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‘Transitional Injustice’ 2009

+ Table of Contents
Human Rights and About This Event p. 1
Chile’s Vulnerable About Global Majority p. 2
Populations About the Center for
Human Rights p. 3

About The Monterey


January 5-20, 2009 Institute p. 4

Santiago, Chile Executive Summary p. 5

Student Articles p. 6-22

About Juana Calfunao p. 14

Recommended
Readings & Resources p. 23

Practicum Agenda p. 24

Practicum
Coordinators p. 25

Practicum
Participants p. 26

About This Event


Global Majority and The Center for Human well as to fully understand the current
Published by Global
Majority 479 Pacific Street
Rights Studies facilitated a three-week problems of discrimination and abuse that
Suite 5C, Monterey, CA
93940 course on Human Rights and Chile’s the Mapuche face. The program was run by

www.globalmajority.org Vulnerable Populations from January 5-20, Hon. Juan Guzmán Tapia, director of
Editor: 2009. The seminar-practicum entitled Universidad Central’s Center for Human
Jennie Konsella-Norene
‘Transitional Injustice’ focused on Chile’s Rights Studies, Dr. Jan Black, professor of
Co-Editors:
Kit Alviz and Katie Holland history of democracy and dictatorship, International Policy Studies at the Monterey
Cover design by: human rights abuse and transitional justice, Institute of International Studies; and
Rebecca Walters
and had a particular focus on the role of the Global Majority. Twenty-one graduate
Copyright Global Majority.
All rights reserved. No part judicial system in terms of the protection of students from The Monterey Institute of
of this publication may be
reproduced without the rights of the most vulnerable populations. International Studies attended the program.
prior written permission of
Global Majority It was designed to enlighten students on
the situation of human rights in Chile as

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About Global Majority


Global Majority is an international, Furthermore, along with research healthcare. Global Majority believes
nonprofit organization that and analysis of current and past that most societies around the world
promotes the non-violent conflicts and resolution practices, desire peace but too often lack a
resolution of conflict through Global Majority is building an voice in life-affecting decisions.
education, negotiation, mediation alliance of organizations and global Global Majority is cultivating a
and advocacy. The organization citizens devoted to peace and global network to pressure state and
believes that violent conflict is alternative dispute resolution. non-state actors to foster dialogue
antithetical to the sustained growth Global Majority members share a and avoid resorting to violence. The
and health of humanity, and common commitment to organize organization recognizes and
therefore all forms of informal and and facilitate an international emphasizes the universal human
formal dialogue to be essential and movement promoting nonviolent right of all people to realize their
preferred methods of conflict conflict resolution. fullest potential of human capacity
resolution. Thus Global Majority’s and develop cultures of peace.
Violence is too often the preferred
activities promote peace through
option for resolving conflict; it is
dialogue. These include advocacy
rooted in various circumstances,
campaigns that embody its aim to
including political marginalization,
give voice to the global majority;
poverty, racial and gender
both local and international
discrimination, environmental
education and training through
degradation, population
workshops and conferences.
displacement, and inadequate

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2009

About the Center for Human Rights


The Center for Human Rights of reflection, and debate of the actual justice, and democratic transition
violations of human rights that exist and has received several awards for
Central University in Santiago, Chile
in these countries as well as around his work. Patricia Albornoz
focuses on the promotion of human
the world. The goal is to promote Guzman is the co-director of the
rights. The center encourages a
human rights and leave a positive center. As a lawyer, she has worked
culture of human rights where all
impression on younger generations on various projects and
social actors participate and where
regarding justice, equality, diversity, investigations in conjunction with
all rights are respected. The center
and liberty. The center has been many sectors of Central University
strives to defend human rights
open for just over a year and they as well as other public and private
violations and to promote actions
look forward to contributing to both national and international
against them. They advocate that
national and international knowledge institutions. Her vast experience in
every person’s rights should be
of human rights. the human rights sector makes her a
recognized regardless of race, sex, or
valuable asset to the center’s team.
condition. The purpose of the Center Juan Guzmán Tapia is the director of
María Paz Narca B is the center’s
for Human Rights is to be an the center and has impressive
journalist and photographer who
academic reference in the experience in the field of justice. He
compiles publications and
investigation of Chile and Latin has been internationally recognized
documents all events.
America in relation to the education, for his defense of human rights,

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About the Monterey Institute


of International Studies
The mission of the Monterey Institute of International Institute for Foreign Studies, the school’s focus was on
Studies, an affiliate of Middlebury College, is to develop promoting international understanding through the
professionals who, through their knowledge, research, study of language and culture. This belief of the
language proficiency, fine-tuned intercultural skills, and founders is still a guiding light for the Institute’s
specialized expertise, are prepared to manage, lead, and educational philosophy. Over the years, the Institute
inspire others to address today’s global challenges. added new programs, and faculty, expanding its global
reach and strengthening its educational mission.
The Institute offers graduate degrees in translation and
interpretation, international policy studies, The Monterey Institute is widely recognized as one of
international environmental policy, business the most academically prestigious language and
administration, public administration and language international policy studies schools in the country.
teaching. The Institute’s core values are based upon The Institute’s graduates are prominent in the US
excellence achieved through continuous improvement Foreign Service, in language teaching leadership, and
and innovation, a multicultural community with a in the international business community. The
global reach, the belief that each person can make a Monterey Institute of International Studies recently
difference, and the idea that multi-lingual and multi- partnered with Middlebury College of Vermont.
cultural skills are essential. Middlebury, founded in 1800, is a leader in language
education, international economics and
The Monterey Institute of International Studies was environmental studies.
founded in 1955 by Gaspard Weiss, Remsen Bird, and
Dwight Morrow Jr. Originally known as the Monterey

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“Indigenous peoples around the world


have sought recognition of their identities,
their ways of life and their right to
traditional lands, territories and natural
resources; yet throughout history, their
rights have been violated. Indigenous
peoples are arguably among the most
disadvantaged and vulnerable groups of
people in the world today. The
international community now recognizes
that special measures are required to
protect the rights of the world’s
indigenous peoples.”

