From: aleta@irn.org (Aleta Brown) 

Sender: owner-irn-biobio@igc.org 

Subject: Biobío Update #9 

To: irn-biobio@igc.org 

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BIOBIO UPDATE, # 9, Volume 2, English Version June, 1998 

(If interested in obtaining this update in Spanish, please contact Aleta Brown at aleta@#irn.org . 

Summary: 

-ENDESA CONTINUES MAJOR CONSTRUCTION OF RALCO DAM 

-STUDENTS DEMONSTRATE IN SUPPORT OF PEHUENCHE 

-INTERNATIONAL REPORTS DENOUNCE HUMAN RIGHTS VIOLATIONS IN UPPER BIOBIO 

-WORLD BANK PRESIDENT ADMITS ERRORS In The BIOBIO And PROMISES JUSTICE 

- PEHUENCHE MEETS WITH HILLARY 

-PEHUENCHE PLAN MOVES FORWARD FOR AREA DEVELOPMENT 

ENDESA CONTINUES MAJOR CONSTRUCTION IN RALCO Upper Biobio, Santiago, June 20th.- Without the necessary authorizations on behalf of the public services and the Pehuenche, Endesa has begun major construction of the projected central Ralco and announced recently through the press (June 17th)- that the project will continue ahead and that by the year 2001 the problem of the land exchanges with the 98 Pehuenche families to be resettled would be resolved in order to implement the second, and bigger, central hydroelectric on the Upper Biobio. The company also announced that early next year major works for the power station would begin. 

On the other hand, on Thursday June 18th, 3 parliamentarians concurred with the lawsuit at the Sixth Civil Court in Santiago, in order to be made part of the Action to Nullify the Environmental Impact Assessment presented in June of 1997 on the part of three Pehuenche women against the CONAMA and ENDESA. These Parliamentarians were: Alejandro Navarro (Socialist Party), Guido Guirrardi (Party for the Democracy) and Mario Acuña (Christian Democratic Party). The following day the deputies, lawyers and environmentalists spoke to the press and reiterated that ENDESA already had begun with the definitive works of the power station, in spite of not having resolved the legal actions brought, and that nine Pehuenche families have refused to negotiate with ENDESA, which renders the project non-viable. 

During the press conference a recording of ENDESA's declarations to the radio was played. This showed how the company tried to impede the visit of a delegation of parliamentarians, journalists and lawyers to the Upper Biobio. In fact this delegation succeeded and last May gathered at the site. 

The delegation checked that major works had begun in Pehuenches' lands without the free consent of the affected neither the authorization of the CONADI. The company points out that they have a contract to rent the land for 5 years and the authorization of CONAMA. However, Juan Quipaiñan, the Pehuenche owner of the land where ENDESA seeks to build the wall of the Ralco dam, expressed in writing, some time ago, that he was sorry for the agreements with ENDESA. It has been known from "off the record" sources and from a report sent to the Chamber of Deputies that many of the Pehuenche who agreed to land exchanges did it ignoring their right to remain in their land or, in the better of cases, without truly understanding the terms of the negotiations. 

It is important to point out that most of the mature population of the Upper Biobio doesn't know neither how to read nor how to write and that their main language is the Mapudungun and not Spanish. On the other hand, the permission from CONAMA doesn't mean that the company doesn't have to obtain other permits, such like those from CONADI and the definitive licences for the power station. This process is not over yet. To stop ENDESA's illegal works, some days ago a petition for a precautionary injunction measure was filed at the mentioned Court in order to stop the present works. The Court's ruling should come out in the near future. 

STUDENTS DEMONSTRATE IN SUPPORT OF PEHUENCHE Concepción, May 30th.-. 

Students of Concepción, Santiago, Los Angeles and Chillan met at the University of Concepción with the purpose of planning activities in support of the Pehuenche communities threatened by the construction of Ralco. the students resolved to mobilize actively during the following months, not only in the cities but also in Upper Biobio. Students also carried out a spontaneous demonstration during the extraordinary meeting of the Socialist Party that took place that same day in the southern campus. 

