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‘Transitional Injustice’

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2009

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Table of Contents

Human Rights and Chile’s Vulnerable Populations

About This Event

p. 1

About Global Majority

p. 2

About the Center for Human Rights

p. 3

January 5-20, 2009

About The Monterey Institute

p. 4

Santiago, Chile

Executive Summary

p. 5

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

About This Event 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

Global Majority and The Center for Human

well as to fully understand the current

Rights Studies facilitated a three-week

problems of discrimination and abuse that

course on Human Rights and Chile’s

the Mapuche face. The program was run by

Vulnerable Populations from January 5-20,

Hon. Juan Guzmán Tapia, director of

2009.

The seminar-practicum entitled

Universidad Central’s Center for Human

‘Transitional Injustice’ focused on Chile’s

Rights Studies, Dr. Jan Black, professor of

history of democracy and dictatorship,

International Policy Studies at the Monterey

human rights abuse and transitional justice,

Institute of International Studies; and

and had a particular focus on the role of the

Global

judicial system in terms of the protection of

students from The Monterey Institute of

rights of the most vulnerable populations.

International Studies attended the program.

Majority.

Twenty-one

graduate

It was designed to enlighten students on the situation of human rights in Chile as

Transitional Injustice, Chile 2009

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About Global Majority Global Majority is an international,

Furthermore, along with research

healthcare. Global Majority believes

nonprofit organization that

and analysis of current and past

that most societies around the world

promotes the non-violent

conflicts and resolution practices,

desire peace but too often lack a

resolution of conflict through

Global Majority is building an

voice in life-affecting decisions.

education, negotiation, mediation

alliance of organizations and global

Global Majority is cultivating a

and advocacy. The organization

citizens devoted to peace and

global network to pressure state and

believes that violent conflict is

alternative dispute resolution.

non-state actors to foster dialogue

antithetical to the sustained growth

Global Majority members share a

and avoid resorting to violence. The

and health of humanity, and

common commitment to organize

organization recognizes and

therefore all forms of informal and

and facilitate an international

emphasizes the universal human

formal dialogue to be essential and

movement promoting nonviolent

right of all people to realize their

preferred methods of conflict

conflict resolution.

fullest potential of human capacity

resolution. Thus Global Majority’s activities promote peace through dialogue. These include advocacy campaigns that embody its aim to give voice to the global majority; both local and international education and training through workshops and conferences.

Transitional Injustice, Chile 2009

Violence is too often the preferred

and develop cultures of peace.

option for resolving conflict; it is rooted in various circumstances, including political marginalization, poverty, racial and gender discrimination, environmental degradation, population displacement, and inadequate

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2009

About the Center for Human Rights 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

reflection, and debate of the actual

justice, and democratic transition

violations of human rights that exist

and has received several awards for

in these countries as well as around

his work. Patricia Albornoz

the world. The goal is to promote

Guzman is the co-director of the

human rights and leave a positive

center. As a lawyer, she has worked

impression on younger generations

on various projects and

regarding justice, equality, diversity,

investigations in conjunction with

and liberty. The center has been

many sectors of Central University

open for just over a year and they

as well as other public and private

look forward to contributing to both

national and international

national and international knowledge institutions. Her vast experience in of human rights.

condition. The purpose of the Center Juan Guzmán Tapia is the director of for Human Rights is to be an

the center and has impressive

academic reference in the

experience in the field of justice. He

investigation of Chile and Latin

has been internationally recognized

America in relation to the education, for his defense of human rights,

Transitional Injustice, Chile 2009

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.

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donec vitae leo.

About the Monterey Institute of International Studies The mission of the Monterey Institute of International

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

Studies, an affiliate of Middlebury College, is to develop

promoting international understanding through the

professionals who, through their knowledge, research,

study of language and culture. This belief of the

language proficiency, fine-tuned intercultural skills, and founders is still a guiding light for the Institute’s specialized expertise, are prepared to manage, lead, and educational philosophy. Over the years, the Institute inspire others to address today’s global challenges.

added new programs, and faculty, expanding its global reach and strengthening its educational mission.