~ United Nations Permanent Forum on


Indigenous Issues (UNFPII)

Executive Summary
By Jennie Konsella-Norene
The 'Transitional Injustice' seminar-practicum was opportunity to travel to various Mapuche
an incredible opportunity to directly explore the communities to listen to concerns of community
struggles that the indigenous communities of Chile members and to witness the impact of environmental
face. It emphasized the urgency in acknowledging degradation, a lack of access to resources,
these struggles and pressuring the Chilean contamination, and land deprivation. The practicum
government to recognize Mapuche rights. The ended with reflections on the course, guest speakers,
practicum focused on Chile’s history of democracy and special lectures from Judge Juan Guzmán Tapia
and dictatorship, human rights abuse and and professor Jan Black. This newsletter aims to
transitional justice, and had a particular focus on the capture the key ideas and spirit of the course and will
role of the judicial system in terms of the protection be useful for students, activists, and organizations
of rights of the most vulnerable populations. that strive to address the conflicts and struggles of the
Students began the course in Santiago where they Mapuche communities in Chile.
learned about the history of Chile, the dictatorship,
and the Mapuche culture. They then had the

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Stretch Marks of Chile’s Rebirth:


Pushing the Parameters of Transition
Jan Knippers Black
Since serving in Chile in the early 1960s as a founding torture centers, Villa Grimaldi, had been converted
generation peace Corps Volunteer, I had returned into a memorial to its victims, and the Santiago
often, but the prospect of collaborating with my Stadium, where beloved folksinger Victor died at
friend Juan Guzman, known now around the world as the hands of his torturers, now bears Jara’s name.
the judge who dared to prosecute General Pinochet, Strikes and demonstrations and cultural events
was an offer I could not refuse. I was also elated by that would have been rare even two or three years
the prospect of sharing with Monterey Institute earlier have been commonplace since 2005, and
students in January 2009 my own deep sense of expressions and body language suggests that
appreciation for and kinship with all things Chilean. people have begun finally to exhale.

Chile, moreover, is a most fruitful locale for learning Nevertheless, the process that has come to be
about human rights and human wrongs – abuses and known as democratic transition rarely extends
protections – not only because of the tyranny and rights beyond the social categories who had
terror the population experienced between the enjoyed them before the onset of authoritarianism.
Pinochetazo (military onslaught) in 1973 and the That means that persecution comes to be re-
beginnings of democratic transition at the end of the concentrated on the poor, who had always been
1980s, but also because this awful fate had befallen a vulnerable. In Chile, in particular, sociopolitical
country that until that time had been among the most participation had been limited and tenuous for
nearly democratic and politically stable of Latin slum and shanty-town dwellers, working and
America. would-be working classes, and the indigenous even
before the Pinochetazo. “Barrios populares,” or the
The transition process, halting and arduous, seemed
people’s neighborhoods, like La Victoria, which
almost complete at last by the middle of this first
had suffered the brunt of Pinochet’s anger and
decade of the twenty-first century. The war wounds
paranoia, continue to be harassed and preyed upon
inflicted by bombs and artillery on The Moneda, the
by the same carabineros, or militarized police, who
presidential palace, had been patched up, and the
occupied them regularly during the military
plaza beyond was guarded on both sides by statues of
dictatorship, though now such persecution is in the
the fallen democratic leaders, Salvador Allende and
name of vigilance against terrorism, drug-dealing,
Eduardo Frei. One of the most notorious of the

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and youth gangs. Meanwhile, Chile’s largest


indigenous nation, the Mapuche, faces new claims a larger world. Murals in Mapuche country, from
on and desecration of their lands by foreign lumber Temuco south to the stunningly beautiful region of
and mining companies. New assaults on Mapuche lakes and volcanoes, also tell of a heroic struggle,
rights and culture, responding to Mapuche though reaching farther back in time to successful
attempts to protect their communities and resistance against conquest first by Inca, then by
livelihoods, are now misrepresented and Spanish, imperial forces. That spirit has been
intensified through reckless government use of reinvigorated by the example of what can be
anti-terrorism legislation. The upshot, as accomplished in Chile even by a single courageous
elaborated in the essays that follow, is a situation and committed individual like Judge Juan Guzman, as
in which many indigenous communities are well as by what indigenous peoples around the world
continuously surrounded by carabinero can achieve when they pull together. Inspired
encampments, and residents feel that they are in particularly by the UN declaration on the rights of the
virtual detention on what remains of their now indigenous adopted by the General Assembly in 2007,
despoiled lands. Mapuche leaders have launched a new program to
educate their communities about the individual and
That is not to say, however, that the peoples still collective rights to which they are entitled under
excluded from the liberation of transition are international law and to motivate them to explore
simply settling for victimization. Far from it. City strategies for ensuring that those rights will be
walls here and there that in the early sixties bore respected.
graffiti telling “Yanquis” to go home and in the late
seventies wore a bone-chilling whitewash – as Through our collaborative seminar-practicum in
silent as the people who darted nervously past. January 2009, Monterey Institute students had the
great privilege of participating in the launching, at the
Now dazzle with triumphalist murals. La Victoria, headquarters of the Consejo de Todas las Tierras
notwithstanding the carabineros on watch, has (Council of All the Nations) in Temuco of the Escuela
become a stroll-through art museum, depicting in de Autogobierno, or School for Self-Determination.
professionally-executed murals the recent history Moreover, walking among the working people of
of a people who have suffered and have overcome. Chile, whether urban or rural, with Judge Juan
And a locally generated broadcast and Guzman (Pictured below with Professor Black), was
documentary production studio, Senal 3, is in itself a rare privilege – rather like, one supposes,
reaching out to assist the Mapuche in walking around India with Mahatma Gandhi.
communicating their plight and their aspirations to

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Democracy…Really? On the Economic Fast-Track to a One Culture World