During the demonstration, explanations to leaders and deputies were requested. As a result of this some of the latter committed to visit the area. For the weekend of the 27 to June 29 students have planned a group visit to the Upper Biobio, with the purpose of fencing lands and providing housing in order to maintain a permanent presence in the area. 

INTERNATIONAL REPORTS DENOUNCE HUMAN RIGHTS VIOLATIONS IN UPPER BIOBIO Paris (France), Arlington, (USA).- Two important international reports on the situation of the Pehuenche communities of the Upper Biobio and the position of the Chilean government and World Bank were issued last April. 

"The Mapuche-Pehuenche and the Hydroelectric Project of Ralco: an Indigenous People at Stake" was produced after an investigation was carried out by the International Federation of Human Rights (FIDH) between July 3rd-11th 1997 by Thomas Berger, former judge of British Columbia's Supreme Court and Claude Katz, FIDH Secretary General. The 31 page report, written in French and translated into Spanish, comments on the current indigenous legislation, the Chilean government role and the negotiation process that ENDESA is carrying out with the Pehuenche families that would be affected for the not yet authorized Ralco dam project. 

"Beyond the resettlement of 125 families approximately, the will of the Chilean government to protect the indigenous peoples is what is at stake", the report concludes. The report adds that "taking into account the existing unbalance between the parties, the Chilean Government should guarantee a credible consultation to the affected communities, and verify that the Mapuche-Pehuenche families whose transfer is envisaged in ENDESA's project pronounced themselves freely, acknowledging the consequences of their choice. In fact, the Chilean State is responsible for guaranteeing and provide them their basic needs in the place where they live." 

On March 31st 1998, the report "The Pehuenche, the World Bank and ENDESA S.A.: Human Rights Violations in the Hydroelectric Projects of Pangue-Ralco in the Biobio river of Chile" was issued. It was produced by the American Anthropology Association of Committee on Human Rights. The report does an extensive analysis of the situation in the Upper Biobio and the work of the World Bank. It results from a complaint formulated by Dr. Theodore Downing, member of the Association, who alleged violations to his professional rights and the human rights of the Pehuenche as a result of his work for the International Finance Corporation who hired him to carry out an assessment on the Pehuen Foundation. 

Although this assessment was already planned there were strong pressures from GABB and indigenous institutions that requested quickly assessment on the Foundation which was created originally to compensate the economic and social impact of the Pangue dam in the Upper Biobio. 

The report details the non compliance of the Foundation with its objectives and on ENDESA's and World Bank's intentional hiding of the results of the report. All of which would describe not only the violation of the professional and ethical rights of consultant Downing, but also the fact that the Pehuenche were tricked in their land exchange negotiations with regard to Ralco dam by means of ignoring their rights and dire impacts already caused the Pangue dam. The report which also mentions the hiding of the investigation carried out by Jay Hair on Pangue dam recommends a series of actions, among others, the demantling of Pehuen Foundation, the appropriate consultation to the affected families by Ralco's dam project and even recommendations to all the anthropologists in order to make sure that the results from their investigations were not hidden or inadequately used by private companies or international institutions like the World Bank. 

Both reports were made public in Chile on Monday 20th of April. 

The following day, during the Annual Meeting of Shareholders of ENDESA, Pehuenche representatives and environmentalists submitted copies to the company's board. Copies were also submitted to high government officials. 

Some parliamentaries plan to request an investigation on the consequences that the hiding of information (on the environmental approval of the project Ralco) has had. 

The report from the AAA is available through internet at the following websites: IRN, [http]:// [www.irn.org], or of the Fundacion Rehue, [http]:// www.xs4all.nl/~ [rehue]/ 

A copy of the report in Spanish is also available at: 

[http]:// [www.geocities.com]/ CapitolHill/ 8528/ [index.html] 

The report from the FIDH, in French, can be requested to: 

FIDH, 17 Pasage de la main d´or, 75011 Paris. Fax 0143551880. 

