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The Inter-American Commission on Human Rights (IACHR) accepted the lawsuit against the State of Chile by the natives Rapa Nui, in which they asked to be recognized ownership of the ancestral lands of Easter Island.
As established by the international organization, if the facts alleged by the lawyers are corroborated as being true, they “could characterize violations of articles 4 (right to life), 8 (judicial guarantees), 12 (freedom of conscience and religion), 21 (right to property) and 25 (judicial protection) of the American Convention to the detriment of the indigenous Rapanui community, all in the light of articles 1.1 and 2 of the said instrument.
Rapa Nui vs Chilean state
The lawsuit, sponsored by lawyers Ciro Colombara, Aldo Díaz and Carola Cotroneo, alleges the international responsibility of the Chilean state for the presumed violation of the collective property rights of the Rapa Nui people over the territory and natural resources of Easter Island and their right to autonomy.
Despite the filing of requests for recognition and autonomy for 125 years, they have been consistently ignored. Currently, Over 70% of their ancestral territory is managed in state property, which has caused irreparable damage to the way of life and development of indigenous peoples.
The complainants therefore They insist on land restitution to protect the ancestral property of the Rapa Nui people, and your right to self-determination.
In this regard, lawyer Ciro Colombara explained that The objective of the complaint filed with the IACHR is that “The State of Chile is said to have violated the rights of the Rapa Nui people since the 1888 wills agreement”. The ultimate goal is to restore the collective ownership of the Rapa Nui people over their land and natural resources.
Chile will make its defense before the IACHR
The declaration of admissibility of the case is very relevant because it means that the Commission has accepted the request for priority of the case and “cThe Rapa Nui people should have the right of collective property in their territory“Colombara explained.
And I add: “It’s a big step forward and the next step is for the commission to publish its final report, then the case is referred to the Inter-American Court of Human Rights ”.
The request was presented in 2015 by the Council of Elders and the Parliament Rapa Nui, una institution of Easter Island. Now, the State of Chile has four months to present its defense to the IACHR, before the case is considered by the Inter-American Court of Human Rights, and This could set a legal precedent for other peoples, such as the Mapuche, to take the same path to regain the autonomy of their lands.
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