By Cory Belden

Lets face it, transitional democracy is Indigenous as a distinct community, our fifth community, the leader of
and legally binding them to poverty. Mininco stood and said, “Vean esta
sexy. The words have been
Pinochet embezzled 500,000 of the fábrica.” The bus stopped and we
romanticized- transitions from
750,000 acres the Mapuche owned in stepped out. The CMPC Celulosa
dictatorships to people power, and
the late 1970s, and though all factory professing to “use the latest
the victory of citizenship. However,
subsequent Presidents have promised proven production technologies
transitional democracy is dragging its
to restore it, land reform has been that are environmentally sound and
shredded feet like a prisoner of war.
anything but progressive. I visited provide the ultimate level of safety”
Painful wounds have slowed the road
Chile in January with a Student stood before us. Strangely
to social freedom and unfortunately,
Practicum to examine democratic contradicting Celulosa’s claim, we
the most threatening abrasion is
transitions and the impediments to learned that this paper mill
promoted by the state: the market
Mapuche human rights. We traveled contaminates the rivers that flow
economy. The worst part? The global
with Judge Juan Guzman, the famed directly to the 500-person
community prematurely calls it a step
Pinochet prosecutor and one of the few community below-- causing child
towards “democracy”, while the
standing up for the Mapuche cause. diarrhea, miscarriages, deformities
public simply says, “Well done.” Chile
Contrary to the international praise in animals, and rotting agriculture.
is a prime example. The international
reports of Chilean democracy, the As we took pictures, documenting
media and accessible public reports
Mapuche are victims of state abuse. the ugly character and awful smells,
praise the government’s progressive
Large transnational forestry industries a man appeared from the factory
initiatives and human rights
and paper mills surround gates. He lifted a camera and to my
ratifications, yet somehow, many
communities, while they face police great surprise, began snapping
have missed the one million people
brutality and systematic terrorism photos of us. I was struck. Why was
still stuck in a dictatorship. Though
daily. As thirsty, non-native trees he taking pictures of us? To report
Chile’s standard dictatorship ended
deplete their already scarce natural us? What kind of credibility does
with Pinochet’s ousting in 1988,
water sources, they struggle to gain Celulosa have? And why would he
many promises of change made by
legal rights as they are also often think, for even a second, that he has
elected officials have not been kept.
charged and imprisoned for crimes more power than the human and
The Pinochet Constitution still
they did not commit. The question environmental rights activists.
operates, rejecting the Mapuche
remains, why? As the bus bounced to
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Incredible still, while we were attempting to rattle should consider protecting and keeping what we still
Celulosa for causing environmental and human harm, have, rather than just apathetically marveling. The
the man was accusing us for disrupting capital flow. Mapuche are still here. The Cherokee are still here. The
And then it hit me. As we purchase our daily paper Pygmy, the Aymara, the Zapotecs, the Ami are still here.
materials, (the U.S. is the primary buyer of these Bu they are fading away. Though the West claims that
exports), we prevent true democracy and violate human rights declarations, the International Criminal
human rights. We are those exterminating Mapuche Court, and Official Development Assistance is enough—it
communities, and the market-economy is the culprit is not. We must face the truth as global citizens- states
yet again. Without global participative democracy, the are choosing to protect the capital before the people.
market-economy is promoting a one-culture world. While Chile receives $24 billion from industries in the
The Western model (Chile following) has given priority south, the Mapuche communities pray on their sacred
to consumption. To Celulosa and other multinationals, grounds, surrounded by burnt eucalyptus and vast
the human rights activists are a threat. The Mapuche barren land without support from other Chileans or
people are a threat. Anything that stands in the way of international advocates. There must be a better way.
production and recapitulation of wealth is degraded, Chile has provided us with a warning: an alert to quit
including humanity itself. This fast-paced priority while we still can. Stop naming every nation a romantic
capitalism is squashing numerous cultures and nations transition to public justice just because they have
around the world. At a community meeting, I took a instituted elections. Forget mentioning “democracy”
moment and watched these harmless people pass a cup when the state is not equally protecting every citizen, and
of traditional drink. One by one, each Mapuche tipped it when transnational companies have more rights than
to the ground before drinking. When I asked why, the humans. And for God’s sake, be truthful to yourself- this
man squatting near me met my eyes: “We must give is nothing new- the failures of our economic model are
back to what gives to us.” Right, giving back. We must on a speed train to a one-culture world and an
protect the people and the earth, while encouraging environmentally exclusive global system. Let’s
economic growth. So while we (the public with rights) remember the Mapuche, and pour one down for human
visit our Indigenous museums and green parks, awareness, and active public participation. Before it’s
admiring the culture and tranquility, perhaps we too late.

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Chile’s Mapuche: The Struggle for Justice Picture by Michelle Seivers

Jennie Konsella-Norene
The extensive human rights defend the relationship they have Mapuche. The right to land, which
abuses during the Pinochet with the land. Since the return of is usually protected under both
dictatorship in Chile are well democracy in 1990, Chile has tried international and national laws,
documented. While many efforts to enjoy some of the characteristics does not apply to indigenous
have been made to heal the that usually come with a democratic people in Chile. The International
wounds from this horrifying past, government. Yet the shadow of Labor Organization (ILO)
little has been mentioned military rule often overpowers the Convention 169 is a prime
concerning the abuses taking place quality and true existence of example, which states that
under the current democratic democracy. As a result, Chile has indigenous people have a right to
government. Chile is home to continued to follow many of the decide on their own development
more than one million indigenous economic policies developed by the projects and to have influence and
people and the Mapuche account military in the 1970’s so the decision-making power in
for almost 90% of this population.1 exploitation of natural resources is a economic, social, and cultural
Mapuche means ‘people of the current, accelerating problem. Chile development that directly impacts
land’ in their native language and has been under extreme pressure to them. 3 Adopted in 1989, only 18
symbolizes the strong connection develop quickly under a neo-liberal countries have ratified the
and cultural identity they maintain model, thus capitalistic values are convention. The Chilean
with the earth. For centuries the given priority before environmental government recently ratified it, yet
Mapuche resisted Spanish and human rights issues. 2 The lack little progress has been made to
conquest and imposed culture; a of attention placed on protect the rights of indigenous
long history that represents a environmental and human rights peoples and to enforce the
continuous and current attempt to issues is especially impacting the fulfillment of the convention.