WORLD BANK PRESIDENT ADMITS ERRORS IN THE BIOBIO AND PROMISES JUSTICE Santiago, April 19th.- James Wolfensohn, President of the World Bank admitted that serious mistakes were made by the Bank in the Upper Biobio and promised justice. The declarations were made during a press conference held at the Second Summit of the Americas in Chile; they were widely spread by Chilean media. ENDESA reacted strongly. That same day, April 19th, was the deadline for a Pehuenche family from Los Avellanos, located on the banks of the Pangue reservoir, to move. 

The following are questions and answers that a journalist asked Wolfensohn: 

Journalist: My name is Cristian Opaso. I work for the magazine "Punto Final" from Chile. My question is for Mr. Wolfensohn. 

I wonder how all of these events in Chile are affecting the credibility of the World Bank. Today a Pehuenche family is probably evicted in the south of Chile as a result of a dam that you financed. There is also a report that the North American Association of Anthropology recently issued. I have a copy in the case you have not seen it. (Wolfensohn answered "I have it.") you also ordered an investigation, in fact we met in Washington since I work also for a non-profit. The conclusions from that investigation apparently did not produce any changes in Chile. I have learned that International Finance Corporation policies are being reviewed, but, on the other hand some Pehuenche families are going to be evicted today. I wonder what do you think of all this? 

Wolfensohn: Well, as I said before regarding the reports, I don't believe we did a good job. In fact I believe that we did a bad job in terms of appropriately consulting during 1990-1991 on the Pangue project. Today we would have done a totally different thing, but we have to live with the results of the Pangue project and therefore my objective, like I said in Washington and I want to repeat today is to assure that we do the best possible job which means complete compensation and an appropriate and equal treatment (in terms of monetary compensation and resettlement which was the content of the agreement with ENDESA regarding Pangue's dam project and the Pehuenche families) of the affected 7 families and the other person alleged and in fact those that are being evicted from their lands. Last Friday I inquired about the situation, I wanted to know about each family, and I have been told that a number of agreements had been made. I can only promise you one thing, because this is a matter in which sometimes I am told something which is not truly happening, I am personally committed to guarantee that the affected families receive a fair deal. If we contributed to the problems, I want to make sure that at least we contribute to the solution. I take it as a moral responsibility and I am trying to solve their situation. Now we have a small problem since being creditors allowed us some influence but the debt was paid. We didn't request it, as you know, but they deposited a check in our account. 

Journalist: But you still maintain a participation in the property from Pangue. 

Wolfensohn: I know that we have a share, but we doubt that as a result of that participation, we are in the same conditions that we were when there was a legal agreement regarding the debt and, unfortunately, that is not the case. But we maintain an permanent dialogue with the organization. It is not one of the most outstanding points in the Bank's past experiences, especially because, as you may know, in the last three years I have dedicated much attention to the indigenous peoples, not only visiting but also financing projects, culture and the like. Thus for me, this is something very worrying. But I am working on this and I am doing all there is in my hands in order to guarantee fairness for those families and this will be done. 

I read the anthropological report, the report from the Anthropology Association and right away I ordered another investigation. But I could promise you that the IFC (International Financial Corporation) is taken care of the matter and I am making sure that the people of the CFI are made personally responsible for what happens and I make myself personally responsible to you. I will make sure that justice is being done. It is all I can do and I can control that we will not do the same in the future, that I can promise you. 