The Institute offers graduate degrees in translation and interpretation, international policy studies,

The Monterey Institute is widely recognized as one of

international environmental policy, business

the most academically prestigious language and

administration, public administration and language

international policy studies schools in the country.

teaching. The Institute’s core values are based upon

The Institute’s graduates are prominent in the US

excellence achieved through continuous improvement

Foreign Service, in language teaching leadership, and

and innovation, a multicultural community with a

in the international business community. The

global reach, the belief that each person can make a

Monterey Institute of International Studies recently

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

partnered with Middlebury College of Vermont.

cultural skills are essential.

Middlebury, founded in 1800, is a leader in language education, international economics and

The Monterey Institute of International Studies was

environmental studies.

founded in 1955 by Gaspard Weiss, Remsen Bird, and Dwight Morrow Jr. Originally known as the Monterey

Transitional Injustice, Chile 2009

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“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)

Executive Summary By Jennie Konsella-Norene The 'Transitional Injustice' seminar-practicum was

opportunity to travel to various Mapuche

an incredible opportunity to directly explore the

communities to listen to concerns of community

struggles that the indigenous communities of Chile

members and to witness the impact of environmental

face. It emphasized the urgency in acknowledging

degradation, a lack of access to resources,

these struggles and pressuring the Chilean

contamination, and land deprivation. The practicum

government to recognize Mapuche rights. The

ended with reflections on the course, guest speakers,

practicum focused on Chile’s history of democracy

and special lectures from Judge Juan Guzmán Tapia

and dictatorship, human rights abuse and

and professor Jan Black. This newsletter aims to

transitional justice, and had a particular focus on the

capture the key ideas and spirit of the course and will

role of the judicial system in terms of the protection

be useful for students, activists, and organizations

of rights of the most vulnerable populations.

that strive to address the conflicts and struggles of the

Students began the course in Santiago where they

Mapuche communities in Chile.

learned about the history of Chile, the dictatorship, and the Mapuche culture. They then had the

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Stretch Marks of Chile’s Rebirth: Pushing the Parameters of Transition Jan Knippers Black Since serving in Chile in the early 1960s as a founding

torture centers, Villa Grimaldi, had been converted

generation peace Corps Volunteer, I had returned

into a memorial to its victims, and the Santiago

often, but the prospect of collaborating with my

Stadium, where beloved folksinger Victor died at

friend Juan Guzman, known now around the world as the judge who dared to prosecute General Pinochet,

the hands of his torturers, now bears Jara’s name. Strikes and demonstrations and cultural events

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

that would have been rare even two or three years

the prospect of sharing with Monterey Institute

earlier have been commonplace since 2005, and

students in January 2009 my own deep sense of

expressions and body language suggests that

appreciation for and kinship with all things Chilean.

people have begun finally to exhale.

Chile, moreover, is a most fruitful locale for learning

Nevertheless, the process that has come to be

about human rights and human wrongs – abuses and

known as democratic transition rarely extends

protections – not only because of the tyranny and

rights beyond the social categories who had

terror the population experienced between the

enjoyed them before the onset of authoritarianism.

Pinochetazo (military onslaught) in 1973 and the

That means that persecution comes to be re-

beginnings of democratic transition at the end of the 1980s, but also because this awful fate had befallen a

concentrated on the poor, who had always been vulnerable. In Chile, in particular, sociopolitical

country that until that time had been among the most

participation had been limited and tenuous for

nearly democratic and politically stable of Latin

slum and shanty-town dwellers, working and

America.