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Although the exploitation and under these laws that grant the system where those who have
abuse of the Mapuche began long government the right to hold violated the rights of the indigenous
before the military dictatorship, prisoners for months without trial, people have an almost perfect
the Mapuche continue to be to withhold evidence from defense record of impunity. The current
victims of Pinochet even after his attorneys, and to permit the situation of the Mapuche is an
death. The 1978 Amnesty Law testimony of unknown witnesses. extreme case of human rights
enforced by Pinochet exempting Various human rights organizations violations. Under the supposed
the military and armed forces have criticized Chile for their anti- democracy that Chile holds, the
from prosecution for human terrorism legislation, as it is government should be morally and
rights violations committed inapplicable for punishing crimes legally responsible to protect the
during the dictatorship is still that might be illegal but that are not rights of its citizens from those who
being applied. 4 For this reason, acts of terrorism. Under the anti- would violate even the most basic
the Chilean justice system has terrorism accusations, the Chilean rights. The Chilean government as
also been damaging to the government is essentially denying well as the international community
Mapuche people. The misuses of the Mapuche of their right to justice. must commit the time and resources
anti-terrorism laws are used Instead of holding fair trials, the necessary to eradicate these issues
- sodales.
against the Mapuche anad cause Mapuche who are accused of crimes and recognize the indigenous
unjust arrests and violence. Many are tried in military courts where community as not only citizens but
Mapuche have been arrested they have little hope against a as human beings.

Notes:

1. Parellada, A. (2006) “The Indigenous World 2006: Chile”


2. Von Malmborg, M. 1999. The Chilean Mapuche-Pehuenches’
3. International Finance Corporation: “ILO Convention 169 and the Private Sector.”
http://www.ifc.org/ifcext/enviro.nsf/AttachmentsByTitle/p_ILO169/$FILE/ILO_169.pdf
4. Matear, A. 2004. ‘The Pinochet Case: The Catalyst for Deepening Democracy in Chile?’ Fighting for Human Rights. 117-120.
5. Parellada, A. (2006) ‘The Indigenous World 2006: Chile’

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Mapuche: In the Search for Truth and Justice


Leah Cassidy
Nations often re-tell their glorious pasts. Conquests major element of the population. Avelino Meñaco,
are commemorated and written down in history books the lonco of Communidad Pascual Coña was 17 years
for prosperity purposes. This history contributes in old when Pinochet came to power. The hope for
part to feelings of national identity and holds democracy brought an expectation of freedom for
particular relevance to citizens. More relevant but the Mapuche. When democracy was restored, in
under-reported, is the history that has been omitted Meñaco’s experience he felt that, “Everything
by those in power. Gross violations of human rights continued to be the same.” In his eyes there is little
including genocide, torture, rape, disappearances, democracy in Chile, a sentiment often echoed by
murder, false imprisonment, detention, cruel and many Mapuche.1 “Full participation in a democratic
inhuman treatment and punishment are part of this society can only occur if the issue of accountability is
world’s un-glorious past. These international crimes dealt with”1 and if the demands for truth and justice
are also part of the present as well as the future of of all parties scarred by history are answered.
nations. Political and military repression, corruption, Unwittingly or not, the government, employing
economic discrimination and other forms of discriminatory tactics has created two parallel states
misgovernment are common forms of abuse. In fact sharing an uneasy space, the Chilean state and the
“around the world, people are far more apt to be Mapuche state. The rights of Mapuche continue to be
harmed by their own than by other governments.”1 In exploited through police repression, invasive
the name of national security, human rights, including infrastructure projects and government approval of
the rights to truth and justice have been abandoned environmentally harmful forestry, mining and
and atrocities justified. Chile continues to struggle industrial projects. Criminalization of Mapuche by
with demands for truth and justice for the many both the political and legal systems, supported by
murdered, tortured and ‘disappeared’ during the 17 the strength of the Carabineros, persists. It is little
years of the Pinochet dictatorship. Difficulties are wonder the Mapuche are so disaffected with Chile.
apparent in this country trying to come to terms with The most fundamental right of the Mapuche is to
Chilean hurts and attempting to heal Chilean wounds. maintain their own specific cultural identity tied to
However the progress made by mainstream Chilean the earth, which not only provides a way of life but
society in the transitional justice process and the also is the “media of cultural and spiritual integrity
transition to democracy has left out the Mapuche, a for the entire community.”1

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Picture above taken by Marja Byekirova

A lack of validation and invitation to participate fully in lawmakers and policy makers in the government
the Chilean democracy further disengages the Mapuche buildings above. Oscar Wilde said, “The one duty we
from Chile. The unwillingness on the part of the Chilean owe to history is to rewrite it.” Embracing the truth
government to seriously acknowledge the suffering and and enacting justice according to the rule of law, would
make reparations for the injustice experienced is a sign raise the credibility of Chile and strengthen its
that Chile has yet to fully transition to democracy. legitimacy in the international sphere. Reconciliation
Meanwhile, the Mapuche are the subject of political cannot be possible if denial and impunity is
rhetoric and presidential protocols. The Mapuche institutionalized within the governing authority.
display in the underground museum, Centro Cultural Hopefully Chile will rewrite history and use this
under La Moneda is a startling metaphor for the experience to search for the truth and bring justice to
Mapuche struggle, hidden away from ‘normal society,’ the hidden and the voiceless.
exploited for Chile’s benefit and distanced from the

Notes:

1. International Council on Human Rights Policy, Duties sans Frontières: Human Rights and Global Social Justice (2003), 48.
2. Community Meeting, “Pascual Coña.” Digital video recording. Lleu Lleu, Chile, 13 January 2009.
3. Alexandra B. De Brito, Human Rights and Democratization in Latin America: Uruguay and Chile (New York, NY: Oxford University
Press, 1997), 1.
4. Ronald Niezen, The Origins of Indigenism: Human Rights and The Politics of Identity, 75.

