The approved text states that “the State recognizes and guarantees, in accordance with the Constitution, the right of indigenous peoples and nations to their lands, territories and resources.”
Likewise, “the property of indigenous lands enjoys special protection. The State will establish effective legal instruments for its cadastre, regularization, demarcation, titling, repair and restitution.
Another point of the article is that the recognition of the properties of indigenous lands would have an important protectionsince “according to the Constitution and the law, indigenous peoples and nations have the right to use the resources that they have traditionally used or occupied, that are found in their territories and are essential for their collective existence.”
“We have opened the beginning of a new path”, celebrated the Aymara constituent, Isabella Mamani, but the approval of the measure had repercussions in different political sectors of Chile.
In fact, from the right they were dissatisfied with the decision and the conventional Marcela Cubillos expressed through her Twitter account that the body “left non-indigenous Chileans completely defenseless.”
In this way, the approved article on indigenous lands becomes one of the most important achievements of the ancestral peoples in the ongoing process to draft a new Constitution.
The delivery of the draft is scheduled for July 4 and later it will have to be approved in a mandatory exit plebiscite scheduled for September 4, which in the case of receiving a go-ahead will put an end to the current Magna Carta, written during the dictatorship military civic gear Augusto Pinochet (1973-1990).
This unprecedented constitutional, democratic, joint process with the participation of the original peoples, was possible after the massive demonstrations of the so-called social outbreak of October 2019, which led to an agreement with the majority of the ruling and opposition parties.
The crowds that took to the Chilean streets then pointed to the current Constitution as the source of inequality and demanded a new State model that would guarantee public health, universal quality education or improved pensions.
On October 25, 2020, through a national plebiscite, the drafting of the new Constitution was approved by almost 80% and a few months later, in May 2021, the 155 conventionalists who are drafting the new Magna Carta were elected.
Source: Ambito
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