Without making prior consultation Chile Senate closes within indigenous constitutional signs
intespestivo So, without public discussion was closed indications within the controversial constitutional reform bill which limits the rights of indigenous peoples. The incident occurred on Tuesday, September 1, 2009. The Executive urgently assigned the processing.
The draft constitutional reform was not on the agenda of the plenary session of the Senate, but by an official of the executive, was introduced in the session table. Simultaneously adopted an agreement fulminant committees.
opened under the agreement a "special period" indications for the project, which began and ended on the same day. Thus the Executive introduced a new text which slightly modifies the proposed constitutional reform. The move closed the period taken for indications amendments to the project.
DEADLINE FOR DIRECTIONS AND THE DUTY TO CONSULT
be recalled that the official deadline for indications had expired on 30 July 2009. That period had been approved by the Senate on April 7, 2009, when approving the "idea of \u200b\u200blegislating." The purpose of the deadline, which had been revonado on two occasions was able to give time to implement a process of consultation with indigenous peoples, applying Article 6 of the Convention No. 169.
However, during the months of April to July, the Senate did not conduct any activity intended to comply with its duty to consult. In his lugarm the Executive, through the now abandoned "Presidential Commission" displayed a diffusion process of the text of the draft constitutional reform on indigenous communities, and solicited opinions and proposals. In this unique process is called "consultation."
"Consultation of the Commissioner" was challenged by indigenous organizations for failing to meet the essential requirements of the institution of consultation, and because the state party should be the Congress and not an agency of government.
CONSULTATION WITH THE COMMISSIONER: IRREGULAR AND IRRELEVANT
The results of this "refers to the Commissioner" were compiled by the Executive and sent to the Senate Constitution Committee, to take into account the time to resume the study of reform project.
The Constitution of the Senate Committee had scheduled a meeting for Wednesday, September 2, in order to further study the project. However, all was resolved with the resolution adopted on September 1, 2009.
In practice, the Senate gave not only satisfy the duty to consult indigenous peoples, and the Executive also took into account the results of the "consultation of the Commissioner." Confirmed so criticism that had been made to this irregular process, which had been described by various indigenous organizations as a measure distracting and irrelevant. The new indication
entered by the executive is the same text presented on April 7, 2009, and which now are added some editorial changes, that in no case can arise as a result of the "consultation of the Commissioner"
TEXT OF THE NOTE OF EXECUTIVE
indication
admitted on September 1, 2009
"1) replaces Article 4, by the following:
"Article 4 .- The State recognizes the existence of indigenous peoples living in its territory and their right to preserve, strengthen and develop their identity, culture, language, institutions and traditions and participate in economic, social , political and cultural life in the manner established in the national legal order, the right to be exercised by communities, organizations and members of these communities.
Indigenous peoples may organize your life according to their customs, in accordance with the Constitution and laws .".".
SIDE EFFECTS OF REFORM Inconsult
The new text remain unchanged The main adverse effects of this reform:
- Unknown pre-existence of indigenous peoples as collective subjects prior to the state.
- are unknown to international standards on indigenous peoples' rights, and ILO Convention 169, reducing the rights of indigenous peoples to cultural and social short-list, subject to what is established in the Chilean legal .
- was tacitly denied the status of indigenous peoples as entities capable of exercising their collective rights, reducing the exercise of rights only to indigenous individuals and communities, indigenous organizations formed under Chilean law.
- Introduction of a complete subordination of life of indigenous peoples, to the Chilean standards.
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