would-be working classes, and the indigenous even

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

Transitional Injustice, Chile 2009

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,

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and youth gangs. Meanwhile, Chile’s largest indigenous nation, the Mapuche, faces new claims

a larger world. Murals in Mapuche country, from

on and desecration of their lands by foreign lumber

Temuco south to the stunningly beautiful region of

and mining companies. New assaults on Mapuche

lakes and volcanoes, also tell of a heroic struggle,

rights and culture, responding to Mapuche attempts to protect their communities and

though reaching farther back in time to successful resistance against conquest first by Inca, then by

livelihoods, are now misrepresented and

Spanish, imperial forces. That spirit has been

intensified through reckless government use of

reinvigorated by the example of what can be

anti-terrorism legislation. The upshot, as

accomplished in Chile even by a single courageous

elaborated in the essays that follow, is a situation

and committed individual like Judge Juan Guzman, as

in which many indigenous communities are

well as by what indigenous peoples around the world

continuously surrounded by carabinero

can achieve when they pull together. Inspired

encampments, and residents feel that they are in

particularly by the UN declaration on the rights of the

virtual detention on what remains of their now

indigenous adopted by the General Assembly in 2007,

despoiled lands.

Mapuche leaders have launched a new program to educate their communities about the individual and

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

collective rights to which they are entitled under

excluded from the liberation of transition are

international law and to motivate them to explore

simply settling for victimization. Far from it. City

strategies for ensuring that those rights will be respected.

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

Through our collaborative seminar-practicum in

silent as the people who darted nervously past.

January 2009, Monterey Institute students had the

Now dazzle with triumphalist murals. La Victoria,

great privilege of participating in the launching, at the headquarters of the Consejo de Todas las Tierras

notwithstanding the carabineros on watch, has

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

become a stroll-through art museum, depicting in

de Autogobierno, or School for Self-Determination.

professionally-executed murals the recent history

Moreover, walking among the working people of

of a people who have suffered and have overcome.

Chile, whether urban or rural, with Judge Juan

And a locally generated broadcast and

Guzman (Pictured below with Professor Black), was

documentary production studio, Senal 3, is

in itself a rare privilege – rather like, one supposes, walking around India with Mahatma Gandhi.

reaching out to assist the Mapuche in communicating their plight and their aspirations to

Transitional Injustice, Chile 2009

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

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,

our fifth community, the leader of

and legally binding them to poverty.

Mininco stood and said, “Vean esta

Pinochet embezzled 500,000 of the

fábrica.” The bus stopped and we

750,000 acres the Mapuche owned in

stepped out. The CMPC Celulosa

the late 1970s, and though all

factory professing to “use the latest

subsequent Presidents have promised

proven production technologies

to restore it, land reform has been

that are environmentally sound and

anything but progressive. I visited

provide the ultimate level of safety”

Chile in January with a Student

stood before us. Strangely

Practicum to examine democratic

contradicting Celulosa’s claim, we

transitions and the impediments to

learned that this paper mill

Mapuche human rights. We traveled

contaminates the rivers that flow

with Judge Juan Guzman, the famed

directly to the 500-person

Pinochet prosecutor and one of the few community below-- causing child standing up for the Mapuche cause.

diarrhea, miscarriages, deformities

Contrary to the international praise

in animals, and rotting agriculture.

reports of Chilean democracy, the

As we took pictures, documenting

Mapuche are victims of state abuse.

the ugly character and awful smells,

Large transnational forestry industries a man appeared from the factory and paper mills surround

gates. He lifted a camera and to my

communities, while they face police

great surprise, began snapping

brutality and systematic terrorism

photos of us. I was struck. Why was

daily. As thirsty, non-native trees

he taking pictures of us? To report

deplete their already scarce natural

us? What kind of credibility does

water sources, they struggle to gain

Celulosa have? And why would he

legal rights as they are also often

think, for even a second, that he has

charged and imprisoned for crimes

more power than the human and

they did not commit. The question

environmental rights activists.

remains, why? As the bus bounced to

Transitional Injustice, Chile 2009

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Incredible still, while we were attempting to rattle

should consider protecting and keeping what we still

Celulosa for causing environmental and human harm,

have, rather than just apathetically marveling. The

the man was accusing us for disrupting capital flow.

