El Consejo de Todas las Tierras Mapuche - Nationally the organisation works for the promotion, recognition and defence of the collective rights to land, territory and resources outlined in the legislation related to the constitutional recognition of indigenous communities in the country. Internationally the organisation has been actively involved in the drafting of the UN Declaration on the Rights of Indigenous Peoples. It also participated in negotiating the OEA American Declaration on the Rights of Indigenous Peoples and the follow-up and implementation of the Covenant on Biological Diversity.

"My name is Aucan Huilcaman Paillama a member of the Pueblo Mapuche de Chile Consejo de Todas las Tierras organisation. I have been a human rights defender for almost two decades and have participated in defending the rights of the indigenous population in Chile. At an international level I have presented cases before human rights bodies such as the United Nations and the Inter-American Court of Human Rights.

Situation for human rights defenders working in Chile
There are three factors which determine the activities of human rights defenders in Chile. The first relates to the judicial doctrine of denial which the Chilean State has established against the Mapuche community; the second refers to the policy of criminalisation of the movement for collective rights; and the third is linked to the government’s failure to comply with international legislation and to adhere to recommendations outlined by human rights mechanisms.

My experience
My experience of almost two decades defending the rights if the Mapuche has been marred by the historical doctrine of non-recognition, as well as the criminalisation of any activities related to promoting and defending the rights of the Mapuche. The promotion of the right to land, as well as the civil, political, social and cultural rights of the Mapuche places human rights defenders in situations where they may be perceived as committing illegal acts, given that the Chilean State does not recognise land eviction against the indigenous peoples of the country.

Precautionary Measures
Examples of precautionary measures adopted by the courts in compliance with the policy of criminalisation are extremely restrictive for human rights defenders carrying out their human rights activities. One example which illustrates the above occurred on 9 January 2006, as the regional parliament was submitting a legal proposal which would grant constitutional recognition to the indigenous peoples of Chile. Approximately 100 Mapuche representatives were present. However when they asked to enter the session to submit a note outlining their concerns regarding the proposal to the President of the Republic Sr. Ricardo Lagos, 18 of them were arrested and detained for two days. They were accused of public disorder, even though they were within their rights petitioning the authorities. The Public Prosecutor requested precautionary measures so that the accused were prohibited from entering the building until the investigation was completed. The authorities took over a year to investigate the case. During this time the accused were prevented from entering the regional council offices where they were denied access to other public services such as civil registration, tax and regional educational services.

Militarisation of the Mapuche
The criminalisation of the Mapuche’s demand for their rights has had a significant effect on the work of human rights defenders, who are prevented from visiting victims of human rights violations who live in rural communities. Defenders are harassed by the police who monitor defenders with police cameras, identity controls and the permanent displacement of defenders working in affected areas.

Recommendations
Despite the difficulties faced by the Mapuche in defending our rights, we will continue to trust in human rights mechanisms, in particular the Declaration on Human Rights Defenders and the recent UN Declaration on Indigenous Peoples. Both must form the basis of a guide to activities in defence of human rights.

I would recommend that Front Line, create an opportunity for debate between defenders in relation to the utility of these human rights instruments, and identify common areas for international activity in defence of human rights.

Considering international practice in relation to the implementation of human rights instruments, I recommend that we seek to establish a body or mechanism within the Human Rights Council relating to human rights defenders. This is of particular importance as the Human Rights Council enters its final phase for establishing new mechanisms."