Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Chile (Ratification: 2008)

The Committee notes the observations of the Autonomous Confederation of Men and Women Workers of Chile (CAT), received on 22 September 2025, and the observations of the Single Central Organization of Men and Women Workers of Chile (CUT-Chile), received on 1 October 2025. The Committee requests the Government to provide its response in this regard.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

Recognition and protection of the sacred and ceremonial sites of the Marta Cayulef Mapuche community. The Committee notes that the Governing Body, at its 355th Session (November 2025), adopted the Report of the Tripartite Committee responsible for the examination of the complaint submitted by the National Federation of Education Workers of Chile (FENATED) and Ruka Pillán Enterprise Trade Union of the Araucanía Teaching Foundation (FMDA) alleging non-observance of the Convention by the Government of Chile. The Committee requests the Government to provide information on the measures taken to follow up on the recommendations contained in paragraphs 50 and 55 of document GB.355/INS/16/5, as well as any other information in this regard.

Article 1 of the Convention. Peoples covered by the Convention. The Committee notes with interest the adoption of Act No. 21.151 of 2019 which grants legal recognition to the tribal people of Chile of African descent and acknowledges their cultural identity and historical traditions. The Committee also welcomes, in response to its previous comments, the amendment of section 1 of Act No. 19.253 setting out standards on indigenous protection, promotion and development and creating the National Corporation for Indigenous Development (CONADI), which now include the Chango and Selk’Nam peoples among the indigenous peoples or ethnic groups of Chile.

Articles 2 and 33. Indigenous participation, coordinated and systematic action. The Committee notes the Government’s indication that, in view of the failure to obtain sufficient votes in the plebiscites on the constitutional recognition of indigenous peoples in September 2022 and December 2023, a Presidential Commission for Peace and Understanding was established on 21 June 2023, and its mandate ended on 30 April 2025. The Committee takes due note that the objective of the Presidential Commission was to prepare proposals to address land disputes and develop a new relationship between the State and the Mapuche people with a view to building a long-term solution to the land disputes in the regions of Biobío, La Araucanía, Los Ríos and Los Lagos. The Presidential Commission had an expert committee, which included a representative of the CONADI and a representative of the Coordinating Unit for Indigenous and African Descendant Affairs (UCAIA). It also benefited from the participation of over 5,000 persons and held 11 intercultural dialogues; 58 self-convened meetings in 31 communes in Biobío, La Araucanía, Los Ríos and Los Lagos; and another 177 meetings at the territorial level. At the conclusion of its mandate, the Presidential Commission submitted its final report containing 21 recommendations, which include: (1) the constitutional recognition of indigenous peoples and their own forms of organization; (2) the need for the participation of indigenous peoples at the national level through an institution for their political representation in respect of the State; (3) the creation of a body of the highest political rank to design and coordinate effectively Government policy for indigenous peoples; (4) the strengthening of State institutions responsible for indigenous consultations; (5) the adoption of a law on the compensation of victims (Mapuche and non-Mapuche) of land disputes in the four regions; and (6) the revision and establishment of a new system of protection of lands with the objective of harmonizing Act No. 19.253 with the Convention, including the establishment of an arbitration tribunal to receive and decide claims for compensation and the restitution of the land rights of indigenous peoples. With reference to progress in institutional terms, the Government indicates that both the Bill creating the National Indigenous Council and Indigenous Peoples Councils and the project for the creation of the Ministry of Indigenous Peoples were submitted to the Chamber of Deputies and are undergoing their second constitutional reading by the Senate.

The Committee takes due note that, in accordance with Recommendation No. 21 of the report of the Presidential Commission, all the measures recommended by the Commission which have not been the subject of prior consultation shall be submitted to indigenous consultation processes, both with the Mapuche people and all other recognized peoples, in accordance with the provisions of the Convention.

The Committee welcomes the Government’s continued efforts to address the historical claims of indigenous peoples and ensure a climate of trust that promotes dialogue, particularly through the work and recommendations of the Presidential Commission for Peace and Understanding. In this regard, the Committee encourages the Government to continue taking all the necessary measures to strengthen the consultation and participation of indigenous peoples in decisions that concern them, including in the action taken on the recommendations of the Presidential Commission. In particular, it requests the Government to continue providing information on the progress achieved in the strengthening of institutions for indigenous participation and for the coordination of the national indigenous policy at the national and regional levels.