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

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

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

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

Bu they are fading away. Though the West claims that

exports), we prevent true democracy and violate

human rights declarations, the International Criminal

human rights. We are those exterminating Mapuche

Court, and Official Development Assistance is enough—it

communities, and the market-economy is the culprit

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

yet again. Without global participative democracy, the

are choosing to protect the capital before the people.

market-economy is promoting a one-culture world.

While Chile receives $24 billion from industries in the

The Western model (Chile following) has given priority south, the Mapuche communities pray on their sacred to consumption. To Celulosa and other multinationals,

grounds, surrounded by burnt eucalyptus and vast

the human rights activists are a threat. The Mapuche

barren land without support from other Chileans or

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

international advocates. There must be a better way.

production and recapitulation of wealth is degraded,

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

including humanity itself. This fast-paced priority

while we still can. Stop naming every nation a romantic

capitalism is squashing numerous cultures and nations transition to public justice just because they have around the world. At a community meeting, I took a

instituted elections. Forget mentioning “democracy”

moment and watched these harmless people pass a cup when the state is not equally protecting every citizen, and of traditional drink. One by one, each Mapuche tipped it when transnational companies have more rights than to the ground before drinking. When I asked why, the

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

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

is nothing new- the failures of our economic model are

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

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

protect the people and the earth, while encouraging

environmentally exclusive global system. Let’s

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

remember the Mapuche, and pour one down for human

visit our Indigenous museums and green parks,

awareness, and active public participation. Before it’s

admiring the culture and tranquility, perhaps we

too late.

Transitional Injustice, Chile 2009

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Chile’s Mapuche: The Struggle for Justice

Picture by Michelle Seivers

Jennie Konsella-Norene The extensive human rights

defend the relationship they have

Mapuche. The right to land, which

abuses during the Pinochet

with the land. Since the return of

is usually protected under both

dictatorship in Chile are well

democracy in 1990, Chile has tried

international and national laws,

documented. While many efforts

to enjoy some of the characteristics

does not apply to indigenous

have been made to heal the

that usually come with a democratic

people in Chile. The International

wounds from this horrifying past,

government. Yet the shadow of

Labor Organization (ILO)

little has been mentioned

military rule often overpowers the

Convention 169 is a prime

concerning the abuses taking place

quality and true existence of

example, which states that

under the current democratic

democracy. As a result, Chile has

indigenous people have a right to

government. Chile is home to

continued to follow many of the

decide on their own development

more than one million indigenous

economic policies developed by the

projects and to have influence and

people and the Mapuche account

military in the 1970’s so the

decision-making power in

for almost 90% of this population.1

exploitation of natural resources is a

economic, social, and cultural

Mapuche means ‘people of the

current, accelerating problem. Chile

development that directly impacts

land’ in their native language and

has been under extreme pressure to

them. 3 Adopted in 1989, only 18

symbolizes the strong connection

develop quickly under a neo-liberal

countries have ratified the

and cultural identity they maintain

model, thus capitalistic values are

convention. The Chilean

with the earth. For centuries the

given priority before environmental

government recently ratified it, yet

Mapuche resisted Spanish

and human rights issues. 2 The lack

little progress has been made to

conquest and imposed culture; a

of attention placed on

protect the rights of indigenous

long history that represents a

environmental and human rights

peoples and to enforce the

continuous and current attempt to

issues is especially impacting the

fulfillment of the convention.

Transitional Injustice, Chile 2009

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Although the exploitation and

under these laws that grant the

system where those who have

abuse of the Mapuche began long

government the right to hold

violated the rights of the indigenous

before the military dictatorship,

prisoners for months without trial,

people have an almost perfect

the Mapuche continue to be

to withhold evidence from defense

record of impunity. The current

victims of Pinochet even after his

attorneys, and to permit the

situation of the Mapuche is an

death. The 1978 Amnesty Law

testimony of unknown witnesses.

