Abstract
Despite Chile’s recent attempts at constitutional reform, Indigenous land rights are (still) governed by the much-contested Indigenous Law of 1993 (Law No. 19,253). The land restitution program foreseen in this law is extremely slow and controversial, and the establishment of Indigenous Territories (by ordinary law) appears far from becoming a reality. At the same time, there are few recognized Indigenous territories in Chile, and these are constantly faced with a high density of hydro-electric plants, extractivist activities, disproportionate forest and logging exploitation, salmon farming, and an increasing tourism industry. Over the years, Indigenous Peoples have reacted in different ways to dispossession and encroachment. Driven by frustration, some Indigenous Peoples have violently occupied their ancestral lands. Others have filed lawsuits and found a more equitable venue to claim their rights in the national courts. Against this background, this chapter analyses the processes of dispossession faced by Indigenous Peoples over their traditional lands, how they contested the titles to ownership and possession of such territories, and the outcomes from their litigation strategies, both in the north and south of Chile over recent decades. After the rejections of both constitutional reforms in 2022 and 2023, there remains uncertainty for how Indigenous land rights will be governed in the coming years or how they will be treated in the potential reform of the 1980’s Constitution. Despite the unfavorable legislative framework, this chapter argues Indigenous strategic litigation can best advance and support land rights in Chile.