OBSERVACIONES SOBRE LA ADMISIBILIDAD DE LA PETICIÓN

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The document argues that the State of Chile violated the fundamental rights of the Mapuche-Pehuenche communities of Ralco-Lepoy and Quepuca Ralco through the construction of the Ralco hydroelectric plant, which led to the destruction of ancestral lands, cemeteries, and ceremonial spaces. It contends that domestic legal remedies in Chile have been ineffective, illusory, or subject to unjustifiable delays, thereby satisfying the requirements for the admissibility of the petition before the IACHR. The text further argues that the project was economically inefficient and driven by the monopolistic interests of the company Endesa rather than public interest. Additionally, it details systemic discrimination against indigenous peoples in Chile's political and judicial systems, including the use of anti-terrorist and state security laws to criminalize indigenous demands.

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  • The construction of the Ralco hydroelectric plant has caused the flooding and destruction of approximately 22,000 hectares of ancestral territory belonging to Mapuche-Pehuenche indigenous communities, violating their rights to life, personal integrity, and cultural identity.
  • Domestic judicial remedies in Chile are described as ineffective and illusory; specifically, a public law nullity lawsuit regarding the project's environmental impact assessment took nearly six years to reach a first-instance ruling, which was subsequently suspended by appeal.
  • The document argues that the Ralco project was an economic liability for Chile, costing US$ 72 million more than a combined-cycle gas plant alternative from a social perspective, and US$ 159 million more in total social costs.
  • The project is characterized as being driven by the monopolistic interests of Endesa to inhibit the entry of cheaper natural gas from Argentina and maintain market dominance, rather than by public interest.
  • Chile's indigenous policy is criticized for failing to recognize indigenous groups as 'peoples' (pueblos), instead labeling them as 'ethnicities' (etnias), which denies them collective rights, autonomy, and self-determination.
  • Indigenous people in Chile face systemic political discrimination, evidenced by the absence of indigenous parliamentarians in the National Congress and low representation in municipal governments despite high population densities in certain regions.
  • The State has used exceptional legislation, such as the State Security Law and Anti-Terrorist Law, to criminalize indigenous activists and demands, often involving military courts and reports of police torture.
  • The document claims that the State of Chile failed to maintain the status quo as requested by the IACHR, as construction of the Ralco dam continued, leading to the actual flooding of indigenous lands.

Cite the original document

APA
Celedón, R., & Orellana, M. A. (2003). OBSERVACIONES SOBRE LA ADMISIBILIDAD DE LA PETICIÓN. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/05/Ralco_OBSERVACIONES_June03.pdf
Chicago
Celedón, Roberto, and Marcos A. Orellana. OBSERVACIONES SOBRE LA ADMISIBILIDAD DE LA PETICIÓN. Center for International Environmental Law, 2003. https://www.ciel.org/wp-content/uploads/2015/05/Ralco_OBSERVACIONES_June03.pdf.
Wikipedia
{{cite report |last1=Celedón |first1=Roberto |last2=Orellana |first2=Marcos A. |title=OBSERVACIONES SOBRE LA ADMISIBILIDAD DE LA PETICIÓN |publisher=Center for International Environmental Law |date=June 2003 |url=https://www.ciel.org/wp-content/uploads/2015/05/Ralco_OBSERVACIONES_June03.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{celedn2003observaciones, author = {Celedón, Roberto and Orellana, Marcos A.}, title = {{OBSERVACIONES SOBRE LA ADMISIBILIDAD DE LA PETICIÓN}}, institution = {Center for International Environmental Law}, year = {2003}, month = jun, url = {https://www.ciel.org/wp-content/uploads/2015/05/Ralco_OBSERVACIONES_June03.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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