• Indigenous peoples in Chile

    Indigenous peoples in Chile

    There are 10 different indigenous groups in Chile. The largest one is Mapuche, followed by the Aymara, the Diaguita, the Lickanantay, and the Quechua peoples. Chile is the only country in Latin America that does not recognise the indigenous peoples in its constitution.
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The Indigenous World 2025: Rapa Nui (Easter Island)

Rapa Nui is an island located in the middle of the Pacific Ocean, more than 3,700 kilometres off the coast of continental Chile, with an area of 16,628 hectares. It is inhabited by the Rapa Nui people, descendants of an age-old culture recognized for the creation of large megalithic structures known as Moai and for having developed a unique civilization.

Rapa Nui is currently a territory annexed to the State of Chile, by virtue of a treaty signed by both nations on 9 September 1888 and known as the Agreement of Wills. This document establishes respect for the investiture of the Rapa Nui chiefs and reserves ownership of the land for the Rapa Nui people. However, the Chilean State is systematically failing to comply with this agreement, usurping the ownership of the land and committing major violations of the rights of its original inhabitants.


This article is part of the 39th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here


The environmental crisis: a threat to cultural and ecological survival

The serious crisis being caused by plastic and microplastic pollution of the ocean represents an existential threat to the Rapa Nui people and their ecosystem. The island's geographical position, exposed to the South Pacific Ocean currents, makes it a recipient of large quantities of plastic waste, with concentrations up to 50 times higher than those recorded on the mainland coast. This situation not only has an impact on marine biodiversity and ecosystem health but also directly affects the daily life and cultural practices of the Rapa Nui people. Their identity is intrinsically linked to the sea, which represents an extension of their territory, and they have a strong spiritual and ancestral connection. For them, the sea is not only a source of food and resources but also of stories and spirituality.

It was against this backdrop that the Rapa Nui Pacific Summit 2024 was held under the title of ”Protection of the Oceans and the Challenge of Plastic and Microplastic Pollution in the Region” a high-level international event organized by the Municipality of Rapa Nui, with the support of the UN System in Chile, the UN Environment Programme and the Chilean Ministry of Foreign Affairs. It also had the support of all the representative organizations of the Rapa Nui people, such as the Council of Elders, the Rapa Nui Parliament, the Hōnui Territorial Assembly, Koro Nui o te Vaikava (Rapa Nui Sea Council), the Ma'u Henua Indigenous Community (administrator of the Rapa Nui National Park) and the Rapa Nui representatives of the Easter Island Development Commission.

The Summit brought together political and traditional leaders from various Pacific islands and coastal territories to promote action to address plastic and microplastic pollution in the Pacific, as well as to promote ocean conservation and protection. The importance of integrating scientific knowledge with ancestral knowledge in order to address climate change, pollution and ocean protection was highlighted. The event was attended by political authorities and representatives of the Indigenous Peoples of the Pacific.

This great event, which represented an example of Indigenous skill in international advocacy, concluded with a traditional ceremony and the signing of the Rapa Nui Summit Declaration by Pacific leaders. This document sends out an urgent call for action on the part of States and the international community. It urges the adoption of concrete measures to stop the plastic crisis, recognizes the invaluable contribution of Indigenous Peoples to the conservation and restoration of the oceans, and emphasizes the importance of Indigenous participation in decision-making on marine resource management. Furthermore, the importance of adopting the Kunming-Montreal Global Biodiversity Framework (KMGBF), as well as the Agreement under the UN Convention on the Law of the Sea (UNCLOS) on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ) is highlighted. This instrument is fundamental to the health of the ocean and its content places great value on coastal Indigenous Peoples. Finally, the Rapa Nui Summit Declaration was submitted as an official document to the 4th Session of the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including in the Marine Environment (INC-4) held in Ottawa, Canada, during the last week of April. This committee is currently working on a legally-binding international treaty to end plastic pollution, representing a crucial step in the environmental struggle of Indigenous Peoples.

Co-management of the marine protected area and the Rapa Nui cosmovision

The existence of the Rapa Nui Marine Protected Area, the largest in Latin America, covering more than 72 million hectares of sea, is an important instrument for the conservation of marine biodiversity. The co-management of this area by the Rapa Nui people, through the Koro Nui o te Vaikava, together with the State of Chile, constitutes a relevant example of collaborative governance. In this context, an important step was taken in the care and administration of the sea of Rapa Nui when, in August, the Integrated Management Plan for the Rapa Nui Marine Protected Area was approved, following Indigenous consultation, by 86% of voters (500 in favour, 83 against). From the point of view of the Rapa Nui cosmovision and its origins, the plan envisages the Rapa Nui Marine Protected Area being managed under the principle of Te Moana Tapu a Hotu Matu'a, which combines the concepts of sacred sea with that of prohibition and respect. This approach will strengthen the Rapa Nui people's work and conservation of their sea.

Socio-economic challenges and the future for new generations

The complex relationship with the only airline operating on the island has generated tensions due to changes in the conditions for obtaining airline tickets, affecting connectivity with the mainland and causing difficulties for the population in accessing basic services, such as specialist medical care and higher education. The Hōnui Territorial Assembly has expressed its discontent with this situation and the lack of guarantees from the State of Chile, which has failed to address this serious issue correctly. This problem is significantly affecting life in Rapa Nui since travel to the mainland is a necessity for the people, whether for medical emergencies, studies or other issues.

