Unfortunately, Mr. President, this brings us to the conclusion that in today's Chile, the Mapuche community is treated arbitrarily, and that in today's Chile, the Human Rights of the Mapuche community is obviously not taken into consideration. When signing this letter, we have two very specific purposes: To manifest our indignation of the unfair and arbitrary treatment of the demands of the Mapuche community in Chile, and second, to announce our determination to act firmly in order to make this situation known among political, diplomatic, religious and commercial institutions worldwide. Signed by 140 persons from different countries. 6th March, 1999.

OPEN LETTER TO THE PRESIDENT OF THE REPUBLIC OF CHILE AND TO THE CHILEAN AND INTERNATIONAL PUBLIC
3rd March, 1999
Mr Eduardo Frei Ruiz-Tagle
President of the Republic of Chile
Palacio de la Moneda, Santiago de Chile

We who appeal to you in this letter are a conglomerate of persons from different countries and we represent diverse academic, artistic and professional fields. Notwithstanding the differences, we share a common interest in the history and reality of the Mapuche people in Chile and Argentina. It is this relation to the story of the Mapuche and our interest in the history of the Chilean people that makes us take the initiative of writing to you today.

While we were writing this letter, the director of the National Corporation for Indigenous Development (Conadi), Rodrigo González, declared to the national press that 54 Pehuenche families were being notified that their applications for land exchange had been approved of. On the other hand, the director-general of Pangue and spokesman of the hydroelectric project Ralco declared that the removal of Pehuenche people from the Upper Biobío Valley will be started in 30 days. The company Endesa in charge of the construction of the Ralco dam will be resuming its work on ground preparation before long. According to the reports of the national newspapers the mapuche comunity of Traiguen live under a terror climate "with shots in the air at night and circulation of cars not identified with persons armed inside. mapuche families are afraid of eventual police operation and are forced to keep inside in their houses (El Mercurio, 22 of February 1999). During the past two weeks more than 50 mapuches that have participated in demonstrations for the respect of their rights have been arrested by the police force. It´s tragic to see that among them there are four children who have been victims of police violence.

Mr President of the Republic of Chile, since 1997, we have been following the development of events regarding the hydroelectric power plant Ralco in national and international media. From an international viewpoint, it is very disquieting to receive information about the measures taken against those professionals who have opposed the execution of the Ralco project. Up to this moment, two Conadi directors of Mapuche origin have been relieved from their duties and replaced by a director who does not represent the indigenous community of the Chilean territory. Two government advisers belonging to the above-mentioned institution found themselves obliged to leave their appointments in order to manifest their disagreement with the hydroelectric project. Vivian Blanlot, the director of the National Commission for the Environment (Conama), met with a similar fate.

In this succession of arbitrariness, the most startling fact is that in the Conadi meeting of the 15th January 1999 – the meeting where the land exchanges of the Pehuenche in the Upper Biobío Valley were approved of – NOT A SINGLE indigenous adviser was present. In addition, out of the eight government representatives participating in the meeting, only two were permanent members, while the other six were substitutes. As a procedure, this acquires double significance when considering that the purpose of Conadi is to set a precedent based on the land exchange process evolved in Biobío, for similar situations arising in future. We are aware that seven landowners oppose any negotiation whatever with Endesa. If, in future, the exchange of these seven properties cannot be accomplished, Endesa will find themselves forced to go to law to settle whether the Electric Act or the Indigenous Act is given priority. The demand of the Mapuche-Pehuenche community is simple and legal: It is based upon the Act of Indigenous People of 1993, which prescribes that the lands defined as indigenous "will enjoy protection from this act and cannot be disposed of, confiscated, encumbered nor acquired through prescription, except between communities or indigenous individuals of the same ethnic group" (article 13). The act also indicates that the opposition of merely one (1) of the landowners in an indigenous community is enough to make the exchange infeasible.

Authorizing Endesa to start its work on ground preparation in order to construct the Ralco dam in fact implies the suspension of any court of justice. A fully accomplished hydroelectric dam is an extrajudicial argument which no court of justice facing the task of determining the priority of some law or other could leave unconsidered. As far as regional and national authorities are concerned, it is evident in the light of the preceding that no guarantees exist, neither de facto nor de jure, to ensure a fair and impartial treatment of the request of the Mapuche-Pehuenche community.

Unfortunately, Mr. President, this brings us to the conclusion that in today's Chile, the Mapuche community is treated arbitrarily, and that in today's Chile, the Human Rights of the Mapuche community is obviously not taken into consideration. When signing this letter, we have two very specific purposes: To manifest our indignation of the unfair and arbitrary treatment of the demands of the Mapuche community in Chile, and second, to announce our determination to act firmly in order to make this situation known among political, diplomatic, religious and commercial institutions worldwide.

From various parts of the world, we continue to follow the development of events intently, and one more time we call Your attention that we will continue to insist on the establishment of a constructive dialogue and on a guarantee of respect for the fundamental rights of the Mapuche people.

Yours sincerely,