extreme case of human rights

enforced by Pinochet exempting

Various human rights organizations

violations. Under the supposed

the military and armed forces

have criticized Chile for their anti-

democracy that Chile holds, the

from prosecution for human

terrorism legislation, as it is

government should be morally and

rights violations committed

inapplicable for punishing crimes

legally responsible to protect the

during the dictatorship is still

that might be illegal but that are not

rights of its citizens from those who

being applied. 4 For this reason,

acts of terrorism. Under the anti-

would violate even the most basic

the Chilean justice system has

terrorism accusations, the Chilean

rights. The Chilean government as

also been damaging to the

government is essentially denying

well as the international community

Mapuche people. The misuses of

the Mapuche of their right to justice.

must commit the time and resources

anti-terrorism laws are used

Instead of holding fair trials, the

necessary to eradicate these issues

against the Mapuche anad cause

Mapuche who are accused of crimes

and recognize the indigenous

unjust arrests and violence. Many

are tried in military courts where

community as not only citizens but

Mapuche have been arrested

they have little hope against a

as human beings.

- sodales.

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’

Transitional Injustice, Chile 2009

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Mapuche: In the Search for Truth and Justice Leah Cassidy Nations often re-tell their glorious pasts. Conquests

major element of the population. Avelino Meñaco,

are commemorated and written down in history books

the lonco of Communidad Pascual Coña was 17 years

for prosperity purposes. This history contributes in

old when Pinochet came to power. The hope for

part to feelings of national identity and holds

democracy brought an expectation of freedom for

particular relevance to citizens. More relevant but

the Mapuche. When democracy was restored, in

under-reported, is the history that has been omitted

Meñaco’s experience he felt that, “Everything

by those in power. Gross violations of human rights

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

including genocide, torture, rape, disappearances,

democracy in Chile, a sentiment often echoed by

murder, false imprisonment, detention, cruel and

many Mapuche.1 “Full participation in a democratic

inhuman treatment and punishment are part of this

society can only occur if the issue of accountability is

world’s un-glorious past. These international crimes

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

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

of all parties scarred by history are answered.

nations. Political and military repression, corruption,

Unwittingly or not, the government, employing

economic discrimination and other forms of

discriminatory tactics has created two parallel states

misgovernment are common forms of abuse. In fact

sharing an uneasy space, the Chilean state and the

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

Mapuche state. The rights of Mapuche continue to be

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

exploited through police repression, invasive

the name of national security, human rights, including

infrastructure projects and government approval of

the rights to truth and justice have been abandoned

environmentally harmful forestry, mining and

and atrocities justified. Chile continues to struggle

industrial projects. Criminalization of Mapuche by

with demands for truth and justice for the many

both the political and legal systems, supported by

murdered, tortured and ‘disappeared’ during the 17

the strength of the Carabineros, persists. It is little

years of the Pinochet dictatorship. Difficulties are

wonder the Mapuche are so disaffected with Chile.

apparent in this country trying to come to terms with

The most fundamental right of the Mapuche is to

Chilean hurts and attempting to heal Chilean wounds.

maintain their own specific cultural identity tied to

However the progress made by mainstream Chilean

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

society in the transitional justice process and the

also is the “media of cultural and spiritual integrity

transition to democracy has left out the Mapuche, a

for the entire community.”1

Transitional Injustice, Chile 2009

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donec vitae leo.

Picture above taken by Marja Byekirova

A lack of validation and invitation to participate fully in

lawmakers and policy makers in the government

the Chilean democracy further disengages the Mapuche

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

from Chile. The unwillingness on the part of the Chilean

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

government to seriously acknowledge the suffering and

and enacting justice according to the rule of law, would

make reparations for the injustice experienced is a sign

raise the credibility of Chile and strengthen its

that Chile has yet to fully transition to democracy.

legitimacy in the international sphere. Reconciliation

Meanwhile, the Mapuche are the subject of political

cannot be possible if denial and impunity is

rhetoric and presidential protocols. The Mapuche

institutionalized within the governing authority.

display in the underground museum, Centro Cultural

Hopefully Chile will rewrite history and use this

under La Moneda is a startling metaphor for the

experience to search for the truth and bring justice to

Mapuche struggle, hidden away from ‘normal society,’

the hidden and the voiceless.

exploited for Chile’s benefit and distanced from the

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.

