The Pikünche Territorial Alliance has reiterated its allegations regarding a series of irregularities surrounding the indigenous consultation process related to two of the thirteen regulations of the SBAP Law (21600).
Recall that, weeks ago, the Ministry of Environment announced the invalidation of the indigenous consultation linked to the implementation of the Biodiversity and Protected Areas Service (SBAP), citing «loss of documents that were supposed to be included in the official file,» a claim categorically denied by Werken Marisol Trureo, a national representative in the aforementioned process, who revealed the «key points» of the irregularities in the consultation.
First and foremost, she stated, is the «lack of legitimacy, as the process was concluded with a ‘final agreement document’ that does not have the total signatures of the representatives.»
Another aspect includes the «illegal meetings, since after the closure, the MMA continues to invite online meetings to ‘review proposals’, which constitutes a legal irregularity that has been reported even to lawyers.»
Additionally, the leader noted «administrative bad faith: the draft regulation was only socialized on January 15, well after it should have been delivered at the beginning of the process to ensure prior, free, and informed information.
«We denounce that this regulation is aligned with the interests of large businesses, disregarding the voice of the territories,» the indigenous representative stated, detailing that «to support the management of the system, the service will be able to create regional committees of a public-private nature within the national system of protected areas, serving in a consultative capacity.»
«We alert the entire Mapuche nation that this regulation once again threatens the legal protection of land during processes of territorial reclamation or awaiting applicability (land restitution), under indigenous law 19253, which is directly related to the land consultation of the peace and understanding commission,» emphasized Werken Marisol Trureo.
«A Perpetual Barrier to Land Recovery»
The Pikünche Territorial Alliance finally warned that «if the SBAP regulation does not explicitly recognize the priority of restitution over private conservation (articles 97/98/99), it could become a perpetual barrier to territorial recovery.»
Due to all of the above, they reported that «around 20 representatives of indigenous peoples have filed a request for reconsideration to reverse the indigenous consultation and proceed with the correct functioning, development, and respect for our human rights as pre-existing peoples of the Republic of Chile.»
At this point, they emphasized that «the State of Chile is once again failing to comply with indigenous law 19253, ILO Convention 169, Decree 66, the global agreement of Kunming-Montreal, and the UN Declaration on the Rights of Indigenous Peoples, within a key international framework that recognizes the collective and individual rights of indigenous peoples.»
This, they added, includes «self-determination, autonomy, non-discrimination, cultural conservation, and the right to free, prior, and informed consent on matters that affect them, promoting harmonious coexistence and sustainable development with dignity and respect for their unique institutions and traditions.»
Listen to an interview with Marisol Trureo about this topic HERE (Radio Nuevo Mundo)
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