European Union - Chile Agreement: Where do human rights fit in?

06/02/2003
Report

The FIDH has acknowledged the unanimous vote by the Foreign Affairs Committee in favour of the EU - Chile Association Agreement. Our organisation and the Committee for the Defence of People’s Rights (CODEPU - a Chilean association affiliated with the FIDH) hope nonetheless that such a result is not indicative of a vote in plenary where no discussion would take place, particularly regarding the human rights situation in this country.

Indeed, it would be extremely disappointing and would set a negative precedent if the European Parliament did not give the human rights clause in this agreement its full importance.

More particularly, the issue on the rights of the Mapuche minority merits all the Parliament’s attention.

The FIDH carried out an international fact-finding mission in Chile from April 21 to May 1, 2002. The objective of this mission was to analyse the human rights situation of the Mapuche communities which, according to sources, make up between 4.4% and 13% of the Chilean population. The report of this particular mission is attached (in Spanish; the French and English translations are in progress): "Mision internacional de investigacion en Chile: Pueblo mapuche: entre el olvido y la exclusion".

In this report, the FIDH examines the conflict between forestry and electricity-producing companies and the Mapuche people. Forestry companies now own ancestral Mapuche lands. The Mapuches have taken legal action and begun non-violent occupation in order to get these lands back. The electric company ENDESA, wants to build a hydro-electric dam in the upper Biobío, which would have disastrous consequences both for the Mapuche culture and the environment of the zone.

The situation of the Mapuche people is all the more worrying as they are subject to repression by the companies’ private security groups and by the police. Unfortunately, several people have been killed and wounded. Legal action has been taken against the Mapuche people, especially the leaders, and several of them have been imprisoned after legal proceedings that were riddled with irregularities.

The FIDH welcomes the mention made to the Mapuche minority in the explanatory statement of the report by Mr. Salafranca, as well as the encouragement given to Chile to ratify the Status of the International Criminal Court.

The FIDH and the CODEPU nevertheless feel that human rights deserve a stronger commitment in particular by the European Parliament, in order to ensure a true follow-up to these issues.

The FIDH also regrets that the European Parliament did not take the time to study the contents and the conclusions of the study carried out at the request of the European Commission. This study was entitled "Sustainable Impact Assessment (SIA) of the trade aspects of negotiations for an Association Agreement between the European Communities and Chile" (final report October 2002) . These conclusions mention in particular:

" 22.2 Social
In terms of overall equity, inclusion in the usual economic processes through employment will be an important step for many people. However, existing inequalities in terms of practical rights and access to social and economic opportunities will not be challenged by the impact of the agreement. In some situations, such as small farming, artisanal fishing and forest-based Mapuches, there is a risk that their already precarious situation will be worsened. Women’s access to employment, to capital, to land rights on equal terms is not yet universally achieved. While employment in some sectors where women are employed, such as food processing, will increase, no necessary change is created by the agreement to the pre-existing inequalities. Indigenous peoples suffer from the same existing small farming problems as other people. Forest-using indigenous peoples consider that their lands are being encroached upon by increased commercial forestry, although the increase in forestry is expected to be modest. Depending on the electricity generating strategy chosen by Chile, they may or may not be negatively affected, although such a negative impact is not a necessary consequence of the EU-Chile agreement.

22.3 Environmental
Increased industrialisation implies negative scale effects that for air, water and land quality generally outweigh benefits from technique effects. Land and water quality are also affected negatively by agricultural intensification.

The major sustainability issues that affect agriculture concern the intensification of commercial agriculture.

22.4 Mitigation and Enhancement

The overall impact of the EU-Chile Association Agreement will benefit Chile by reinforcing existing growth trends. But at the same time, pre-existing social and environmental issues might require additional flanking measures to ensure that the people of Chile enjoy the full benefits of the agreement. "

The FIDH warmly welcomed these steps taken by DG Trade of the European Commission in 1999. Although the principle is interesting and deserves to be examined more deeply, its success however, requires that the conclusions of these studies be taken into consideration by the parties to the Agreement and that they lead to an eventual reorientation of the policies carried out.

The FIDH regrets, therefore, that the European Parliament did not use the opportunity of the vote of assent to take this step and in this way give its agreement with full knowledge of the facts.

As a consequence, the FIDH is requesting that the European Parliament:
 put questions to the Council and the Commission on the implementation of the Agreement to come (particularly the human rights clause), on consideration of the Sustainable Impact Assessment conclusions and on the possible impact of the Agreement on the Mapuche minority.
 seriously take into consideration the issue of Mapuche minority rights in Chile and to commit itself to pursue the follow up of this issue with its Chilean partners.

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