For Rapa Nui youth, one of the major difficulties they face is the lack of higher education institutions on Rapa Nui, which means they have to migrate to the mainland to continue their studies. This requires separation and uprooting from their families and cultural environment, with implications for their daily lives.

Nevertheless, the participation of young Rapa Nui women in international spaces such as COP16 in Cali, Colombia, where three young women addressed biodiversity and gender issues relevant to their people, demonstrates their commitment and leadership in the defence of their rights and the search for solutions to the challenges they are facing. In turn, the election of a young leader as president of the Ma'u Henua Indigenous Community (the largest Indigenous community in Chile and autonomous administrator of the Rapa Nui National Park) also represents a sign of renewal and empowerment of the future generations.

Rapa Nui and international law: an analysis of its relationship with UN resolutions on decolonization

In August 2024, a group of Rapa Nui leaders sent a letter to the President of Chile with the intention of negotiating a relationship of self-government in free association between the Rapa Nui Nation and the Chilean State. This request, which represents a significant milestone, is based on principles of public international law enshrined in Article 73 of the UN Charter and in Resolutions No. 1514 and No. 1541 of the UN General Assembly.

The status of the Rapa Nui people, their relationship with the State of Chile and their historical demands for self-determination can be interpreted under the principles established in Resolutions 1514 (XV) and 1541 (XV) of the United Nations General Assembly, as well as Article 73 of the UN Charter. These regulations constitute the international framework for decolonization, underlining the inalienable right of all peoples to freely decide their political status, as well as to develop their economic, social and cultural future.

Resolution 1514 proclaims the need to put an end to colonialism in all its forms, while Resolution 1541 defines criteria for determining whether a territory is non-self-governing, including the options of independence, free association or integration with a sovereign state, always based on the freely expressed will of the people concerned.

In the case of Rapa Nui, annexation by Chile in 1888, through the Agreement of Wills, has generated controversy about its validity and legitimacy in terms of consent. The Rapa Nui people currently face significant limitations in their capacity for self-government, particularly in the administration of their ancestral territory and natural resources, which raises questions about the Chilean State's compliance with its Article 73 obligations.

Given its unique cultural identity as an island people in the Pacific, Rapa Nui could be considered subject to the principles of decolonization. The lack of effective democratic consultation mechanisms through which to define its relationship to Chile contradicts the spirit of Resolutions 1514 and 1541, which requires that integration or association with a sovereign state reflect the freely expressed will of the people.

To address this situation, a process of dialogue between the Rapa Nui people and the State of Chile should be implemented that envisages: (1) full recognition of the Rapa Nui people's right to self-determination; (2) democratic evaluation of their political status under options such as free association or greater autonomy; and (3) strengthening of their self-government through effective control over their internal affairs and resources.

This analysis highlights that, from a perspective of historical justice and compliance with international law, the case of Rapa Nui represents an opportunity to advance the implementation of the principles of decolonization, in line with the aspirations and rights of its people.

On the other hand, and in accordance with the provisions of the Chilean Constitution (Article 126 bis), which states that Easter Island is a Special Territory of the Republic: “(...) The Government and Administration of these territories shall be governed by the special statutes established by the respective constitutional organic laws.” The Easter Island Development Commission, an entity constituted under Law No. 19253, establishing norms on the Protection, Promotion and Development of the Indigenous People and creating the National Corporation for Indigenous Development (CONADI), is composed of five commissioners democratically elected by the Rapa Nui people, plus the President of the Rapa Nui Council of Elders. It is currently in negotiations with the Chilean government with the aim of working on a Special Statute of Autonomy for Rapa Nui, envisaging an Indigenous consultation on the matter in 2025.

The case before the Inter-American Commission on Human Rights

Finally, it is worth noting the status of the Rapa Nui People's Case No. 14,626 before the Inter-American Commission on Human Rights (IACHR). This was a lawsuit filed in 2015 alleging the State of Chile’s international responsibility for violating Article 21 in relation to Articles 1.1. and 2 of the American Convention on Human Rights due to violation of the Rapa Nui People’s collective ownership of the territory and natural resources of Easter Island and their right to autonomy. Despite constant requests for recognition and autonomy of the Rapa Nui people for more than 125 years, a large part of their ancestral territory is currently managed and owned by the State, which has irreparably damaged the lifestyle and development of the Rapa Nui people.

On 27 July 2021, the IACHR issued its admissibility report on the petition presented and concluded: “To declare the present petition admissible in relation to Articles 4, 8, 12, 21 and 25 of the American Convention on Human Rights in connection with Articles 1.1 and 2 of said instrument.”  

Having been considered admissible, the complaint proceeded to the “merits stage”, in which the alleged rights are analysed in relation to Inter-American System of Human Rights standards. At the conclusion of this stage, a report on the merits will be issued to determine whether or not there was a violation of the rights of the Rapa Nui people as alleged in the complaint. This stage is crucial, as it sets out the international legal process that seeks to settle the controversy between the Rapa Nui people and the State of Chile.

Benjamin Ilabaca Hey is a lawyer and member of the Rapa Nui people. He is also an expert in Indigenous Peoples' human rights and sustainable development, with a track record as a national and international consultant.

 

This article is part of the 39th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

Tags: Global governance, Human rights

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