Chilean Supreme Court Upholds Indigenous Land Rights, Rejects Claims from Communities Lacking Historical Ties

Original article: Corte Suprema de Chile respalda derechos territoriales indígenas y desestima reclamos de comunidades sin arraigo histórico

Santiago, Chile – The Supreme Court confirmed a ruling that explicitly recognizes the ancestral territorial rights of the Colla Pai Ote Indigenous Community, dismissing the protective action brought forth by other groups lacking historical and cultural ties to the disputed land.

The ruling of Chile’s highest court, which fully supports the decision made by the Copiapó Court of Appeals, establishes a significant precedent in the protection of indigenous rights based on effective occupation, history, and cultural relationship with the territory.

The president of the Colla Pai Ote Community, Ercilia Araya Altamirano, stated: “This is a victory against communities that attempt to simulate a territoriality they do not possess”, referring to the recurring groups –Finca El Chañar, Flora Normilla, Monte Amargo, and Ayllupura– that failed to demonstrate any connection to the ancestral lands.

The court determined that these communities, grouped under the Colla Peoples Council, lack history, occupation, and cultural relationship with the Andean territory, and that their interests are primarily driven by economic motivations, rather than actual territorial rights.

Ariel León Bacián, advisor to the Pai Ote community, emphasized that “the Supreme Court has been categorical in stating that territoriality must be real, verifiable, and based on history, occupation, and actual ties to the territory,” effectively closing the door to attempts to manipulate indigenous consultation processes.

The ruling aligns with the compliance of Convention No. 169 of the International Labour Organization, ratified by Chile, which stipulates that consultation processes must be conducted with the directly affected peoples and recognizes the right to property of traditionally occupied lands.

For the Colla Pai Ote Community, this ruling not only restores the rule of law but also strengthens the protection of indigenous peoples with real ties to their land and sets a relevant precedent for future legal and administrative cases.

El Ciudadano