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| Indigenous Law No. 19.253 | |
|---|---|
| Title | Indigenous Law No. 19.253 |
| Enacted | 1993 |
| Jurisdiction | Chile |
| Status | in force |
Indigenous Law No. 19.253 is a Chilean statute enacted in 1993 that establishes legal recognition, rights, and institutional arrangements for Indigenous peoples within the Republic of Chile. The law created mechanisms for collective rights recognition, land titling, cultural protection, and administrative bodies to implement Indigenous policy. It interacts with national instruments such as the Chilean Constitution, international agreements like the ILO Convention No. 169, and regional actors including the Inter-American Commission on Human Rights.
The legislative origin of the law traces to debates in the Chilean Congress and initiatives from Indigenous organizations including the Asociación de Comunidades Indígenas and the Consejo de Todas las Tierras. Political support during the administrations of Patricio Aylwin and Eduardo Frei Ruiz-Tagle intersected with proposals from the Ministry of National Assets and the Ministry of Planning (Chile). Key parliamentary actors included deputies from the Christian Democratic Party (Chile), the Socialist Party of Chile, and figures linked to the Movimiento de Pobladores and the Mapuche community leadership such as Aucán Huilcamán. International influence came from the United Nations declarations and regional jurisprudence from the Inter-American Court of Human Rights and the Organization of American States. The law underwent deliberation in committees like the Permanent Commission on Human Rights and the Committee on Indigenous Affairs before promulgation by the President of Chile.
The law defines the recognized Indigenous peoples, including the Mapuche, Aymara, Rapa Nui, Quechua, Atacameño, Colla, Diaguita, Kawésqar, Yámana, Chango, and other groups listed in the statute. It delineates terms such as "ancestral land" in reference to territories identified through records held by the National Indigenous Development Corporation and the Servicio Agrícola y Ganadero. The statute sets criteria for communal organization referencing customary systems like the lof and institutional structures comparable to municipal recognition by the Intendencia. Definitions align with international instruments including ILO Convention No. 169 and resolutions from the United Nations Human Rights Council while distinguishing administrative categories used by the National Council of Culture and the Arts.
The law establishes collective rights over territory and natural resources involving the National Forestry Corporation (CONAF), the Ministry of Agriculture (Chile), and provisions touching on water rights overseen by the Dirección General de Aguas. Cultural rights include protection of languages such as Mapudungun and Aymara language through programs of the Instituto de la Comunicación e Imagen and the Museo Nacional de Historia Natural (Chile). It acknowledges ancestral burial sites and sacred spaces relevant to the Cultural Heritage Law (Chile) and interfaces with environmental protection frameworks such as the Biosphere Reserve designations by UNESCO. Social welfare provisions overlap with the National Service for Indigenous Development (CONADI), the Ministry of Health (Chile), and the Ministry of Education (Chile) for bilingual intercultural programs modeled after initiatives in Argentina and Bolivia.
Implementation created or empowered bodies including the Corporación Nacional de Desarrollo Indígena (CONADI), regional offices in coordination with the Intendencia Regional system, and special registries maintained by the Registro Civil e Identificación. The law prescribes roles for the Ministry of the Interior and Public Security in territorial administration and the Ministry of Finance (Chile) for budgeting Indigenous programs. It established consultative mechanisms involving representatives from the Consejo Nacional de la Cultura y las Artes and community delegates similar to forums convened by the Inter-American Development Bank for Indigenous consultation. Coordination with municipal authorities such as the Municipality of Temuco and provincial administrations like the Provincia de Arauco is specified.
Procedures for land titling require application to CONADI, technical studies by the Instituto Forestal (INFOR), and cadastral actions by the Servicio de Impuestos Internos (Chile). Enforcement instruments include administrative appeals to CONADI, judicial review in the Cortes de Apelaciones de Chile, and constitutional protection petitions (recurso de protección) before the Supreme Court of Chile. The law provides financial mechanisms through trust funds managed by the Banco Estado and donor-supported projects in partnership with the World Bank and Inter-American Development Bank. Monitoring activities have involved civil society groups such as the Comisión Mapuche del Parlamento and academic centers at the Universidad de Chile and the Pontifical Catholic University of Chile.
Scholars and organizations including the Observatorio Ciudadano and the Centro de Estudios Públicos have evaluated the law's outcomes regarding land restitution and cultural preservation. Criticism from the Asamblea Coordinadora de Estudiantes Secundarios and Indigenous leaders like Francisco Huenchumilla centers on slow titling processes, limited scope relative to ILO Convention No. 169, and tensions over extractive projects by companies such as Endesa Chile and Barrick Gold. Legal challenges have reached the Inter-American Commission on Human Rights and domestic litigation in the Corte Suprema de Justicia de Chile, addressing conflicts in regions like Araucanía and Tarapacá. Human rights advocates from Amnesty International and Human Rights Watch have produced reports critiquing implementation and recommending alignment with rulings from the Inter-American Court of Human Rights.
Since enactment, the law has been amended through statutes debated in the Chilean Congress and executive regulations issued by the Presidency of the Republic. Developments include regulatory changes to CONADI's mandate, coordination protocols with the Ministry of National Assets, and pilot programs under administrations of Michelle Bachelet and Sebastián Piñera. Debates over constitutional recognition surfaced during the 2016–2020 policy cycles and informed components of the 2020–2022 constitutional process involving the Convention Constituyente. International engagement continued with accession discussions around ILO Convention No. 169 and follow-up by the United Nations Permanent Forum on Indigenous Issues.