn apart due to the
Chilean government's ambition and politics of free trade, implemented
according to the political and economic interests of transnationals and in
detriment of the Mapuche-Pehuenche ancestral rights.

We, the Mapuche-Pehuenche are the keepers of knowledge about Itrofil Mongen
(biodiversity), which allows the preservation of ecosystems, and which is
the source of ideological and cultural inspiration for us, because in it,
we perceive the natural events and its connection with being Mapuche, and
our place of origin, called Tuwan in our language.

In our ancestral Mapuche-Pehuenche lands abundant biodiversity is  found.
This is an essential element for the life of the Mapuche-Pehuenche,
Chileans, and for all of humanity, and for those of us who live in Mapuche
territory, which is today being invaded by multinational companies acting
under the protection of the government in turn, and whose purpose is to
take our remaining lands.

The consequences of the institutional and military imposition of the
Chilean national state upon our culture and lands, have been the gradual
reduction, usurpation, plundering and exploitation of our lands and
territory, which are the basic pillars for the development, support and
future of our Mapuche-Pehuenche ancestral memories.

It is in this manner Mr. President, that since we first learned about
Endesa's megaproject, planned to be built in our lands, we took some
measures to collect information which has been kept secret from us by state
agencies, agencies which today, appear to be very concerned about the
conflict we have with Endesa.

Mr. Ojeda, we are very concerned about the position adopted by President
Frei's government, which on several occasions has shown their support for
the construction of the Ralco Hydroelectric Project, and other
megaprojects, which will affect the cultural essence of our Mapuche people,
and in particular the Pehuenche. This situation has provoked an immediate
reaction from our families as our main wish and objective is to guarantee
the life of present and future generations.

It is with this purpose in mind, that we bring to your attention the
imposition that Endesa's megaproject and others - the Bypass to Temuco, and
the coastal road project - which are being planned in our Mapuche
territory, and which are attempts to bury the development and projection of
our culture. Besides, these megaprojects lack legitimacy and previous
approval and knowledge of the Mapuche-Pehuenche communities, which seals an
act of injustice, offence and outrage to the rights of the
Mapuche-Pehuenches.

Mr. President, the process used by Endesa with our brothers and their
families - trying to set agreements on an individual basis - is the same
process used by Spaniards when they invaded our lands, and which since the
beginning of the last century has been used by the Chilean state against
our people. It is clear that the state continues to be permeated by a
colonial character expressed in the political and juridical systems and
forms of organization, which have tried to define our historical validity
as a people. The mechanisms and legal sophistries used by Endesa have been
nothing else but the reflection of the colonialist practice,
institutionally imposed on our Mapuche communities. The process generated
by Endesa constitutes a new falseness in terms of the legal and juridical
process and acts to put a seal of approval of the colonialist bias, which
in reality is a violation of the individual and collective rights of our
families.

According to the norms of the International Rights and Legislation for the
Protection of Indigenous People's Rights, such as article 169 of the OIT,
the American Declaration on the Rights of Indigenous Peoples, and other
international agreements, this constitutes a violation to the Human Rights
of the Mapuche Indigenous Peoples.

Mr. President, in spite of this situation, we have observed a move forward
in relation to the handling of Indigenous peoples rights by the state of
Chile, as in the 19.253 Indigenous Law. Nonetheless, this has not been
sufficient to guarantee the control of our lands, territories and natural
resources which have not been protected and guaranteed as part of the
fundamental rights of the Mapuche-Pehuenche communities.

Mr. President, your position from this moment on will no doubt contribute
towards a change in mentality of those which hold the power; and in helping
us Mapuche-Pehuenche in our longing for justice - as none of us has
renounced the ancestral legitimate rights that we have over our lands,
which we defend. This is not something we have created or invented;
humanity will be a witness of what you can resolve as a representative of
this state, which today, once again, has not been willing to assume the
historical debt which the State still has with our Mapuche people.

The Mapuche-Pehuenche families have hopes that there will be justice, which
no doubt will contribute to establish new and better relations with the
State and the Mapuche people, based on respect and the acknowledgement of
our Mapuche human rights to which we are entitled as a people.

With all said, the Mapuche-Pehuenche families come to you to demand and
invite you to assume a different position:

1. We request that through your intervention and in your position as
President of the Human Rights Commission of the Honorable House of
Representatives, you will become the voice for the unjust situation to
which the Mapuche-Pehuenche families have been an object. This is a way of
sensitizing those reluctant sectors, that do not want to acknowledge that
we are a people.

2.  Due to the urgency and characteristics which have marked this conflict,
we ask that a report be made and delivered to the central government, and
to the High House of Representatives of the National Parliament. We demand
that this report be sanctioned by those of us who are against the
construction of the Ralco Project by Endesa. This report should be
concluded in a period of  not more of 5 days from the date of this letter.

3.  We request of you, according to the powers that adhere to you, that a
special session of the House of Representatives is organized, in which the
Mapuche-Pehuenche become the speakers for a situation that affects us all,
as a result of the imposition of the Ralco Hydroelectric Project.

4. He ask that the Human Rights Commission joins in the request made by the
Commission of Natural Resources and the Environment delivered to the UN
Human Rights Commissioner, which establishes the violation of our human
rights by Endesa, the government and state institutions.

5.  We request from you, in your position as President of the Commission,
to be part of a Round Table with the purpose of discussing this conflict,
according to the needs of this situation. This request is placed by us, and
we shall speak of  it at the right moment.

Finally, we reiterate our firm and taken position that this megaproject
will not materialize, and we trust that the Human Rights Commission will
assume responsibility and disclose information about this situation which
no doubt, will contribute to the withdraw of Endesa's Ralco Project from
our ancestral lands.

Sincerely,

José Antolin Curriao P., Lonko

Nicolasa Quintreman C., Werken

Aurelia Marihuan M., Werken

Hilda Riquelme H., Werken

Pascual Levi C., Werken

Jeannette Levi C., Werken

José Nain P.
Agustin Correa N.
Rogelio Nahuel LL.
Berta Quintreman

(This document was translated from Spanish to English by Monti Aguirre at
International Rivers Network.)

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Aleta Brown
Campaign Associate
International Rivers Network
1847 Berkeley Way
Berkeley, CA 94703 USA
Phone: 1.510.848.1155
Fax: 1.510.848.1008
email: aleta@irn.org
http://www.irn.org