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Mapuche and the State: A Battle for Legitimacy


By Josh Lease

Chile’s transition to democracy, after the bloody state, which has become a fight for legitimacy. . The state
seventeen-year dictatorship under Augusto Pinochet, has has fought to legitimize its actions, through the use of
produced a thriving national economy with heavy anti-terrorism language and legislation and through
international investment, high wages, a strong national economic and social policies, which are designed to
infrastructure and a sense of national reconciliation. legitimize the treatment of and to discredit the Mapuche.
However, with a transition to democracy comes The Mapuche have fought to bring legitimacy to their
democratic rule of law, which is held in place by the land claims through social protest and community
people’s respect for the government, and “in a democracy organization. During the visits conducted in a variety of
respect for authority must be based on its legitimacy, and Mapuche communities by a group of students from the
legitimacy is always open to question and challenge.”1 A Monterey Institute of International Studies (MIIS) in
government’s legitimacy is always open to question January 2009, it became apparent that the Mapuche
because “legitimacy is the belief that in spite of continue their historical role as outcasts. To the
shortcomings and failures, the existing political Mapuche the Chileans are huinca and the Chileans still
institutions are better than any others that might be view the Mapuche as violent, lazy drunks who, refuse to
established, and that they therefore can demand adapt to Chilean culture. However, the Mapuche are now
obedience.”2 This being the case, to assert that a also considered to be terrorists and because of the
government is legitimate is to assert approval for it and government’s use of anti-terrorism language and
thus respect for its authority.3 Therefore the fight for application of the Terrorism Act prejudices against the
legitimacy as discussed here is a fight for approval on both Mapuche continue to be reinforced and their grievances
the side of the Chilean State and that of the Mapuche. In delegitimized in Chilean popular opinion. There is fault
Chile the indigenous population, the majority of which are on either side, despite their mostly legal demonstrations
Mapuche, have suffered because of the government’s and protests some Mapuche have resorted to violence
development policies, and “while the living standards of and illegal means, however the move into illegality has
the rest of the country continue to improve, Mapuche in been more out of desperation to be heard by their
the south live in an impoverished enclave.”4 This disparity country rather than a desire to provoke the government.
has helped to foster an age-old “us and them” socio- If the government desires the Mapuche to act completely
political disaccord between the Mapuche and the Chilean within the law it must take steps to normalize normalize

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relations with the Mapuche. The first should be to governments to consider human rights in policy making
stop trying Mapuche under the Terrorism Act and as it concerns Chile because “states not only care about
“the government should publicly recognize that their material well-being, but also about their
despite the criminal nature of some Mapuche actions, legitimacy (that is, their normative standing) among
many of their protest actions are lawful and in both domestic society and foreign states. As a result,
response to legitimate social demands.”5 The vigorous efforts to shame noncompliant states can
Mapuche on the other hand could continue to fight produce important changes in the targeted state even
for their rights and work to organize their in the absence of overwhelming economic sanctions or
communities within the law, as in the case of the military force.”7 Chile has no doubt come a long way
Consejo de todas las tierras in Temuco and the newly from the days of mass human rights violations but if it
formed Escuela Autogobierno Mapuche (Mapuche hopes to “to maintain and legitimize its democratic
Self-governance School). To diffuse their message credentials the state must not only cease to violate but
abroad the Mapuche should invite more international also begin to create the necessary conditions so that the
groups to their communities such as the students basic human rights of all members of society are
from MIIS, Amnesty International and Human Rights safeguarded.”8 The Mapuche are an integral part of
Watch because “most governments respond to Chilean history, culture and society and there is nothing
human rights pressures because they care about their to say that both the state and the Mapuche could not
legitimacy in both the domestic and international find legitimacy if the right steps are taken
arenas.”6 Foreign groups need to publish what the collaboratively.
Chilean media refuses to publish and pressure other

Notes:

1. Human Rights Watch. The Limits of Tolerance: Freedom of Expression and the Public Debate in Chile. (New York: Human Rights Watch, 1998) 4.
2. Linz, Juan. The Breakdown of Democratic Regimes: Crisis, Breakdown, and Re-equilibration. Vol. 1 of The Breakdown of Democratic Regimes, edited by
Juan Linz and Alfred Stepan. (Baltimore, MD: John Hopkins University Press, 1978) 16.
3. Charles Boix and Susan C. Stokes, ed. The Oxford Hanbook of Comparative Politics. (New York, NY: Oxford University Press, 2007), 238.
4. Human Rights Watch, “Undue Process: Terrorism Trials, Military Courts, and the Mapuche in Southern Chile,Human Rights Watch 16, no. 5, 2004), 1.
5. Bialostozky, “The Misuse of Terrorism Prosecution in Chile,” 95.
6. Hawkins, International Human Rights and Authoritarian Rule in Chile, 27.
7. Hawkins, International Human Rights and Authoritarian Rule in Chile, 172
8. Alexadra B. De Brito, Human Rights and Democratization in Latin America: Uruguay and Chile (New York, NY: Oxford University Press, 1997), 223.

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About Lonko Juana Calfunao


Lonko Juana Calfunao is the leader of the
Juan Paillelef community and is an activist
in the struggle to recover land belonging
to the Mapuche people,which has been
occupied by neighboring landowners as
well as the Chilean state. She is a victim of
violent political persecution and her
situation is one of the most serious cases
of human rights violations in Chile. She is
truly an inspiration and seminar
participants were fortunate to meet her.

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Drawings by Lonko Juana Calfunao


‘Defending lands, defending rights, defending women’

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‘Rooted in the land, the Mapuche live


to defend nature’

