Norín Catrimán and Others vs. Chile CRIMINALIZATION OF MAPUCHE´S INDIGENOUS MOVEMENT ANALYZED BY INTER-AMERICAN COURT OF HUMAN RIGHTS

Abstract

The article deals with the decision of the Inter-American Court of Human Rights in the case “Norin Catrimán and others versus Chile”, which condemned the Chilean State for violating human rights in the context of the territorial claims of Mapuche people. Considering the violations involved, the relationship between States and indigenous peoples and the difficulty of political participation of this group in the Region are problematized. It is developed according to the deductive method, based on bibliographic and documentary references, addressing, firstly, the nation-state and the attempt to build cultural homogeneity with the exclusion of indigenous peoples. It then presents the international law of recognition and indigenous protagonism on the international scene. In the end, it analyzes the case “Norin Catrimán and others versus Chile” to highlight the criminalization of the processes of struggle for territory of Mapuche People. In conclusion, it was possible to identify how much progress is still needed in human rights in the Region since, even after political independence, national States continue with colonial practices that demonstrate the deficit of rights for indigenous peoples.