Article 3. Climate of violence and human rights. The Committee notes that a constitutional state of emergency has been in force since May 2022 in the Region of Araucanía and the Provinces of Arauco and Biobío of the Region of Biobío, where the largest Mapuche population in the country is concentrated. Decree No. 189 of 16 May 2022, declaring the state of emergency, refers to the increase in acts of violence on roadways and the danger to the physical safety and even the life of workers and the population of those regions (the latest extension of the state of constitutional emergency was on 15 October 2025). This situation is also reflected in the report of the Presidential Commission for Peace and Understanding, which refers to the climate of violence and acts of violence occurring in certain regions of the country. The report emphasizes that the history of dispossession, the violation of land rights, the slowness of solutions and the lack of response to the growing demands of the Mapuche have had the effect of continuing the conflict. The Commission for Peace noted that this climate of violence has affected the Mapuche population and families who decided to make their lives in these regions and has led to a process of militarization of the area, with the constant maintenance of the state of constitutional emergency implying the presence and intervention of the armed forces.

The Committee trusts that the Government will take the necessary measures to address the inherent causes of the conflict in the Regions of Araucanía and Biobío and will promote dialogue between indigenous peoples, the Government and the other parties involved. In this regard, it recalls that it is essential to re-establish a climate free from violence so that indigenous peoples can exercise in full the rights set out in the Convention and it requests the Government to provide information in this respect.

Article 6. Consultation. The Committee notes the detailed information provided by the Government on the 76 indigenous consultation processes carried out in 2022 under the terms of Presidential Decree No. 66 of 2013, which concern various Government bodies. These include, for example, the consultations held by the Ministry of Culture, Art and Heritage on a draft Bill on cultural heritage, and the consultation process on the preliminary draft of the special Statute for the territory of Easter Island convened by the Ministry of the Interior, which is still ongoing. The Committee also takes due note that, in order to give effect to section 5 of Act No. 21.151 of 2019, which recognizes the right to be consulted of the Chilean African descendant tribal people, in November 2023, following a consultation process, Presidential Decree No. 12 of 2023 was promulgated approving the Regulations governing the consultation process with the Chilean African descendant tribal people. These Regulations are to be applied prior to the adoption of legislative or administrative measures where they are the direct cause of a significant and specific impact on the tribal people. The need for consultation shall be assessed by the Ministry of Social Development and the Family.

The Committee notes the Government’s indication that, in accordance with section 8 of Act No. 29.249 of 2008 creating Indigenous Peoples Coastal Marine Areas, CONADI carried out 30 consultation processes between 2022 and 2024 with indigenous communities in various regions of the country for the establishment of such areas. In this regard, the Committee notes that, according to information from the Senate of the Republic of Chile (press release of 20 July 2025), a parliamentary initiative is going forward which proposes amendments to Act No. 20.249 with a view to harmonizing customary coastal usage rules with other development activities. Similarly, it notes that, in their observations, CAT and CUT-Chile refer to the absence of a legislative framework for the application of consultations on draft legislation arising out of parliamentary initiatives, and the need to provide training to the legislative authorities to improve understanding of the scope of consultation. CAT alleges that, due to the absence of such a legislative framework, the parliamentary motion set out in Bulletin No. 15862-21 to amend Act No. 20.249 has not been submitted to any prior consultations.

While recognizing the great efforts made by the Government to carry out consultation processes with indigenous peoples, the Committee requests the Government to continue taking measures to ensure that all legislative and administrative measures that may affect indigenous peoples directly are the subject of prior consultation. In this regard, it requests the Government to provide information on the legal framework for the application of consultation on draft legislation that originates from the legislative authorities, and to indicate the manner in which indigenous peoples have been consulted on the amendments proposed to Act No. 29.249.

Articles 6, 7 and 15. Consultation and participation in mining and other development of large-scale projects. The Committee notes with interest the Government’s indication that since 2017 indigenous peoples have been formally included in the sectoral energy policy through the Indigenous Chapter of the National Energy Policy. As part of this initiative, a Follow-up Commission was created as a body to guarantee indigenous participation in the implementation and evaluation of activities related to this chapter in five areas: (i) the promotion of energy generation by indigenous peoples; (ii) energy education and culture for the indigenous population; (iii) energy efficiency and indigenous peoples; (iv) equitable access of the indigenous population to energy services; and (v) energy development guaranteeing respect for the rights of indigenous peoples. In its latest form, this participatory body was composed of representatives of the Mapuche, Aymara, Diaguita, Atacameño, Colla, Yagán, Kawésqar and Quechua peoples. The Committee notes that, between 2014 and 2018, the Ministry of Energy undertook five consultation processes in relation to the award of 12 concessions for the exploitation of geothermal energy, in addition to a consultation process on the project for the extension of rural electrification for the communities of Alto Biobío, which resulted in an agreement with the communities.