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The Dynamics of Development


Jennifer Billings
interested in the benefits of a particular business model.
Mapuche groups did not intentionally join this business
Posh, prudent, and pricey, from the prosperous to the model, but from my observations, the modus operandi of
impoverished, development semantically and these groups, to protect the environment, is an incognizant
practically hinders and helps millions. The definition of advancement of Mapuche social rights within an economic,
development, though static has proved malleable in social, political system that is inherently business
practice: a discovery noted from extricable pockets of oriented. One of the advantages of this approach is that it
development projects that become floor scraps before does not encroach on Mapuche identity, and it allows them
their dollars can make sense. Contemporary an appropriate medium to fight for their rights as a people
development organizations, programs, goals and group. In other words, the Mapuche can now operate
metrics follow a neoliberal structure with a twist of within a neoliberal system without losing their identity
grace. The incorporation of the business sector into (Mapuche individuals do not have to become lawyers or
development efforts yields innovative results. People businessmen/ women to resolve inter-cultural issues and
groups typically targeted, as recipients of development obtain human rights).
projects, are often savvy to their role within the
The Escuela de Autogobierno (Self-Governance School)
development system. Furthermore, these groups have
established by Mapuche communities in January 2009
developed strategies, independent of outside influence,
reinforces the autonomy of the Mapuche with respect to
that utilize business system models to further their
the fight for social rights and the maintenance of
own interests. The Mapuche of southern Chile are one
indigenous identity. As the Mapuche become more socially
such example. A new business model for
united and fulfill community needs, the hope is that they
environmentally sustainable enterprise involves the
will continue to innovatively advocate for their social
overlap of economic, social and environmental sectors.
rights in a way that is most appropriate for them. Through
Through process of elimination, the Mapuche have
self-advocacy, the Mapuche will actively participate in the
discovered that the optimal path to secure their social
process of development, without falling victim to wayside
rights is to function within this sustainable business
projects that inadvertently neglect their needs. If Mapuche
model. Through advocating for environmental
communities continue to equip themselves and operate in
protection, Mapuche members are fighting for their
a way both congruent to the modern world, yet distinctly
social needs; and because advocacy for environmental
indigenous, they will prove themselves worthy of
protection now often overlaps with greater social and
incorporation into a global system on their own terms
economic interest, Mapuche efforts can appeal to
rather than experience an incommodious integration by
powerful leaders (whether they be in business,
external forces. Now that promises progress for
environmental groups, or governmental groups)
development.

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Picture above taken by Dave Moorer

Meeting the Mapuche on Their Land


Student Reflection by Dave Moorer

We have already been in Chile for have been victims of marginalization Mapuche nation. The word
over a week and we are having an and severe discrimination for over Mapuche originated centuries ago.
amazing experience. Over the past 500 years. Though this discrimination Che means people and Mapu
few days we have been traveling remains, they successfully fought back means the land, thus the Mapuche
around to various communities but both the Incas and the Conquistadors are literally "the people of the
we are back in Temuco now for a and in some manner, the economic land." We first arrived at
couple of nights. We just attended a policies of the past few decades. It Lonquimay where the Mapuche in
Mapuche community meeting of the goes without saying that they have a this area are known as Pewenche.
at the Consejo de Todas las Tierras history of being fierce and formidable We met the lonko (leader) who is
where Judge Juan Guzmán spoke warriors. We have thus far visited five a very grounded and humble
passionately about the need for self- local Mapuche communities leader yet has an obvious vision
determination of the Mapuche throughout the Araucania region in for autonomy for both his local
people. While the Mapuche have Southern Chile. All of them appear to community and the larger
inhabited the area in Chile and have their own characteristics, though Mapuche population.
Argentina for over 10,000 years, they all fit under the umbrella of the
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They have a very strong connection to with impunity and any cases brought contamination by paying off some of
the Kuñe (mother earth) and to the against them are found to be in favor the locals with huge monetary
forces of nature. In the Mapuche flag, of the police. Another community, settlements, pitting them against
there is a circle with four elements of Mininco, has had their water their neighbors who are receiving
the universe: stars, moon, sun and reservoir contaminated by a nearby no offer of reparations. On a lighter
wind. They are very proud people and factory called Celulosa that makes note, we entertained the community
have welcomed us all with open arms paper and other products. Over the in Mininco with a group
and much generosity. One of the last three years many of their cows performance of "I Will Survive,"
women gave a large jar of honey to a have been born with birth defects or which seemed very appropriate for
member of our group, and we have born prematurely. At least three of the event. We were also serenaded
consistently enjoyed it over breakfast the children have had serious by some of the lovely young women
and dinner. While we are learning problems with diarrhea since and their male guitarist who sang a
about the Mapuche way of life and drinking the contaminated water. couple of beautiful tunes with
building relationships, Judge Guzmán The government agency monitoring personal religious meanings. We
has been meeting with various and regulating these environmental stayed the night in Mininco and set
Mapuche communities and has concerns seems to favor the off at 6:00 a.m. heading for Lieu
defended them against many different corporations, thus leaving little room Lieu, 80km down the roughest road
charges. From what we understand, for recourse. Given these grave in Chile. After two site visits, one in
most if not all of these charges have concerns, Judge Guzmán has been Pascual Koña and the other in
been made up charges by the searching for possible legal actions Choque, we returned to a crystal
Caribiñeros (national police). We to make reparations for the damages clear lake that called each of our
interviewed a man who had lost his caused by the pollution. It sounds names. It was a perfect location
right eye from being shot by the just like Monsanto all over again. surrounded by beautiful and
Carabiñeros about two years ago. He The corporations that are based in grandiose forests, despite obvious
said there was no trial or much due Chile operate with impunity, and signs of deforestation. So far we
process involved regarding his case. would rather spend money to get have experienced an amazing
Unfortunately, the Caribiñeros operate around addressing the solution of adventure in Chile!

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Photographs by Dave Moorer

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A Lasting Impression with the companies that now use their land. It
John Billings seems that Chileans, for the most part, do not view
the Mapuche favorably. Our group met many
My original assumptions were turned upside down Chileans with racist tendencies who have little
when I went to Chile. In Chile, I witnessed the respect for the Mapuche. The Mapuche are often
difference between theory and practice, and I also labeled negatively and those Mapuche leaders
observed a culture very different from my own. The who stand for their rights are often mistreated. I
heritage of the Mapuche is quite different in the believe it is here, within the eye of the Chilean,
sense that the community is highly valued. An that the Mapuche people must struggle and work
individual represents his community, and the to gain ground. If the Mapuche are seen as fellow
community advances or retreats together. men and women, whose passions and desires are
Furthermore there is a deep connection to their seen as equally important to those of other
land. It is deeper than what I, and probably most Chilean’s, then it is much more likely that the
people raised with Western ideals, can understand. Mapuche will live with peace and respect on their
Outsiders from across the world, who view the land.
earth as a resource and seek to profit from it have
Though I am sure there have been previous
bought the land that the Chilean government has
attempts to achieve the respect and understanding
solicited to them. These companies do not
of the Chileans, the Mapuche must continue this
comprehend the Mapuche way of life and taking
battle. This is the most challenging battle for the
into account their concerns would require a great
Mapuche – that is, the fight for respect of the
deal of effort on their part. This is an unfortunate
Chilean majority. In the past, the Mapuche
disconnect since the Mapuche’s soul connection
withstood every empire that crossed their paths,
involves the land from which the outsiders wish to
from Incas to Spanish. Yet, they fight a very
seek profit. It will take much empathy for these
different battle now, one of respect and
outsiders to begin to understand and fight for the
recognition. In this regard, it is not against the
Mapuche’s cause.
Chilean people that the Mapuche fight, but against
Sadly, it was the government that first invited these disrespect, and the conventional lack of care and
companies to buy the land owned by the Mapuche. If understanding. It is hopeful that a gained respect
the government does not change its policy toward for the Mapuche will transform their former
these indigenous groups, these ancestral enemies into loving allies, from winka to pene. It
misunderstandings will cause continual land is, after all, through respect and love that our
conflict. The Mapuche realize this; they know group, all winka, were welcomed as pene by every
overarching war involves obtaining respect from wonderful Mapuche community that we visited.
the Chilean population, while their daily battles are

