92002E3633

WRITTEN QUESTION E-3633/02

by Miquel Mayol i Raynal (Verts/ALE) to the Council

(17 December 2002)

Subject: Association Agreement between the EU and Chile and respect for the rights of the Mapuche people

On 18 November, an association agreement was signed between the EU and Chile. It includes a clause concerning respect for human rights. The second point in the chapter devoted to political dialogue states that The main objective of the political dialogue [] is the promotion, dissemination, further development and common defence of democratic values, such as the respect for human rights [].

Chile is the only country in the whole of Latin America which does not recognise the existence of indigenous peoples. Their rights particularly those of the Mapuche people are far from being respected and protected. Moreover, the Chilean Government refuses to ratify the International Labour Organisation's Convention 169 of 1989 concerning Indigenous and Tribal Peoples. The police have committed numerous acts of arbitrary violence against Mapuche communities, and these acts have often gone unpunished.

The Agreement also states that one of the principles by which it has been inspired is sustainable development. Natural resources are being blindly exploited in the territory of the Mapuche people. In addition, many environmental conflicts exist, such as those arising from the deforestation of a large part of Mapuche territory and the construction of dams in the Pehuenche area of Alto Bio-bio. The planned Ralco hydroelectric power station will require 3 500 ha of ancestral land to be flooded, violate indigenous law and involve the removal, in some cases against their will, of Mapuche-Pehuenche families.

The Council:

- is it aware of the situation of the Mapuche people and the possible violation of their rights and territory by the Chilean State?

- might it include the political and social situation of the Mapuche communities in the agenda for the political dialogue at the time of entry into force of the Agreement, in an effort to induce the Chilean Government to change its policy towards indigenous peoples?

- will it invite Mapuche representatives to the political dialogue provided for in the Association Agreement?

Reply

(5 and 6 May 2003)

1. The European Union is aware of the Ralco-problematics and is following the developments closely.

2. The EU-Chile Association Agreement was signed on 18 November. According to paragraph 3 of Article 198, some of its provisions may be provisionally applied from the first day of the month following the date on which Chile and the EU have notified each other of the completion of the procedures necessary for this purpose. However, Articles 12 to 15 concerning the political dialogue will only enter into force once both Parties have concluded their ratification procedures.

The Council does not need to wait for the entry into force of the Association Agreement to discuss with Chile political issues and in particular questions concerning the violation of human rights. The EU Council on the basis of the existing Joint Declaration on political dialogue annexed to the EC-Chile Framework Co-operation Agreement

of 1996 holds regular political dialogue meetings at different levels with the Chilean authorities. If necessary, it will not hesitate to raise with them any questions concerning serious violations of human rights in general or any specific case of violation of indigenous peoples' rights.

3. Neither the above Joint Declaration annexed to the 1996 EC-Chile Framework Co-operation Agreement nor the EU-Chile Association Agreement's provisions on political dialogue explicitly foresee the participation of representatives of the civil society in the EU-Chile political dialogue. According to the existing applicable rules, the EU-Chile political dialogue was institutionalised between the two Parties at the level of the President of Chile and the highest EU authorities, between Foreign Ministers or other Ministers and senior officials of both Parties. It is however up to each Party to decide on the composition of its delegation, which may if necessary include representatives of its civil society.

It is also recalled that Article 11 of the Association Agreement foresees the possibility for the Parties to promote regular meetings of representatives of the Chilean and EU's civil societies, including the academic community, social and economic partners and NGOs, where questions like the one raised by the Honourable Parliamentarian may be examined.

At its meeting on 11 November 2002, the Council recalled its strong commitment to the Resolution of 30 November 1998 on indigenous peoples within the Framework of the Development Co-operation of the Community and the Member States. At that occasion, the Council also considered that the concerns of indigenous peoples could be integrated into the political dialogue with partner countries, and that partner countries could be encouraged to foster intercultural dialogue and co-operation.