Irma Jara and Guillermo Salamanca's family eviction was finally avoided by accepting a legal petition in the last minute, but there is not certainty that this family and other Pehuenche families will not be evicted in the future from their lands in the riversides by the Pangue reservoir. It is also important to note that around 20 people (Mapuche and non-Mapuche) of several cities accompanied them and demonstrate against the eventual eviction. The situation in Los Avellanos was thoroughly analyzed in the independent reports from the World Bank (Downing's and Hair's) and ENDESA's and World Bank's policy and commitment violations (non compliance) was confirmed. Given the declarations of Wolfensohn we will follow them up so that the World Bank and ENDESA guarantee that the affected families by Pangue dam stay and that, both institutions, undertake measures to specify the Bank's commitments not only regarding Pangue's social and environmental impacts but also relating to Ralco dam project, which construction was conditioned by specifications in World Bank's loan for Pangue. 

PEHUENCHE LEADER MEETS HILLARY Santiago, April 19th.- Mrs. Nicolasa Quintreman Calpan from the Pehuenche community of Ralco-Lepoy, one of the indigenous women threatened by the Ralco project met briefly Mrs. Hillary Clinton, wife of the American President, on the occasion of their visit to Chile for the Second Summit of the Americas. The meeting took place Sunday April 19th at the USA embassy in Santiago during the farewell to the Peace Corps volunteers who had invited some Chilean non-profits that are being financed by the Fund of the Americas, which was created partly with the debt Chile has with USA and it is managed by both governments. Nicolasa Quintreman attended as a friend of the Consejo Ecológico from Los Angeles, group that has been working actively in the Biobio river and Pehuenche defence campaign. 

It is important to note that, according to some sources, due to pressures from the Chilean government, several meetings between Hillary and Chilean environmental groups were cancelled. 

During the brief meeting, Mrs. Quintreman explained to Hillary how she was one of the people threatened with being unavoidably displaced from their ancestral lands and proceeded to give her some hand made wool socks from the Pehuenche and a copy of the report from the lawyers of International Federation of Human Rights (FIDH). "That was the highlight of the meeting", said one of the assistants. 

On the other hand, on Thursday June 11, a recorded message with an extensive speech by Mrs. Quintreman was handed in the White House. In the message Nicolasa requested Mrs. Clinton's support for the threatened Pehuenche. 

PEHUENCHE PLAN FOR DEVELOPMENT AREA GOES ON Upper Biobio.- The Pehuenche plan for development goes on by means of meetings in all the communities and support from a team of financed professionals by CONADI. The plan seeks to achieve agreement within the communities on how to carry on with the new Area of Indigenous Development, declared by President Frei after the opening of Pangue Power Station in March of 1997 (!) The Areas of Indigenous Development envisaged in the new Indigenous Law aim to attract State investments in areas highly populated by indigenous peoples resulting in social and ecological cohesion of the territory. So far few resources given to the Area are being managed by government workers, and there is not a general proposal from the communities nor a decision making mechanism regarding investment on those resources and on the State's policies.Cc: nretni@igc.org 

Date: Tue, 21 Jul 1998 17:27:43 -0700 

From: aleta@irn.org (Aleta Brown) 

Sender: owner-irn-biobio@igc.org 

Subject: CONADI DETECTS IRREGULARITIES IN RALCO 

To: irn-biobio@igc.org 

X-Sender: aleta@pop.igc.apc.org 

I apologize for sending this out late. I was away on vacation and just returned to my desk. 

Aleta Brown 

Subject: CHIP News for July 14, 1998 

SOURCE: EL MERCURIO SOURCE: LA TERCERA 

-- CONADI DETECTS IRREGULARITIES IN RALCO. A report published yesterday by the UPI alleges that internal papers from the National Indigenous Development Board (Conadi) confirm numerous "irregularities" related to the construction of Endesa's Ralco hydroelectric dam project. 

Quoting an unidentified internal Conadi document, UPI says the state's indigenous persons' watchdog agency is questioning the tactics used by Endesa to get Pehuenche (indigenous peoples) families to accept Endesa's offer for removing them from their homes. 

