PEHUENCHES, MAPUCHE AND AYMARAS ORGANIZATIONS IN CHILE
DEMAND THE RESPECT AND COMPLIANCE OF THE INDIGENOUS LAW.

President of the Republic of Chile Ricardo Lagos Escobar

The families of the Alto Bio Bio, communities of Quepuca Ralco and Ralco Lepoy, headed by Berta and Nicolasa Quintreman in conjunction with Lonko Antolin Curriao, and with the support of Mapuche organizations and other signatories, demand that you address the case of Territorial Conflict between our Pehuenche communities and the ENDESA-España Company that is currently taking place at the Ralco Bio Bio sector, a region where our ancestral lands are located.

Mister President:

As you must know, on March 10, the State Controllership authorized the last two concessions [on Ralco exploitation and Mapuche land expropriation] to ENDESA-España that will result in the construction of their hydroelectric project.

With this action, the State proceeded to violate and disregard the Indigenous Law No. 19.253 and its subsequent articles:

Art. 1 Clause 1: "The State recognizes that the indigenous communities of Chile are the descendents of the human communities that have existed within the boundaries of the national territory since pre-Colombian times. These communities conserve their own ethnic and cultural traditions which for them stem for their Land, which is the principal foundation of their existence and culture."

And:

Art. N' 13: " The lands that the preceding article refers to, are named as a national interest that will enjoy the protection of this Law and cannot be annexed, seized, assessed nor purchased by prescription save between indigenous communities or individuals of the same ethnicity."

In addition, this decision clears the way to the expropriation of our lands that will result in the suffering of our integrity and families, since the Electricity Law imposes a not well named "servitude of flodding".

We think Mr. President that these facts that we are presenting to you contradict the good will manifested by you when you belonged to the Directive Counsel of CONAMA [National Environmental Committee]. During the discussion of Environmental certification of this project, a clear distinction of the faculties provided by the Environmental Law and those of the Indigenous Law regarding the land rights as established by judicial norms was made:

"From this perspective, it must be clear that the environmental authorization and the authorization of land permitation are clearly differentiated and independent of one other. The approval of the environmental law and, within this law, of the general guidelines of the relocation process are necessary conditions, but in no case sufficient for the realization of the project."

Regarding the permutation of lands, this requires the approval of CONADI, as the only competent body, and obviously the specific authorization of each one of the affected families. The aforementioned resolution of the Directive Council of CONAMA, which you integrated, concludes, " ENDESA will fully comply with all the requirements and demands that it (the resolution) has established." (Resolution N' 23-97). We however, do not feel that this is the case since our families have not granted the permutation of our lands due to the fact that they are sacred places and the land where we live.

Mr. President, we stand before you. In these days in which you have expressed a desire to establish "A new relationship" with the Indigenous communities of the country, we consider that this will only be possible if you address the Pending Historical Debt and stop the violations of which we are victims and equally the violation of the laws established to protect us.

We demand that our rights be restored and that the existing debt be partly liquidated, thus making judicial history. We demand the annulment of the ordinances of the General Controller of the Republic and at the same time publicize an Explanatory Decree which would clarify what is and isn not indigenous land.

We firmly believe that your direct intervention in this matter will contribute to the strengthening of the basic principle of a new treatment of our community and its different territorial identities.

Therefore, according to what has been addressed, we request your response to our concerns, which would result in an end to this era of confrontation. We feel very certain your response will be a positive one and support us.

Sincerely,

Nicolasa Quintreman;
Antolin Curriao;
Berta Quintreman;
Families of the Alto Bio Bio;

Mapuche Organizations:
- Asociacion Comunal Mapuche Nancucheo
- Identidad territorial Lafquenche of Arnueo
- Consejo Huilliche de Chiloe
- Identidad territorial Wenteche
- Corporacion de Mujeres Aukinko Zomo
- Sociedad Mapuche Lonko Kilapan

Aymaras Organizations:
- Consejo Nacional Aymara
- Comision Aymara defensa del Medio Ambiente

Santiago, March 24, 2000.