| dc.description.abstract |
Chile’s misuse of the label of terrorism should not shield the government from accountability for human rights violations against the indigenous Mapuche. Despite significant progress in its transition to democracy, the prosecution of Mapuche under the Prevention of Terrorism Act (“Terrorism Act”), for acts not internationally considered to be terrorism, has caused significant erosion of rule of law principles in Chile. Rule of law principles continue to emerge as important barometers for national compliance with international human rights. Among the specific purposes of ensuring national adherence to rule of law principles is to protect minority groups from any discriminatory will of the government. Minority and indigenous groups are most vulnerable to breakdowns in the rule of law, and governments have recently exploited their vulnerability through counterterrorism measures. Concurrently, rule of law analyses are growing as mechanisms to promote a balance between counterterrorism and the protection of human rights. The terrorism prosecution of Mapuche in Chile thus exemplifies the need for discrete consideration of the treatment of minority and indigenous groups as part of rule of law analyses. |