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Sustaining the Human Rights Movement (1973-Present)


Rebecca Walters utilized its public authority and international linkages
to insulate them from obstruction by the regime.
This reflection on the long-term sustainability of
Although the Comite para la Paz was dissolved at the
Chile’s human rights movement during the Pinochet
personal request of Pinochet, Cardinal Silva created
era was first conceived on January 20, 2009 in
the Vicaria de la Solidaridad in January 1976 as an
Santiago as a deliverable for the three week
official - and, therefore, untouchable - branch of the
practicum on Transitional (In) Justice. But that’s not
Catholic Church. The Vicaria established a platform
the story I’ll tell. I'll never forget the feeling of
for documenting human rights issues, communicating
isolation and helplessness, of hearing snippets of
with international organizations, receiving needed
news about the 2009 Gaza conflict, which left
social services, and empowering communities
thousands of civilians dead. I began to wonder within
through civic participation.
the context of the Chilean state: how does a human
rights movement perpetuate itself during These human rights interventions adapted to the
dictatorship and military occupation? amount of political-social space the regime allowed -
organizing through churches, secular associations,
The Chilean Catholic Church assumed a pivotal role
and when the moment was ripe, on the streets in the
in the human rights movement following the
1980s. Catholic Church-sponsored organization such
September 11, 1973 military coup. Ecumenical
as COPACHI and La Vicaria created protected
human rights organizations such as Comite de
platforms for non-violent resistance in Chilean
Cooperacion para la Paz en Chile formed immediately
society. Individuals could express their social and
after the coup, providing legal, economic, and social
political activism with a degree of safety. In this
services to the marginalized and vulnerable segments
manner, under the careful watch of the Catholic
of Chilean society. These organizations flourished
Church, the consent of the subjects was withdrawn
under the protection of the Catholic Church, which

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Finally, the Chilean human rights movement embodies


over years and decades from the military
the saying, “The whole is greater than the sum of its
dictatorship; the legitimacy of the undemocratic
parts.” Political, social, and civic mobilization during
Pinochet regime was undermined by popular
the Pinochet regime was complex, nuanced, and multi-
resistance. Indeed, the vigorous, detailed
level, merging neighborhood initiatives, legal aid
documentation of human rights abuses committed by
services, economic assistance, popular protests, and
the Pinochet regime provided an avenue for speaking
international human rights campaigns by Amnesty
truth to power. The Catholic Church and other
International, the United Nations, and the
organizations channeled this grass-roots information
Organization of American states. International donors
to international NGOs, communities, and other
and human rights organizations provided funds for
interested parties. And the meticulous testimonies
social, legal, and community service provision. The
and evidence gathered by the lawyers of La Vicaria de
Chilean human rights movement arguably would not
la Solidaridad assisted transitional justice efforts,
have sustained itself in the absence of collaboration
leading to the indictment of Pinochet by Judge Juan
and intersection between these forces – and the
Guzman in 2004 and the successful prosecution top
diversity of interventions ensured its long-term
level officials.
success.

Photos taken by Michelle Seivers

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Chile Practicum Agenda


“Transitational Injustice”
January 5-20, 2009 Thursday January 15, 2009
Friday January 9, 2009 • Visit and lunch with the
Monday January 5, 2009 • Arrival in Temuco community of Malalhue:
• Visit to Villa Grimaldi • Meeting at the Consejo de Inauguration of La
• Lecture at the university Todas las Tierras Escuela del Autogobierno
with Dr. Jan Black: “Limited • Accommodation in Temuco • Accommodation in
Democracy and the Slide into Valdivia
Dictatorship” Saturday January 10, 2009
• Visit to the city center • Visit and lunch with the Friday January 16, 2009
community of Roble Huacho • Visit and lunch with
Tuesday January 6, 2009
• Visit with the community of community of Mehuin
• Lecture with Judge Juan Boyeco • Visit to local blueberry
Guzmán: “Demographic and
• Meeting with La Machi farm owned by James
Sociological Development
• Accommodation in Mark
and Class Delineation”
Lonquimay • Accommodation in
• Film: Machuca Valdivia
• Visit to La Cases de Neruda: Monday January 12, 2009
La Chascona
• Visit to the Conguillío Saturday January 17, 2009
Wednesday January 7, 2009 National Park and the Llaima • Visit with Juana Calfunao
• Film: “El Juez y el General” Volcano at the Temuco jail
• Lecture with Jugde Guzmán: • Visit and dinner with the • Night return to Santiago
“Judging Pinochet” and “The community of Valle
Transition from a Huelehueico in Mininco Monday January 19, 2009
Dictatorship to a Democracy” • Accommodation near Mininco • Guest Speakers:
• Lecture with Dr. Jan Black: Gabriela Zuniga: “Human
“Transition-Obstacles and Tuesday January 13, 2009 Rights Movement”
Opportunities • Early arrival in Lleu Lleu Wilma Perez Huenupe:
• Film: “El Diario de Agustín” • Visit and lunch with the “Rights of Indigenous
community of Pascual Coña Peoples”
Thursday January 8, 2009 • Visit with the community of Lorenzo Morales:
• Visit to the Pre-Colombian Choque “Indigenous Human
Museum • Accommodation in Lleu Lleu Rights”
• Guest Trainers-Mapudungun
Domingo and Ignacio Wednesday January 14, 2009
Calfucura • Visit to La Escuela para el
• Visit to La Victoria Autogobierno in Temuco
• Accommodation in Temuco

