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September 9, 2013
Clinic and Partners Release Book Criticizing Chile for Failure to Meet International Obligations Towards Indigenous Peoples
Posted by Daniel Saver, JD '12, Skadden Fellow, Community Legal Services, East Palo Alto
Jointly with Stanford Law School, the Universidad Diego Portales, and the Universidad de Los Andes, the International Human Rights Clinic released a book today about the consultation rights of indigenous peoples in Chile. The book critiques the Chilean government’s failure to guarantee indigenous peoples’ right to free, prior, and informed consultation, an international legal obligation Chile agreed to when it ratified International Labor Organization Convention 169 in 2008. See below for the full press release in English, then in Spanish:
Chile Fails to Meet International Obligations Towards Indigenous Peoples, Human Rights Experts Find
Book by international team of human rights experts documents violations of indigenous peoples’ right to free, prior, and informed consultation
September 9, 2013, Santiago, Chile – Nearly five years after ratifying the International Labor Organization Convention 169 (“ILO 169”), Chile continues to violate indigenous peoples’ right to free, prior, and informed consultation, according to a book released today by human rights experts in the Consorcio Norte-Sur. The Consorcio is a partnership between Harvard Law School, Stanford Law School, the Universidad Diego Portales (Chile), and the Universidad de Los Andes (Colombia).
The Spanish-language book, titled “No Nos Toman en Cuenta” (“They Don’t Consider Us”), provides the most comprehensive review of the consultation rights of Chile’s indigenous people to date. The book examines several ways that the Chilean government has failed to guarantee indigenous peoples’ right to free, prior, and informed consultation, including the government’s failure to implement international norms within its domestic legal system. The book also features in-depth case studies that document specific rights violations caused by salmon farming projects in indigenous territory in the south of the country.
“Indigenous peoples’ right to free, prior, and informed consultation guaranteed by ILO 169 is intended to ensure that these historically marginalized groups are able to participate in a meaningful way in decisions that directly affect them,” said Jorge Contesse, former director of Universidad Diego Portales’ Human Rights Center, now a law professor at Rutgers School of Law-Newark. “The failure to implement this right not only violates Chile’s international legal obligations, but also perpetuates distrust between indigenous peoples and the Chilean government, fueling conflict between the two.”
The case of the salmon hatcheries studied in the book highlights this dynamic. Researchers found that often the only consultation-like procedures were conducted by private investors, who provided special benefits for select members of indigenous communities in return for their support. Community members told investigators that this impermissible abdication of the state’s obligation to consult created conflict and upset traditional leadership structures and decision-making processes.
January 28, 2011
Posted by Cara Solomon
This week marked the start of the spring semester and the third snowstorm of the year. Right in the thick of it, we welcomed 40 students into the International Human Rights Clinic. We also started this blog, which will focus mainly on the projects and people associated with the Clinic.
It seemed like a good time to check in with Jim Cavallaro, Executive Director of the Human Rights Program (HRP). And so we did.
What attracted you to HRP?
When I came in 2002, I had already spent nearly two decades working as a human rights lawyer in Latin America—in Chile during the last years of the Pinochet dictatorship, and then for nearly a decade in Brazil, working on criminal justice issues, transitional justice, racial discrimination, violence against women and indigenous issues. I had a lot of real world experience, but I hadn’t had the opportunity to step back and reflect, or to put what I had learned to use as a teacher. HRP gave me the opportunity to continue my work as an activist—my first passion—but also to work closely with students, and to reflect on human rights and the human rights movement.
It’s proven to be the perfect fit for me. I love the students’ energy and their sense that anything is possible. To be honest, their commitment and drive has been the engine behind the remarkable growth of the clinic and the program this past decade.
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