9 - The Mapuche People's Battle for Indigenous Land: Litigation as a Strategy to Defend Indigenous Land Rights

Summary

INTRODUCTION

Land constitutes the basis for the livelihoods and cultures of indigenous peoples. They rely on access to their traditional lands and natural resources for their economic sustenance, as well as for the continued survival of their cultural and spiritual identity. The deprivation of their land has consequences for the economic well-being and the living conditions of the indigenous peoples (Stavenhagen 2002). Indigenous communities are often among the poorest and most marginalized groups of society. Studies on indigenous peoples and poverty in Latin America conclude that “poverty among Latin America's indigenous population is pervasive and severe [and] the living conditions of the indigenous people are generally abysmal, especially when compared to those of the non-indigenous population” (Stavenhagen 2002: 13, par. 35).

Rights to land and natural resources are thus fundamental to indigenous peoples, and protecting these rights remains one of the central issues for their organizations. Courts may constitute an arena for mobilizing around indigenous land rights and may play a role in improving respect for them. Thus, indigenous peoples of Latin America increasingly turn to the legal system for the defense of their rights (Sieder 2005: 1). The prospect of achieving significant results by means of litigation depends on the accessibility of the judicial system, but there are numerous obstacles that may prevent poor and marginalized people from accessing justice, and in Latin America, access to justice is in many cases restricted for these groups.