Below is an article published by The Santiago Times;

In a departure from previous decisions, Chile’s Supreme Court rejected a request Monday from Mapuche communities in southern Chile for access to what they considered sacred land for ritual purposes. The communities also requested an end to the logging of trees in the area by private companies, which they considered to be illegal.

While the Valdivia Court of Appeals in southern Chile previously ruled in favor of the request, the Supreme Court determined the property was ineligible for special protection as indigenous land according to the requirements of Article 12 of Law 19.253.

“In this particular case it was established that the land for which (the Mapuche community) requests unlimited access cannot be classified as indigenous,” the Supreme Court verdict said, adding that Article 12 requires communities to be currently occupying part of the property in question or else be in possession of certain special titles.

While they had not been legally authorized to access the sacred property, known in the Mapuche language as Ngen Mapu Kintuante, members of the Mapuche community were previously entering the area for ritual purposes anyway, facing arrests as a result.

The Supreme Court decision was met with opposition from Mapuche leaders and human rights organization Observatorio Cuidadano who called the ruling a “setback” in indigenous relations with the state.

“The resolution ignores the existence of Ngen Mapu Kintuante when it says the land does not qualify as indigenous,” Mapuche Chief Juana Kuante said. “It upholds the law of private property without recognizing that our communities have traditionally used this ceremonial space.”

Kuante said the ruling does not respect Article 13 of the International Labor Organization’s (ILO) Convention 169, which states that governments should respect the “special importance for the cultures and spiritual values of the peoples concerned of their relationship with the lands or territories.”

The indigenous Mapuche tribe of south-central Chile has been actively seeking greater recognition of rights and the recovery of sacred lands since the 1990s following the return of democracy to the country.

Observatorio Cuidadano representatives argue the decision contradicts previous court rulings in favor of indigenous tribes in Chile and internationally. In the 2009 case of Francisca Machi Linconao Rahue, the Court of Appeals of Temuco in southern Chile prohibited a nearby forestry company from cutting down trees and shrubs within a 400-yard radius of sacred Mapuche springs. Another similar case was seen in 2008, when the Court of Appeals of Iquique in northern Chile granted the indigenous Aymara community of Chusmiza Usmagama access to sacred springs that were contested by the Chusmiza Mineral Water company.

In regard to future work on the case, coordinator of the Citizenship and Intercultural Program of Observatorio Cuidadano, José Araya, said more must be done to ensure the protection of Ngen Mapu Kintuante.

“The reality is that here we have a site sacred to the Mapuche people that is at serious risk,” Araya said. “We think it is the obligation of the state to protect it.”