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Draft August 30th 2010, original spanish- having regard to the clause concerning human rights, contained in the Agreement of Association between the European Union and Chile,
- having regard to the principles of International and European law in the field of human rights,
- having regard to the Universal Declaration of Human Rights,
- having regard to the UN Declaration on the Rights of the Indigenous Peoples,
- having regard to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights and the corresponding protocols,
- having regard to the International Convention Concerning the Elimination of All Forms of Racial Discrimination,
- recalling its previous resolution on human rights,
- recalling its previous resolution on indigenous peoples,
- having regard to the various report of international institutions (UN, FIDH, HRW, Amnesty International), concerning the human rights situation of the Mapuche People in Chile,
A Whereas respect for human rights is a cornerstone of any democratic order and constitutes the basis of community integration,
B Whereas it is the duty of the European Parliament to promote the rights and fundamental freedoms in order to improve the protection of these rights in the world,
C Whereas the Mapuche People in Chile, according to the population census in 2002, are composed of 600,000 people whose ancestral territory is located in the eighth, ninth and tenth regions of the south of Chile,
D Alarmed at the high rate of social tension that exists in these regions, the product of a long history of marginalization, exclusion and discrimination, which was made known as a result of the report by UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, Mr. Rodolfo Stavenhagen, after his mission to Chile in November 17th 2003,
E Deeply concerned for the health and the lives of the 32 Mapuche political prisoners that have been on hunger-strike since July 12th 2010 in five prisons in southern Chile,
The European Parliament,
1 Calls on the President Sebastian Piñera and the Chilean Government to end the militarization of Mapuche territory and the repression of Mapuche political representatives and social campaigners and to cease applying the laws inherited from the dictatorship such as the Anti-Terrorism Law No. 18.314, and the Law of Internal Security of the State;
2.1 Ensure respect for due process and freedom of all Mapuche political prisoners currently incarcerated.
2.2 Repeal the system of “double simultaneous trials” before military and civilians courts;
2.3 Guarantees defence of the accused an end to the policy of dispersion, isolation and internal exile of Mapuche prisoners, which obstructs access to lawyers and families.
2.4 The Chilean government to urge the speedy establishment of a negotiation table with the Mapuche leaders to end the hunger strike.
3 It calls for the immediate implementation of concrete priority recommendations made to the state of Chile by various UN organs such as the Human Rights Committee, the Human Rights Council, the Committee Against Torture, the Committee for the Elimination of Racial Discrimination, UN Special Rapporteur for the rights of indigenous peoples;
4.1 Demands the Chilean Government to respect the spirit and letter of Convention No.169 of the ILO concerning indigenous and tribal peoples, ratified by Chile in September 2008;
4.2 In particular demands, the Chilean Congress constitutional recognition agreed with the representative organizations of the Mapuche People in Chile;
5 Considers that international conventions ratified by the European Community and its partners are binding and cannot be subject to restrictive interpretation by the signatories on either side;
6 Instructs it’s President to forward this resolution to President Sebastian Piñera and the Government of Chile, to the President of the Chilean Senate and the President of the House of Representatives.
Gaston Lion
Comite Belge-Amerique Indienne
Rue du Fond des Cuves 19,
B-5190 Jemeppe sur Sambre, Belgica.
Tel 071-785652
Reynaldo Mariqueo
Enlace Mapuche Internacional
6 Lodge Street, Bristol BS1 5LR, Reino Unido
Jorge Calbucura
Centro de Documentación Mapuche Ñuke Mapu
Maria Prästgårdsgatan 31. Estocolmo, Suecia