The internal document allegedly cites evidence showing Endesa convinced the families that Ralco was already approved, with Conadi's blessing, and they had no choice but to accept the land offer. The document also states that after a field visit, Conadi representatives learned there were differences between the documents the accepting Pehuenche signed, and what they believed they had signed. 

The Ralco project, which Endesa plans to begin construction on this year, is highly controversial because the construction of its reservoir means the flooding of sacred indigenous lands and the necessary removal of 90 Pehuenche families. The Ralco project cannot go forward without Conadi's approval, and this body plans to make a preliminary set of decisions before July 30. 

Chile Information 

Subject: CONADI GIVES ENDESA ULTIMATUM Cc: nretni@igc.org 

Date: Mon, 27 Jul 1998 16:57:22 -0700 

From: aleta@irn.org (Aleta Brown) 

Sender: owner-irn-biobio@igc.org 

To: irn-biobio@igc.org 

X-Sender: aleta@pop.igc.apc.org 

CHIP News for July 24, 1998 

SOURCE: EL MERCURIO SOURCE: LA TERCERA 

-- CONADI GIVES ENDESA ULTIMATUM. The National Indigenous Development Board (Conadi) said yesterday Endesa must stop work on its US$250 million Ralco dam on the Bio Bio river in Region VIII, or face legal action by indigenous groups. 

The dam project will flood native Pehuenche lands, removing 90 Pehuenche families from their homes. Endesa has sought to induce the families to exchange their property for other land acquired by the company. 

Rogelio Nahuel, legal advisor to the Bio Bio Pehuenche, said Conadi will make an official announcement August 6 regarding the validity of the land barter contracts Endesa has signed with some of the Pehuenche families. He added that 12 Pehuenche families will make a formal presentation to the Economy Ministry asking the Electricity and Fuel Superintendency (SEC) to deny Endesa permission to build the dam. 

Chile Information 

Date: Thu, 30 Jul 1998 12:57:16 -0700 

From: aleta@irn.org (Aleta Brown) 

Sender: owner-irn-biobio@igc.org 

Subject: CONADI FORMS LEGAL TEAM AT RALCO 

To: irn-biobio@igc.org 

X-Sender: aleta@pop.igc.apc.org 

CHIP News for July 30,1998 

SOURCE: EL MERCURIO SOURCE: LA TERCERA 

-- CONADI FORMS LEGAL TEAM AT RALCO. The National Indigenous Development Board (Conadi) announced yesterday it will create a legal team to verify if Endesa has respected Conadi's petition to stop construction work on the US$250 million Ralco hydroelectric project. Conadi made this request after detecting irregularities in some of the barter contracts signed between Endesa and Pehuenche families living near the dam site. 

Endesa must sign contracts with 90 Pehuenche families so that they will leave their traditional land, which Endesa plans to flood to make a reservoir. Conadi suspects that Endesa tricked some of the families into signing the barter contract, saying that the project had already been approved and that they had no choice but to sign. Ralco needs the signature of all 90 families and the approval of Conadi to go forward. 

Through yesterday, however, Endesa's subcontracted construction company Besalco continued construction work at the dam site. If Conadi's legal team sees that work continues today, it will begin legal action. Endesa's spokesperson Ignacio Swett made no comment yesterday, and his secretary said he was busy studying Conadi's petition. 

Chile Information 

Date: Fri, 31 Jul 1998 09:41:24 -0700 

From: aleta@irn.org (Aleta Brown) 

Sender: owner-irn-biobio@igc.org 

Subject: Ralco Protest Ends in Clash with Local Police 

To: irn-biobio@igc.org 

X-Sender: aleta@pop.igc.apc.org 

CHIP News for July 31, 1998 

SOURCE: LA TERCERA SOURCE: EL MERCURIO 

-- CONFLICT OVER CONTINUED RALCO CONSTRUCTION. Over one hundred Pehuenche and ecologists yesterday occupied a road Endesa is constructing for its US$500 million Ralco dam project, and the incident turned violent when the group clashed with local police, leaving four ecologists arrested. National Indigenous Development Board (Conadi) Region VIII Director Luis Huincache said the group was protesting Endesa's continued construction, despite Conadi's petition sent six days ago asking the company to paralyze work. Conadi had asked the Pehuenche to maintain a peaceful stance at least until August 6, when the board will resolve the issue of land barters. 