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Practicum Coordinators
Cameron Hunter Lejla Mavris Jan Knippers Black
Global Majority Global Majority MIIS Professor in Human Rights
Executive Director/Board of Program Directors/President and Latin American Politics
Directors
Lejla Mavris is a founding member Jan Black’s areas of expertise
Cameron Hunter has an MBA and an of Global Majority. She was the include Latin America politics,
MA in International Policy Studies executive director of Global human rights, and international
with a specialization in Negotiation Majority in 2006-2007 and development. She holds a PhD in
and Conflict Resolution. She joined currently is the Programs Director. International Studies and an MA
Global Majority in 2005 working for Lejla received a Master’s degree in in Latin American studies. Her
the local education and training International Policy Studies and a international experience includes
program. Originally from Santa Certificate in Conflict Resolution Senior Associate Membership at
Ynez, CA, she received her BA from from the Monterey Institute of St. Antony’s College, Oxford
UC Berkeley in English Literature. International Studies in California, University; Fulbright, Mellon and
Prior to her position with Global with further training in conflict other grants and Fellowships in
Majority, Cameron worked as a analysis through United States South America, the Caribbean, and
researcher for the Center for Institute of Peace. For over five India; on-site or short-term
Nonproliferation Studies and editor years now, she teaches students teaching and honorary faculty
of the GLOBE Management Review and teachers of Monterey County positions in several Latin
in Monterey; intern at the Palestine and advocates for incorporating American countries, and extensive
Israel Journal in East Jerusalem; conflict resolution education to overseas lecturing and research.
horse trainer in southern Portugal; public school curriculums. She is She has also been a Peace Corps
and with Mother Teresa's Home for also a trainer of international Volunteer in Chile and a faculty
Abandoned Children in Delhi.She negotiation and mediation skills member with the University of
has studied, worked and traveled in and has conducted such trainings in Pittsburgh’s Semester-at-Sea
Japan, Russia, Africa, India, Europe various cultural and regional Program. Jan was a research
and the Middle East. Her recent settings in Costa Rica, Cyprus, professor in the Division of Public
publications involve issues facing Czech Republic, Jordan, Nepal, and Administration, University of New
Iraqi scientists and academics the US. Previously, Lejla worked at Mexico, and editor and research
during the reconstruction of the the United Nations Refugee administrator in American
state published by the Nuclear Agency's Evaluation and Policy University’s Foreign Area Studies
Threat Initiative, as well as articles Analysis Unit office in Geneva for Division. She has also served on
advocating negotiation between the International Professional some two-dozen international
Israel and Palestine for the Ma'an Service Semester, publishing her editorial and NGO boards.
News Agency. work on refugee smuggling and
migration. Lejla is originally from
Sarajevo, Bosnia.

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Practicum
Participants
Axel Allen
MIIS- International Negotiation

Cory Belden Jennie Konsella-Norene


MIIS-International Development MIIS-International Development

Craig Belden Daryl Lambert


MIIS-International Trade Policy MIIS-PCMI International Management

Jason Digiacomo Josh Lease


NPS-Foreign Area MIIS-Human Rights

Jennifer Billings Ashkin Merrikh


MIIS-International Development MIIS-MBA

John Billings David Moorer


Private Contractor-Software MIIS-Human Security
Engineer
Luniya Msuku
Marja Byekirova MIIS-Conflict Resolution
MIIS-International Development
Michelle Seivers
Leah Cassidy MIIS- Human Rights
MIIS-Human Rights
Joni Seeber
Otto Hanson MIIS-Environmental Protection
MIIS-MBA: Development in L.A.
Robert Sousa
Nate Hughes MIIS-International Policy Studies
MIIS-MBA
Rebecca Walters
Lindsay Kreslake MIIS-Conflict Resolution
MIIS-Non-Proliferation

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sit amet,
consectetuer
adipiscing elit.

Recommended Readings and Resources


Books: Movies:

1. Angell, Alan. Democracy After Pinochet: Politics, Parties, The Judge and The General
and Elections in Chile. Washington, D.C.: Brookings Machuca
Institution Press, 2007. El Diario de Agustín

2. Black, Jan. The Politics of Human Rights Protection: Online Resources:


Moving Intervention Upstream with Impact Assessment.
Maryland: Rowman and Littlefield, Inc., 2008. Mapuche Blog:
http://comunicacionesmapuchejvfkenmapu.blogspot.com/
3. Black, Jan. Latin America: Its Problems and Its Promise.
Mapuexpress Informativo Mapuche:
Boulder: Westview Press, 2005.
http://www.mapuexpress.net/
4. Burbach, Roger. The Pinochet Affair: State Terrorism
and Global Justice. London: Zed Books, 2004. Revolver Online Magazine. La Victoria, Santiago: Under
a Rough Exterior, An Inspiring Neighborhood.
5. Constable, Pamela, and Arturo Valenzuela. A Nation of http://www.revolver-magazine.com/travel/59-
Enemies: Chile Under Pinochet. New York: W.W. Norton, travel/267-la-victoria.html
1991.
The San Francisco Examiner. Considering Human Rights
6. Guzman Tapia, Juan. En el Borde del Mundo: Memorias in Foreign Policy: The Mapuche Community in Chile.
del Juez que Proceso a Pinochet. Barcelona: Anagrama, http://www.examiner.com/x-5249-SF-Foreign-Policy-
2005. Examiner~y2009m3d17-Considering-human-rights-in-
foreign-policy-the-Mapuche-community-in-Chile
7. Kornbluh, Peter. The Pinochet File. New York: The New
Press, 2003. Centro de Estudios de Derechos Humanos, Universidad
Central.http://www.ucentral.cl/prontus_ucentral/site/
8. Wright, C. Thomas. State Terrorism in Latin America:
artic/20081103/pags/20081103151200.html
Chile, Argentina, and International Human Rights.
Boulder: Rowman and Littlefield, 2007.

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