The Effect of International Agreements on Indigenous Peoples’ Land Rights: The Case of Indigenous Peoples in Chile
摘要
The Mapuche, the Aymara, and the Rapanuis, Chile’s indigenous people, have played a legitimate political role throughout modern Chilean history. While the unique relationship between indigenous, colonial and later national governments may be a determining factor in the land rights afforded to indigenous Chileans, this chapter discusses how the signing of ILO C169 and UNDRIP played a role in the political transformation of indigenous social movements which has resulted in significant advances in how the Legislative, Judicial, and Executive branches of the Chilean government deal with indigenous peoples’ issues. Further, by examining how the relationship between ILO C169 and/or UNDRIP and lawmaking, judiciary review, and executive enactment of Chilean policies influenced by international agreements, this chapter presents indigenous rights groups with information that could be valuable in discussions and negotiations supporting greater recognition from state governments. In doing so, the chapter also fills a gap in the literature pertaining to indigenous rights governance.