One of the reasons that Ralco is so controversial, despite its obvious negative effects on the environment, is that Endesa must build a reservoir to feed the dam, and must flood sacred Pehuenche lands to do so. Endesa, however, must also sign barter contracts with 91 Pehuenche families so that they will move to Endesa-owned land further up the Bio Bio river. The barter issue has not yet been resolved, because Conadi suspects the electric company may have tricked some families into signing. The Ralco project supposedly cannot go through without obtaining signatures from all 91 families and approval from Conadi, but Endesa has begun construction anyway, with only 83 barter contracts signed. 

Yesterday's incidents started out as a peaceful protest, but when the police arrived to end it, things took a violent turn and resistance lasted 30 minutes, with police throwing tear gas. They finally arrested four ecologists for creating a public disorder. 

Pehuneche Carmen Rosa Paine-Tramamil said she will defend to the end her lands, and won't accept the construction of Ralco "because it will simply destroy the Pehuenche people." 

In related news, two Frei-appointed Conadi national board members resigned yesterday: Milene Valenzuela, a lawyer from the Justice Ministry and Cristian Vives, a sociologist from the Social Investment and Solidarity Fund (Fosis). 

Chile Information Project 

Date: Mon, 3 Aug 1998 10:45:07 -0700 

From: aleta@irn.org (Aleta Brown) 

Sender: owner-irn-biobio@igc.org 

Subject: INDIGENOUS GROUPS UNITE AGAINST RALCO 

To: irn-biobio@igc.org 

X-Sender: aleta@pop.igc.apc.org 

CHIP News for August 3, 1998 

SOURCE: EL MERCURIO SOURCE: LA TERCERA 

-- INDIGENOUS GROUPS UNITE AGAINST RALCO. Alihuen Antileo, president of Mapuche organization Meli Wixan Mapu, said Sunday his group and others have initiated a state of alert and will begin a series of mobilizations in support of the Pehuenche population in the upper Bio Bio River. 

This, in case that Endesa's US$500 million Ralco hydroelectric project is approved, which will mean the flooding 600 hectares of Pehuenche land and the relocation of its inhabitants. 

The Communist Party also announced its support for the Pehuenche Sunday and will take part in whatever action necessary to defend the indigenous peoples' lands, even if this leads to violence. Communist Party Secretary for Region IX Hugo Inostroza said this megaproject is a "cultural ethnocide" as it threatens the way of life of an indigenous people. 

The National Indigenous Development Board (Conadi), a quasi government body, will decide August 6 whether it will support the Endesa project. 

Six members of Weli Wixan Mapu begin a hunger strike tomorrow in an effort to pressure Conadi's decision. Different groups will hold a march on Wednesday from Plaza Italia to La Moneda. Antileo said if Ralco is approved, it could mean a series of violent incidents and a rupture in talks with authorities. 

Another Mapuche group, Aukin Wallmapu Mgulam, criticized the government for not seeking solutions favourable to indigenous groups. The group said Ralco "endangers the ancestral harmony of Pehuenche communities and threatens the Mapuche's integral cultural projections." 

Chile Information Project 

Date: Wed, 5 Aug 1998 14:25:43 -0700 

From: aleta@irn.org (Aleta Brown) 

Sender: owner-irn-biobio@igc.org 

Subject: Biobio Update #10 

To: irn-biobio@igc.org 

X-Mime-Autoconverted: from quoted-printable to 8bit by igc7.igc.org id OAA25838 

X-Sender: aleta@pop.igc.apc.org 

(The following update on the situation in the upper Biobío River region in Chile was prepared by Grupo de Acción por el Biobío in Chile. The English translation was done by Fernando Latorre at International Rivers Network. 

