Images for Inclusion: International Advocacy and Engagement for Indigenous Peoples' Rights at the UN Dialogue in Chile
Group photo of all attendees including Lidia Arriagada Garcia, our NGO president, at the Regional Dialogue of the Americas on Indigenous Peoples and Access to Justice in Santiago, Chile, October 25, 2023.
As Images for Inclusion, we traveled from our base in New York to participate in a truly significant event: the 75th Anniversary of the Universal Declaration of Human Rights: Regional Dialogue of the Americas 'Indigenous Peoples and Access to Justice'. This event was organized by the Regional Office for South America of the United Nations High Commissioner for Human Rights (OHCHR). Established in 2009, this regional office (ROSA) serves as a key reference in South America, dedicated to strengthening capacities in promoting and protecting human rights, with a particular focus on issues like indigenous peoples' rights and the protection of human rights defenders. Our presence at this event actively aligned with the Human Rights 75 Initiative's call to strengthen OHCHR's important field presence and advance child rights expertise worldwide. As an international NGO in consultative status with ECOSOC, our participation at this gathering was a significant moment for our NGO, marking our direct involvement in international human rights advocacy.
Being there on October 25 and 26, 2023, was more than just attendance; it was a powerful opportunity for learning, engagement, and affirmation of our work. Around 80 representatives of Indigenous Peoples, judicial authorities, and specialists from the Americas gathered to reflect on human rights and how to overcome obstacles faced by Indigenous Peoples in accessing justice. The event began with a moving ritual ceremony led by Zenobio Fernández of the Qhara Qhara Nation of Bolivia and Isabel Godoy of the Colla People in Chile, where offerings were made to ensure the smooth development of the meeting and to thank the participants from the American continent, known by many Indigenous Peoples as “Abya Yala”.
The dialogue featured a distinguished array of participants, including the Minister of Foreign Affairs, Chile, and María Jose Torres, the United Nations Resident Coordinator for Chile. The opening remarks were moderated by Jan Jarab, OHCHR Regional Representative for South America. Among the many relevant voices, a video message from Mr. Volker Türk, the United Nations High Commissioner for Human Rights, particularly resonated with us. We listened carefully to his words, and we were positively surprised by what he said with courage, eloquence, and conviction. Not many people dare to speak the truth, and we deeply thanked him for that because it set a precedent and contributed to enhancing the tone of the event, besides inspiring and strengthening us. Mr. Türk asserted that the lack of access to justice for Indigenous Peoples is “one of the most pressing human rights issues in the Americas,” and highlighted the dispossession of ancestral lands due to the expansion of extractive industries and development projects. You can view his message at the Dialogue of the Americas: Indigenous Peoples and Access to Justice here: https://youtu.be/umo3VQIQY_M?feature=shared .
Recordings of the full dialogue sessions are also available for deeper insight:
Recorded Dialogue Sessions in English: https://www.youtube.com/live/978cBG0szGA?feature=shared
Recorded Dialogue Sessions in Spanish: https://www.youtube.com/live/1lcSORapeRU?feature=shared
Another significant keynote was delivered by Mr. Keith M. Harper, a Member of the United Nations Permanent Forum on Indigenous Issues, who spoke on the right to land, territory, and resources and access to justice
This powerful call for truth and equity perfectly aligns with our efforts. Our presence at this landmark UN event underscored the essential need to actively support and contribute to initiatives that amplify voices and ensure that every individual, particularly those historically marginalized, is seen, heard, and truly included.
Images for Inclusion actively participating in the working sessions of the UN Regional Dialogue of the Americas, Santiago, Chile, October 25, 2023.
Official banner for the Regional Dialogue of the Americas.
Lidia Arriagada Garcia (far left) with the former Special Rapporteur on the Rights of Indigenous Peoples, Mr. Francisco Calí Tzay , Dr. Elisa Marchi , and Nancy Yáñez, President of the Constitutional Tribunal of Chile, alongside another participant. Chile, October 26, 2023.
During the dialogue, Lidia, the president of our NGO, engaged in insightful conversations with and gained immense benefit from interactions with the former Special Rapporteur on the Rights of Indigenous Peoples, Mr. Francisco Calí Tzay, who also delivered a keynote speech on the importance of coordination between Indigenous Peoples’ Justice Systems and State Justice Systems. We were particularly fortunate that his Legal Advisor, Dr. Elisa Marchi, who accompanied him to the event, and with whom Lidia had the honor of being seated alongside them at the main discussion table throughout the dialogue, facilitated our participation. She had previously informed us in New York about the event and was instrumental in helping us register to attend it. Dr. Marchi, affiliated with the University of Arizona’s Indigenous Peoples Law and Policy Program and a lecturer at the Human Rights Practice Program, brought her extensive expertise from scholarly work on legal pluralism and collective rights, and practical experience with international human rights bodies like the Inter-American Commission on Human Rights.
Mr. Jaime Huenchullan and the former Special Rapporteur, Mr. Francisco Calí Tzay. October 26, 2023.