The Committee takes due note of the adoption in 2023 of the National Lithium Strategy, which includes among its principal objectives minimizing the socio-environmental impact of lithium extraction and determining dialogue and participation bodies with the communities of indigenous peoples involved with salt flats. Within the framework of this strategy, the Ministry of Mining has implemented a model of permanent dialogue with indigenous peoples. The Government also indicates that special lithium operation contracts (CEOL), which legally and administratively authorize public and private enterprises for the exploration and exploitation of lithium, are administrative measures that could have a specific and differentiated impact on indigenous peoples, and which must be submitted to indigenous consultation when they may affect the exercise of the collective rights of indigenous peoples, and the enjoyment and practice of their traditions, land rights or economic subsistence activities. The Government adds that this consultation procedure is understood as being without prejudice to any further consultations that have to be held at other stages of the project, particularly within the framework of the Environmental Impact Assessment System, in accordance with Presidential Decree No. 40 of 2013 of the Ministry of the Environment.

The Committee further notes that in 2025 the Ministry of Public Works approved Exempt Decision DGOP No. 19 of 2025, which establishes an internal procedure to assess the need for consultation on projects it coordinates. It has also strengthened its institutional capacities with a view to the implementation of these projects. The Ministry has also initiated a procedure for the inspection of the implementation of the commitments subscribed to with indigenous communities as a result of previous consultation processes with a view to giving them effect.

The Committee notes that both the CAT and the CUT-Chile, although they recognize the large number of consultation processes carried out, refer to a series of difficulties and obstacles in their implementation and scope, such as the lack of coordination between bodies that engage in consultations in similar fields, the lack of technical capacity in the process, and particularly those with a high level of technical complexity.

The Committee welcomes all the progress made in enabling the effective participation of the peoples covered by the Convention in the design, implementation and monitoring of the national mining and energy policy, and in implementing consultation processes on development projects that may affect these peoples’ rights. The Committee requests the Government to continue taking measures to identify, assess and address the difficulties arising in consultation processes in coordination with the indigenous peoples and bodies involved. It also requests the Government to continue providing information on the action and recommendations of the Follow-up Commission for the Indigenous Chapter of the National Energy Policy, and on the consultations held with indigenous peoples in relation to the implementation of the National Lithium Strategy.

Article 6. Lands. The Committee notes the Government’s indication that, under the terms of section 20 of Act No. 19.523, which created the Indigenous Lands and Water Fund, CONADI has granted subsidies to 72 persons from indigenous peoples for the purchase of land (section 20(a)) and has supported 50 others so that they can finance access to mechanisms for the resolution of land-related problems (section 20(b)). The Government also indicates that CONADI has a Conciliation Unit to find out-of-court solutions to land disputes. The Committee notes that, in its final report, the Presidential Commission for Peace and Understanding indicated that difficulties arise in making use of the subsidy envisaged in section 20(a) of Act No. 19.523 due to the short period within which it has to be used (six months, which can be extended once) and the shortage of available land adapted to the expectations and resources of beneficiaries, which limits its effectiveness in resolving the demand for land. It also indicated that the direct purchase mechanism envisaged in section 20(b), although it has resulted in an extension of collective lands, has been criticized for its restrictive and discretionary administrative application, as it has excluded demand for land without previous title, and which has led to the continuation of disputes in the Regions of Biobío, Araucanía, Los Ríos and Los Lagos. The Presidential Commission therefore recommended a new structure for the land system which can offer a more rapid and effective response to compensation claims, which could include a compensation agency and a system of financing for that purpose.

The Committee, taking into account the recommendations of the Presidential Commission for Peace and Understanding, requests the Government to take the necessary measures to evaluate the current system for the adjudication and submission of land claims by indigenous communities, including the application of section 20 of Act No. 19.523. It also requests the Government to provide information on the measures adopted to address land disputes in the areas of Biobío, Araucanía, Los Ríos and Los Lagos, with an indication of the cases in which a solution has been reached between the parties to the dispute.

The Committee is raising other matters in a request addressed directly to the Government.