Article #4 will be translated and distributed in a few days.) 

BIO BIO UPDATE #10 

1. CONADI URGES ENDESA TO STOP WORK AT RALCO 

2. PEHUENCHES CALL TO RETURN TO BIO BIO 

3. THEY HAND IN LETTER AND MEET AUTHORITY 

4. PEHUENCHE AND ENVIRONMENTALISTS STOP CONSTRUCTION FOR THREE DAYS 

5. ENDESA AND GOVERNMENT TOGETHER IN COURTS 

---------------- 

1. CONADI URGES ENDESA TO STOP WORK AT RALCO 

Santiago, July 23rd. 

In an unexpected resolution, whose outcome was, however, unclear, the National Corporation of Indigenous Development (CONADI) urged the electric utility ENDESA to stop the preliminary works for Ralco hydropower station in the Pehuenche community of Quepuca Ralco, 17 days after some Pehuenche and around 50 environmentalists stopped transit on the Nireco and Malla bridges at the entrance of the indigenous territory. 

After intense negotiations, the 13 national counsellors of CONADI, resolved to demand an end to the work undertaken and the nullification of the rent contracts. Moreover the corporation set July 29th as the deadline for ENDESA to hand over all relevant files, so that it can decide on whether to authorise or reject the land exchanges, concerning more than 80 out of 100 families that would be affected by the dam. 

In a press release, CONADI announced that the 29th was set as a deadline for declaring null and void a rent contract between ENDESA and the Quipainan Pinaleo brothers, because it violated law number 19.253 by obtaining rights without CONADI's permission. The press release adds that CONADI has decided to interrupt immediately the work within Quipainans' 

land, a decision which can be extended to similar contracts. 

However, the exact terms which CONADI dictated ENDESA the next morning at 10am are still not clear. 

In the press release, CONADI only states that if a response was not received, it was agreed that legal proceedings should begin. In any case these events support the direct actions that took place 3 weeks ago in the Upper Biobio and confirms the complaints regarding the negotiations and illegal contracts that are being acknowledged since last year. 

2. PEHUENCHES CALL TO RETURN TO BIOBIO 

Santiago, 24th July. 

A delegation of 22 Pehuenches including the leaders of the women's group Mapu Domuche Newen and the lonko (leader) Jose Antolin Curriao handed in on Friday 17th a public declaration which ackowledges CONADI's resolution but adds that none of the pending permits, to continue with Ralco dam project, should be granted. The delegation asked for the economic support from the government that corresponds to an Area of Indigenous Development and urged their supporters to join them on their territories the following July 26th in order to guarantee the stopping of the work and resolve on the next steps to take. 

The declaration which was presented to the media at the Ecocenter in Santiago points out, in its main part, the following: 

"We appreciate CONADI's resolution urging ENDESA to stop the illegal work taking place on our lands. However, we want again to claim: 

-That CONADI and the Chilean government cannot pass any permit to continue with Ralco dam, whether that refers to the requests for land exchanges handed in to the Corporation (because they are fraudulent and because there are families that will never trade their lands and because they would have to kill us to move us from our ancestors lands) or the bidding for the transmission lines and Ralco dam. 

-That CONADI and the Chilean government must soon offer without discriminating the economic and social support which is a right of all citizens, and especially in an area, like our lands, that has been declared Area of Indigenous Development, so it is clearly stated that we have the right to live better without the private companies flooding our lands and offering us jobs for our destruction and division. 

Finally, we appeal to all our Mapuche brothers and sisters and to the Chilean men and women of good heart (will) to be aware and alert and those who can come to meet with us in our lands the following Wednesday July 29th to guarantee the stopping of the invasion and destruction of our lands and that the company complies with CONADI's resolution and leave us in peace at last. With the strength of the Pehuenche lands, with the forces of the sky, of our Chachao that is with our Mapuche and Chilean friends, let's walk in truth!!" 