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

Chile’s transition to democracy, after the bloody

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

seventeen-year dictatorship under Augusto Pinochet, has

has fought to legitimize its actions, through the use of

produced a thriving national economy with heavy

anti-terrorism language and legislation and through

international investment, high wages, a strong national

economic and social policies, which are designed to

infrastructure and a sense of national reconciliation.

legitimize the treatment of and to discredit the Mapuche.

However, with a transition to democracy comes

The Mapuche have fought to bring legitimacy to their

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

land claims through social protest and community

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

organization. During the visits conducted in a variety of

respect for authority must be based on its legitimacy, and

Mapuche communities by a group of students from the

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

Monterey Institute of International Studies (MIIS) in

government’s legitimacy is always open to question

January 2009, it became apparent that the Mapuche

because “legitimacy is the belief that in spite of

continue their historical role as outcasts. To the

shortcomings and failures, the existing political

Mapuche the Chileans are huinca and the Chileans still

institutions are better than any others that might be

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

established, and that they therefore can demand

adapt to Chilean culture. However, the Mapuche are now

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

also considered to be terrorists and because of the

government is legitimate is to assert approval for it and

government’s use of anti-terrorism language and

thus respect for its authority.3 Therefore the fight for

application of the Terrorism Act prejudices against the

legitimacy as discussed here is a fight for approval on both

Mapuche continue to be reinforced and their grievances

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

delegitimized in Chilean popular opinion. There is fault

Chile the indigenous population, the majority of which are

on either side, despite their mostly legal demonstrations

Mapuche, have suffered because of the government’s

and protests some Mapuche have resorted to violence

development policies, and “while the living standards of

and illegal means, however the move into illegality has

the rest of the country continue to improve, Mapuche in

been more out of desperation to be heard by their

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

country rather than a desire to provoke the government.

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

If the government desires the Mapuche to act completely

political disaccord between the Mapuche and the Chilean

within the law it must take steps to normalize normalize

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relations with the Mapuche. The first should be to

governments to consider human rights in policy making

stop trying Mapuche under the Terrorism Act and

as it concerns Chile because “states not only care about

“the government should publicly recognize that

their material well-being, but also about their

despite the criminal nature of some Mapuche actions,

legitimacy (that is, their normative standing) among

many of their protest actions are lawful and in

both domestic society and foreign states. As a result,

response to legitimate social demands.”5 The

vigorous efforts to shame noncompliant states can

Mapuche on the other hand could continue to fight

produce important changes in the targeted state even

for their rights and work to organize their

in the absence of overwhelming economic sanctions or

communities within the law, as in the case of the

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

Consejo de todas las tierras in Temuco and the newly

from the days of mass human rights violations but if it

formed Escuela Autogobierno Mapuche (Mapuche

hopes to “to maintain and legitimize its democratic

Self-governance School). To diffuse their message

credentials the state must not only cease to violate but

abroad the Mapuche should invite more international

also begin to create the necessary conditions so that the

groups to their communities such as the students

basic human rights of all members of society are

from MIIS, Amnesty International and Human Rights

safeguarded.”8 The Mapuche are an integral part of

Watch because “most governments respond to

Chilean history, culture and society and there is nothing

human rights pressures because they care about their

to say that both the state and the Mapuche could not

legitimacy in both the domestic and international

find legitimacy if the right steps are taken

arenas.”6 Foreign groups need to publish what the

collaboratively.

Chilean media refuses to publish and pressure other 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.

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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.

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Drawings by Lonko Juana Calfunao ‘Defending lands, defending rights, defending women’

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‘Rooted in the land, the Mapuche live

to defend nature’

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The Dynamics of Development Jennifer Billings

interested in the benefits of a particular business model.

