The two souls within the group of constituents with reserved seats is known and it was evident from day one, when they divided waters between the candidacy of Elisa Loncon and Isabel Godoy for the presidency of the Constitutional Convention.
The second sample was regarding the form of the Indigenous Consultation. First, the proposal of the group of constituents had been approved, including Natividad Llanquileo, the machi Francisca Linconao, Eric Chinga, Wilfredo Bacián and Isabel Godoy herself, among others, who are part of the Plurinational and Popular Constituent Coordinator. However, the group that includes President Elisa Loncon, Adolfo Millabur and Tiare Aguilera, among others, presented a substitute indication that ended up prevailing over the previous one.
The first proposal followed the characteristics that the consultations carried out by the State usually have, and included proposals for a constitutional rule. The one that prevailed, no. This has a system of didactic files to consult indigenous peoples, which – in the opinion of its detractors – may fall into the danger of being more of a participatory process than of consultation itself. Its promoters argued that the difference is not in substance but in form.
The truth is that time is against it and within the reserved seats they fear that, with the calendar on top, it will become complex to have a consultation as expected. Thus, time, resources and differences due to methodology are the main knots. It is precisely in this scenario that the Plurinational and Popular Constituent Coordinator decided to nominate the Diaguita constituent Eric Chinga for the presidency of the CC and, as deputy vice president, Natividad Llanquileo.
In a column published by The counter On December 8, Llanquileo affirmed that, if the substitute indication is not supplemented, “the international obligation to consult is violated and the formation of binding agreements is impeded. If this is not corrected, vices can be claimed before the ordinary courts of justice and the international human rights organizations, because the obligation to consult the measures likely to affect the Peoples is breached. “
Meanwhile, in the Mapuche Lafkenche Congress, held in the middle of this month, support was given by this sector of indigenous peoples to the current consultation methodology. As quoted Ciper Chile, within the framework of that Congress, the constituent Adolfo Millabur said that the idea is that “those same contents are presented not in the form of constitutional norms, with articulations, but in a descriptive way, in such a way that we overcome this custom that is has installed in the Chilean State every time he makes a query (…), which goes with the documents drawn up (…), only to ask if he likes it or not, but we have not had the possibility to say, we, if it is that we don’t like, in what way could things change ”.
The hard blow was dealt by the Mapuche constituent Victorino Antilef, now former coordinator of the Commission on the Rights of Indigenous Peoples and Plurinationality of the CC, who resigned on December 27 with harsh statements.
“I have found myself at the crossroads of coordinating a Commission that intends to promote a consultation process that has acquired contours that represent a precedent danger for future consultation processes and a setback in the struggle of the peoples in search of their dignity, by transforming flagrantly the obligation of the State to consult the administrative and legislative measures likely to affect indigenous peoples, in a mere process of participation through files, which, no matter how didactic they are intended, do not comply with international standards neither in form nor in content ”, He pointed.
His decision further strained things between the reserved seats and in general within the Convention, which will have a few months to be able to put this consultation process into practice, which for reserved seats is key to be able to save.
The mess of the silver
This Thursday, the Government, through the Segpres, officiated at the Budget Office (Dipres) to transfer $ 800 million, which had been delivered to the CC for allocations, to the citizen participation item, where the indigenous consultation is located.
It was on December 6 when President Elisa Loncon said that “indigenous participation and consultation is at risk, because we do not have the resources to carry it out, because we do not have the collaboration of the constituted power to carry out indigenous participation,” which meant a crossroads of declarations with the Government.
At that time, the Executive assured that there was never a specific request from the CC table regarding resources for this consultation, and the request for money made by the constituent body during the discussion of the 2022 Budget, between October and November, was presented. when neither the methodology nor the activities of the Consultation had yet been settled.
Victorino Antilef himself, in his statement on Monday, claimed that the members of the Secretariat for Indigenous Consultation “do not even have guaranteed minimum labor rights, such as receiving remuneration for such important work, time and dedication, which this just cause requires. , nor the necessary conditions to carry out their functions ”.
“Given the alleged lack of resources, an attempt has been made by certain teams of constituents to fully deliver this consultation process to private entities, such as foundations, avoiding the obligation of the State to implement and execute the indigenous consultation, leaving both the procedure, results and information of the communities and territories in the hands of agents who do not necessarily have the required cultural relevance, nor the trust of the communities or territories, “he added.
Until now, the constituents of Indigenous Peoples are exploring collaborative work to be able to meet deadlines, such as the support of municipalities, among other spaces.