3. THEY HAND IN LETTER AND MEET AUTHORITY 

Santiago, July 24th. 

The very same day that CONADI's resolution was made public, Pehuenche leaders went to the Palacio de la Moneda (presidential House), in the capital, and handed in an extensive letter at the entrance of the House, they were not welcomed by any authority. 

That afternoon, when the Pehuenche leaders tried to hand in a document on electric bidding in the Superintendency of Electricity and Fuel, which depends on the Ministry of Finances, they succeeded to discuss for about an hour with the Subsecretary of this post, Oscar Landerretche. The letter, longer than 7 pages, which is signed by Pehuenches, lawyers and environmentalists, reminds the historic discrimination of the Mapuche people and calls the government to protect the Pehuenche people. 

The letter begins by saying: "We believe that, in addressing ourselves to the Highest Authority of the Nation, to your Excellency in person, in the form of an open letter, the sentiments of which may be known by and shared by all the Chilean people, we can communicate effectively to you, and to the citizens of the entire country, the events currently taking place in Upper Biobio." 

The document calls for "a thorough investigation of the destructive effects caused by the continuous illegal proceedings of a private enterprise, without any respect for the Indigenous Law, and the extremely severe consequences of these effects". The letter continues:-"in fact, this enterprise is determined to secure in whatever way it can, written agreements by the Pehuenche land owners, land exchanges and rights of way pressurizing these land owners into signing these agreements quickly. In the meantime, the company is proceeding with unauthorized construction work, through quick contract bidding. This work could not have been authorized in any way by the state without the consent of the members of the affected communities and, as this consent was not given freely, according to the demands of the law, a proper investigation is necessary to ensure legal correctness and that any land owners must only be allowed to sign agreements if they have a full understanding of what they are signing and if they do so by their own free will." "The fact is that ENDESA does not intend to wait for either the decision of the Courts of Justice, nor the opinion of CONADI", the letter reports. It goes on: 

"We, the non-mapuche collaborators of this letter believe, (Mr. President), that we have the right to an independent voice, which is now freer of resentment, in order to defend ourselves against the racism and class discrimination still present in Chile, against the deeply-rooted evil and outrage, and against those who coolly abuse their power and wealth in order to set themselves up as leaders of the country." 

"We do not believe that it is the President's wish to sell us off for $500 

million of investment to a company which is all too impatient to do business, nor that we could take second place to any sum of money, to any enterprise, or any project which does not respect Law number 19.253. This Law protect us, our land and our water and prevents these from being sold or reclaimed or burdened (charged)." 

Thus concludes the missive, one of a dozen or so that have been presented to the President by the Pehuenche people since 1991, and which have not, as yet, been answered. Following the delivery of the letter, the Pehuenche managed to obtain an interview with the Undersecretary of Finances, who indicated that the petitions for final concessions are at present being carefully studied and that he would consider the opinions of CONADI and the Pehuenches, although he could not guarantee that the concessions would be rejected. 

5. ENDESA AND GOVERNMENT TOGETHER IN COURT 

Santiago, July 15th. 

The Sixth Civil Court of Santiago turned down a legal motion which was presented on the same day and in the same terms by both ENDESA and CONAMA, and which aimed to dismiss the lawsuit and to avoid the ruling by the Court of a precautionary injunction. This injunction seeks to put a halt to the work on the Ralco power station until the solving of the case for the nullification of the government resolution which authorised the Ralco project, which was brought before the Court last year. However, the Court also accepted a petition by ENDESA which aims to dismiss three Members of Parliament as plaintiffs in the legal action on the 18th of June. This injunction concerned MPs Alejandro Navarro, Guido Girardi and Mario Acuna.