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

Mapuche groups did not intentionally join this business

impoverished, development semantically and

these groups, to protect the environment, is an incognizant

model, but from my observations, the modus operandi of

practically hinders and helps millions. The definition of advancement of Mapuche social rights within an economic, development, though static has proved malleable in

social, political system that is inherently business

practice: a discovery noted from extricable pockets of

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

development projects that become floor scraps before

does not encroach on Mapuche identity, and it allows them

their dollars can make sense. Contemporary

an appropriate medium to fight for their rights as a people

development organizations, programs, goals and

group. In other words, the Mapuche can now operate

metrics follow a neoliberal structure with a twist of

within a neoliberal system without losing their identity

grace. The incorporation of the business sector into

(Mapuche individuals do not have to become lawyers or

development efforts yields innovative results. People

businessmen/ women to resolve inter-cultural issues and

groups typically targeted, as recipients of development obtain human rights). 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)

Transitional Injustice, Chile 2009

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.

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Picture above taken by Dave Moorer

Meeting the Mapuche on Their Land Student Reflection by Dave Moorer We have already been in Chile for

have been victims of marginalization

Mapuche nation. The word

over a week and we are having an

and severe discrimination for over

Mapuche originated centuries ago.

amazing experience. Over the past

500 years. Though this discrimination Che means people and Mapu

few days we have been traveling

remains, they successfully fought back means the land, thus the Mapuche

around to various communities but

both the Incas and the Conquistadors

are literally "the people of the

we are back in Temuco now for a

and in some manner, the economic

land." We first arrived at

couple of nights. We just attended a

policies of the past few decades. It

Lonquimay where the Mapuche in

Mapuche community meeting of the

goes without saying that they have a

this area are known as Pewenche.

at the Consejo de Todas las Tierras

history of being fierce and formidable

We met the lonko (leader) who is

where Judge Juan GuzmĂĄn spoke

warriors. We have thus far visited five

a very grounded and humble

passionately about the need for self-

local Mapuche communities

leader yet has an obvious vision

determination of the Mapuche

throughout the Araucania region in

for autonomy for both his local

people. While the Mapuche have

Southern Chile. All of them appear to

community and the larger

inhabited the area in Chile and

have their own characteristics, though Mapuche population.

Argentina for over 10,000 years, they all fit under the umbrella of the

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They have a very strong connection to

with impunity and any cases brought contamination by paying off some of

the Kuñe (mother earth) and to the

against them are found to be in favor the locals with huge monetary

forces of nature. In the Mapuche flag,

of the police. Another community,

settlements, pitting them against

there is a circle with four elements of

Mininco, has had their water

their neighbors who are receiving

the universe: stars, moon, sun and

reservoir contaminated by a nearby

no offer of reparations. On a lighter

wind. They are very proud people and

factory called Celulosa that makes

note, we entertained the community

have welcomed us all with open arms

paper and other products. Over the

in Mininco with a group

and much generosity. One of the

last three years many of their cows

performance of "I Will Survive,"

women gave a large jar of honey to a

have been born with birth defects or which seemed very appropriate for

member of our group, and we have

born prematurely. At least three of

the event. We were also serenaded

consistently enjoyed it over breakfast

the children have had serious

by some of the lovely young women

and dinner. While we are learning

problems with diarrhea since

and their male guitarist who sang a

about the Mapuche way of life and

drinking the contaminated water.

couple of beautiful tunes with

building relationships, Judge Guzmán

The government agency monitoring

personal religious meanings. We

has been meeting with various

and regulating these environmental

stayed the night in Mininco and set

Mapuche communities and has

concerns seems to favor the

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

defended them against many different

corporations, thus leaving little room Lieu, 80km down the roughest road

charges. From what we understand,

for recourse. Given these grave

in Chile. After two site visits, one in

most if not all of these charges have

concerns, Judge Guzmán has been

Pascual Koña and the other in

been made up charges by the

searching for possible legal actions

Choque, we returned to a crystal

Caribiñeros (national police). We

to make reparations for the damages clear lake that called each of our

interviewed a man who had lost his

caused by the pollution. It sounds

names. It was a perfect location

right eye from being shot by the

just like Monsanto all over again.

surrounded by beautiful and

Carabiñeros about two years ago. He

The corporations that are based in

grandiose forests, despite obvious

said there was no trial or much due

Chile operate with impunity, and

signs of deforestation. So far we

process involved regarding his case.

would rather spend money to get

have experienced an amazing

Unfortunately, the Caribiñeros operate

around addressing the solution of

adventure in Chile!