A particularly meaningful aspect of our presence in Santiago was the opportunity we arranged for a direct meeting between Mr. Jaime Huenchullan, a distinguished Mapuche leader and Werken (messenger) who has faced severe institutional violence and harassment, and the former Special Rapporteur on the Rights of Indigenous Peoples, Mr. Francisco Calí Tzay. Although Mr. Huenchullan was not an invited participant to the main dialogue, we facilitated this crucial encounter outside the formal proceedings, during a dedicated lunch. This arrangement aimed to ensure that the Special Rapporteur could directly hear from an individual with firsthand experience of the challenges in accessing justice, thereby enriching the broader human rights discussions in Santiago. This direct engagement, personifying the complexities of human rights challenges, was a tangible way for us to align with the spirit of the Human Rights 75 Initiative. As the initiative calls to "rejuvenate the Universal Declaration of Human Rights, demonstrate how it can meet the needs of our time AND advance its promise of freedom, equality and justice for all," and emphasizes "solidarity for the rights of everyone," facilitating this meeting was a clear step in putting those principles into action.
Mr. Huenchullan is a survivor of Operación Huracán, a Chilean police intelligence operation that gained notoriety in 2017. This operation was a sophisticated set-up orchestrated by the Carabineros de Chile's Special Operative Intelligence Unit (UIOE), which falsely accused several Mapuche individuals, including Mr. Huenchullan, of terrorism and illicit association. The fabricated evidence, notably manipulated phone messages, was later uncovered by the Public Ministry in 2018, leading to the dismissal of charges against the accused.
Today, nearly eight years later, a significant oral trial against 11 former high-ranking police officials and a civilian involved in the operation remains ongoing. The accused face serious charges including illicit association, falsification of public instruments, obstruction of justice, and computer sabotage. Despite the gravity of these accusations and the passage of considerable time, the trial has faced repeated postponements due to defense tactics, highlighting the persistent struggle for justice and accountability for the victims. This case has become emblematic of the institutional violence and structural racism often faced by Indigenous communities in Chile, exposing systemic practices of criminalization against Mapuche leaders and activists. Furthermore, a civil lawsuit has also been filed against the Chilean State seeking indemnification for the persecution endured by the members of the Temucuicui community involved in this egregious case.
The profound impact of such institutional violence extends to the most vulnerable. It is key to acknowledge how children in communities like Mr. Huenchullan's Temucuicui are often deeply affected by police violence. A tragic example is the case of Camilo Catrillanca, a young Mapuche farmer from Temucuicui who was shot and killed by Chilean police in 2018 while unarmed. His death became an emblem of resistance against police brutality, underscoring the urgent need for robust human rights protections, particularly for children and families caught in such conflicts. This tragic reality reinforces the Human Rights 75 Initiative's emphasis on advancing the child rights agenda at all levels and ensuring "solidarity for the rights of everyone".
The core themes of the dialogue of the Américas highlighted that, despite normative advances, Indigenous Peoples in the Americas still face discrimination and racism in their access to ordinary justice, with tribunals often ruling in favor of corporate interests. It was also emphasized that indigenous justice is often disregarded, and challenges exist in coordinating between legal systems. Another key pillar of discussion was the increasing threats and persecution faced by indigenous peoples as human rights and environmental defenders, with impactful testimonies about attacks that remain unpunished. Proposals emerged from the dialogue to advance laws recognizing indigenous legal systems, improve coordination, train ordinary justice operators, and “descolonizar” the ordinary law's view of indigenous justice systems.
The atmosphere of truth and dedication at the event reinforced why our work matters. At that time, we were already deeply engaged in preparations for our upcoming First Seminar on Climate Change and Indigenous Science in Temuco, Chile. Inspired particularly by High Commissioner Volker Türk's powerful words, we undertook an advocacy effort by reaching out to him to request a pre-recorded video message for the seminar’s inauguration, aiming to further amplify the voices for Indigenous Peoples' rights. Mr. Türk expressed his willingness to help, kindly proposing that Mr. Jan Jarab, the Regional Representative for South America, participate on his behalf.
Our seminar, initially planned for March 2024, had to be suspended due to unforeseen circumstances. Upon rescheduling the event for June 11-12, 2024, we diligently re-extended our invitation to Mr. Jarab and sent repeated reminders. However, despite our sustained efforts to secure confirmation regarding his availability, we regret that a definitive response or participation could not be obtained.
Meanwhile, due to the seminar's initial suspension and his extensive international commitments, the Special Rapporteur on Indigenous Peoples' Rights, Mr. José Francisco Calí Tzay, was unfortunately unable to travel to Chile or participate online. Nevertheless, he generously provided a valuable video message for the inauguration.
Given the immense importance of direct engagement from the United Nations Human Rights Office for the Indigenous Peoples attending our seminar, and despite our profound commitment to securing a high-level message, we were ultimately unable to secure the personal participation of Mr. Jarab or a pre-recorded video from High Commissioner Türk. This outcome, though regrettable, underscores the challenges faced in our efforts to coordinate high-level participation for the seminar, even when aligned with shared human rights goals.
The UN Dialogue in Santiago concluded with remarks from key figures including Nancy Yáñez, President of the Constitutional Tribunal, Chile, and Alberto Brunori, OHCHR Regional Representative for Central America.
We were there to witness, learn, and contribute to a global dialogue on human dignity. Just as the Universal Declaration champions the rights of all, Images for Inclusion strives to make those rights visible and undeniable through compelling imagery, moving us closer to a more just, participatory, and non-discriminatory society.