Mapuche Williche Communities Claim Constitutional Violations in Proposed Changes to Lafkenche Law: Legal Action Possible

Original article: Comunidades Mapuche Williche acusan que modificación de la Ley Lafkenche es inconstitucional: No descartan acudir al TC Mapuche Williche Communities Claim Constitutional Violations in Proposed Changes to Lafkenche Law: Legal Action Possible In a public statement, the Mapuche Williche communities from the Los Ríos and Los Lagos regions (Büta Willi Mapu) declared the potential amendment or repeal of the Lafkenche Law, announced by President José A. Kast weeks ago, as unconstitutional. According to the communities, a commission of their ancestral leaders «will soon travel to Congress to speak with various parliamentarians, aiming to explore further legal avenues if the modification is approved.

» They added, «Specifically, we plan to bring it before the Constitutional Court so we can exhaust all options to defend our fundamental rights as ancestral peoples. » The communities convened on April 25 and 26 in Weketrumao, Quellón (Chiloé), where they not only addressed the implications of the Lafkenche Law but also examined concerns regarding the Biofuels Law, which they deemed unconstitutional. For the Mapuche Williche inhabitants of Büta Willi Mapu, both the amendment of the Lafkenche Law and the enactment of the Biofuels Law violate the Constitution since «according to Article 5, paragraph two of the Chilean Political Constitution, respective indigenous consultations should have been carried out, which were not conducted in either case.

» Regarding the Biofuels Law, they expressed concern about its application in Chiloé Island, recalling the recent events in Púlpito, Chonchi, where members of the community faced arrests, eviction, and violations of human rights while accused of timber theft (see news here). «We are certain, based on the information gathered, that this marks the entry point for repression and persecution in southern Chiloé territory, considering that many residents rely on firewood and agricultural work,» the communities’ statement highlighted, also emphasizing that these practices involve «customary uses and ancestral lands. » «This situation disrupts the circular economy, as in this area, not only do the communities rely on or use firewood, but society as a whole does, affecting both sellers and buyers.

It’s noteworthy that external economic interests from landowners and forestry entrepreneurs are at stake,» the community members declared. «Thus,» the statement continues, «the State seeks to eradicate communities from their lands, which it considers ‘state-owned’ to sell those territories. It’s crucial to clarify that according to the Tapihue Treaty of January 7, 1825, south of Biobío, there are no state-owned lands, and in the Province of Chiloé, the implementation of the Tantauco Treaty of January 19, 1826, obligates the Chilean State to respect and recognize the lands of our ancestors, supported by royal titles.

» «Yanaconas» Finally, the Mapuche Williche communities denounced the existence of «self-proclaimed yanacona authorities in the territory, who, instead of defending the rights of indigenous peoples, are infringing upon those rights, defending corporate interests. » In their declaration, they specified these individuals by name: «Juan Guaquin Soto, who directly defends the interests of salmon farming and is funded by this industry, supported by politicians from various parties like Fidel Espinoza, Mauro González, Iván Moreira, among others. » Additionally, they pointed out «Oriana Oyarzún Teca, who has made serious and unfounded accusations against people in the region, advised by the General Council of Caciques of Chiloé and her lawyer, Ana María Olivera, anthropologist Manuel Muñoz Millalonco, and journalist Manuel Rauque Guenteo.

» «It’s important to highlight that these individuals do not represent us, so we categorically reject and disown any actions they take on behalf of our Mapuche Williche communities of Büta Willi Mapu,» the statement concluded. We will continue to provide updates.