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Photographs by Dave Moorer

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A Lasting Impression

with the companies that now use their land. It

John Billings

seems that Chileans, for the most part, do not view the Mapuche favorably. Our group met many

My original assumptions were turned upside down when I went to Chile. In Chile, I witnessed the

Chileans with racist tendencies who have little respect for the Mapuche. The Mapuche are often

difference between theory and practice, and I also

labeled negatively and those Mapuche leaders

observed a culture very different from my own. The

who stand for their rights are often mistreated. I

heritage of the Mapuche is quite different in the

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

sense that the community is highly valued. An

that the Mapuche people must struggle and work

individual represents his community, and the community advances or retreats together.

to gain ground. If the Mapuche are seen as fellow

Furthermore there is a deep connection to their

men and women, whose passions and desires are seen as equally important to those of other

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

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

people raised with Western ideals, can understand.

Mapuche will live with peace and respect on their

Outsiders from across the world, who view the

land.

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.

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

Sadly, it was the government that first invited these

disrespect, and the conventional lack of care and

companies to buy the land owned by the Mapuche. If

understanding. It is hopeful that a gained respect

the government does not change its policy toward

for the Mapuche will transform their former

these indigenous groups, these ancestral misunderstandings will cause continual land

enemies into loving allies, from winka to pene. It is, after all, through respect and love that our

conflict. The Mapuche realize this; they know

group, all winka, were welcomed as pene by every

overarching war involves obtaining respect from

wonderful Mapuche community that we visited.

the Chilean population, while their daily battles are

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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

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.

rights movement perpetuate itself during

These human rights interventions adapted to the

dictatorship and military occupation?

amount of political-social space the regime allowed -

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

Transitional Injustice, Chile 2009

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

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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 multilevel, 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

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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

Transitional Injustice, Chile 2009

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

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”

Wednesday January 14, 2009 • Visit to La Escuela para el Autogobierno in Temuco • Accommodation in Temuco

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Practicum Coordinators Cameron Hunter

Lejla Mavris

Jan Knippers Black

Global Majority Executive Director/Board of Directors

Global Majority Program Directors/President

MIIS Professor in Human Rights and Latin American Politics

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 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.

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.

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Practicum Participants Axel Allen MIIS- International Negotiation

Cory Belden

Jennie Konsella-Norene

MIIS-International Development

MIIS-International Development

Craig Belden

Daryl Lambert

MIIS-International Trade Policy

MIIS-PCMI International Management

Jason Digiacomo

Josh Lease

NPS-Foreign Area

MIIS-Human Rights

Jennifer Billings

Ashkin Merrikh

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

Transitional Injustice, Chile 2009

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

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Lorem ipsum dolor sit amet, consectetuer adipiscing elit.

Recommended Readings and Resources Books:

Movies:

1. Angell, Alan. Democracy After Pinochet: Politics, Parties, The Judge and The General Machuca and Elections in Chile. Washington, D.C.: Brookings El Diario de AgustĂ­n 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.

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/59travel/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-PolicyExaminer~y2009m3d17-Considering-human-rights-inforeign-policy-the-Mapuche-community-in-Chile

7. Kornbluh, Peter. The Pinochet File. New York: The New Press, 2003. Centro de Estudios de Derechos Humanos, Universidad Central.http://www.ucentral.cl/prontus_ucentral/site/ 8. Wright, C. Thomas. State Terrorism in Latin America: artic/20081103/pags/20081103151200.html Chile, Argentina, and International Human Rights. Boulder: Rowman and Littlefield, 2007.

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Transitional (In) Justice in Chile