Agreement between the State and the Mapuche people: detained indigenous women closer to freedom
"We're happy, but there's no sense of victory until we see that our lamngen are free."
Share
(Updated news: release of one of the detainees)
Nearly eight months after the violent operation that evicted the Lof Lafken Winkul Mapu Mapuche community from their recovered territory on the shores of Lake Mascardi in Argentine Patagonia, and after nearly eight hours of tense negotiations, an agreement was finally signed on June 1st between a panel representing the State and the delegation of Mapuche authorities. This agreement includes submitting a conciliation agreement to the courts to conclude the case that has kept four Mapuche women—along with their nine children—deprived of their liberty and still under house arrest.
On the same day as the meeting, a ruling from the Court of Cassation was announced , allowing for the release of one of the four women detained, Celeste Ardaiz Guenumil . Celeste was the only one under house arrest in Carmen de Patagones. Machi Betiana Colhuan, Romina Rosas, and Luciana Jaramillo remain under house arrest in Bariloche. "They've given me my freedom. It's a joy that things are getting better, but we continue to demand the freedom of our machi and the lagmien, the return of the rewe, and an end to the political persecution."
Nora Cortiñas, one of the panel's observers
The Secretariat of Human Rights, headed by Horacio Pietragalla Corti, and various government sectors also participated in this third Roundtable Discussion : Alejandro Marmoni of the National Institute of Indigenous Affairs (INAI); Federico Granato, president of the National Parks Administration; Carolina Varsky, undersecretary of Special Programs for Gender-Based Violence of the Ministry of Women, Gender and Diversity; and Silvia La Ruffa, secretary of Federal Coordination of the Ministry of Security. On behalf of the Mapuche people, representatives of communities from the provinces of Río Negro, Chubut and Neuquén participated: Mauro Millan, Carlos Curruhuinca, Maria Nahuel, Gabriel Nahuelquir, Isabel Huala, Soraya Maicoño, Juana Antieco, Eusebio Antieco, Daniel Loncon, Soledad Cayunao, Andrés Dinamarca, Leticia Curruhuinca, Javier Nahuelpan, Fernanda Neculman, Orlando Carriqueo
The meeting was attended by observers: Nora Cortiñas, from the Founding Line of Mothers of Plaza de Mayo; Adolfo Pérez Esquivel, Nobel Peace Prize winner; and Mariana Katz, SERPAJ (National Commission for the Protection of Human Rights), along with other representatives from human rights organizations.
"There is no victory until they are free"
Last night, after the signing of the agreement, those participating on behalf of the Mapuche nation reported on the details. Soraya Maicoño, one of the spokespersons for several communities in conflict, commented upon leaving the meeting at the former ESMA: “It was very difficult. At first, there were some very radical positions, mainly from the president of the National Parks Department. But ultimately, the points of the agreement established at the February meeting were upheld. We are satisfied, but there is no sense of victory until we truly see that our lamngen are free .” The final outcome will depend on how the judge in charge of the case reacts to this settlement. Her words were accompanied by the chants of “Rafael Nahuel present!” in memory of the young Mapuche man killed by the Argentine Naval Prefecture, Lafken Winkul Mapu, in 2017.
The meeting took place at the former ESMA (National Institute of Statistics and Censuses) in Buenos Aires City—the site of one of the largest clandestine detention centers during Argentina's last civil-military dictatorship—and today serves as a memorial site. Various organizations and agencies operate there, including the Secretariat of Human Rights. The Secretariat announced the main points of the agreement in a statement. "Among other points, it was agreed that a conciliation agreement will be presented to the courts next week, conveying and demonstrating the agreement reached between the national government and representatives of the Mapuche communities, with the goal of extinguishing the criminal charges—provided all the clauses of the agreement are complied with," the Secretariat reported .
Outside the former ESMA (National Institute of Statistics and Census), and in various locations across the country, gatherings took place to accompany and await the signing of the agreement. The slogans were echoed at all the meeting points: freedom for the Mapuche prisoners; the return of Machi Betiana to her rewe , ceremonial territory; the preservation of life; the recognition of territories; respect for the human rights of Indigenous peoples; and demilitarization.
Recognition of rewe
The signed agreement formalizes the State's recognition of the rewe (ceremonial space) from which the community was evicted as a sacred place for the Mapuche people, and to which they will be able to return. The State commits to building three houses there: one for the machi and her family, one for her assistants, and one for her patients and the storage of medicines. The rest of the community will be relocated to lands near Lake Guillelmo, in a location to be determined in the coming days. The State will also open offices in the area for various state agencies (Center for Access to Justice, Secretariat of Human Rights, Ministry of Security).
Given the concern that this would essentially be a military checkpoint, it was agreed that they would not be in the immediate vicinity of the rewe . The community will continue the registration process with the National Institute of Indigenous Affairs until it is completed and legal status is obtained.
They will ask to annul the case against the Mapuche women
The parties will present the agreement to the judge in charge of the case during the course of next week, so that the case can be finalized by reaching a settlement. Finally, since the release of the four prisoners depends on this judicial process and the related decision, up to six people will be allowed to enter the rewe for safekeeping. This measure is due to the fact that last Sunday, despite being fully militarized, the rewe . In the center of the ceremonial site, there is a large wooden carving several meters high, painted fluorescent green along its entire length. With entry strictly prohibited, not only for the community but for anyone else, it is impossible to imagine that this could be done without the approval of the military guards.
Why the Dialogue Table
In December 2022, a Mapuche delegation composed of members from many communities in Chubut, Río Negro, and Neuquén traveled to Buenos Aires, where they were received by President Alberto Fernández. The President pledged to open a Dialogue Roundtable, and indeed held its first meeting in Buenos Aires on January 12. The second meeting took place in Bariloche on February 10. On that occasion, an agreement similar to the current one was outlined. A next meeting was scheduled for two weeks later, at the end of February, but it never took place.
The national government suspended that meeting, and on three more occasions set a date for the meeting, only to postpone it again each time. Meanwhile, the process dragged on, and the situation worsened. Betiana Colhuan Nahuel, the only machi (spiritual authority) currently on this side of the Andes, is one of them. “Today we are detained without trial, but as if we were condemned ,” Betiana said in the week leading up to this meeting.
For this reason, the Mapuche delegation declared that June 1st would be the last opportunity for the State to keep its promise. Yesterday, once inside the building, they made a decision: they would not leave the premises without a signed agreement.
The four Mapuche women are in pretrial detention accused of usurpation. The case began when the community reclaimed the land in 2017. At that time, a violent operation resulted in the death of 22-year-old Rafael Nahuel. Since then, no arrest warrant has been issued in that case. But on October 4, 2022, the newly formed Unified Command of federal and provincial security forces stormed the community, violently evicting them. From then on, they proceeded to demolish all the houses. The property has had a constant security force presence for eight months.
In addition to the four imprisoned women, several men and one woman have been in hiding since then because of arrest warrants. Gustavo Franquet, the community's defense attorney, states, "Dialogue with a community that has half of its members imprisoned and the other half on the run is not dialogue. The State says it will only present the conciliation agreement to the judge to end the trial if the Lof accepts its terms . They are not prisoners, they are hostages."
Democracy and the Mapuche people
On this occasion, the meeting took place at the former ESMA, with the historical significance that this implies. Carlos Curruhuinca, lonko of the Lof Curruhuinca (San Martín de los Andes, Neuquén), recounted at a trawún (parliament) in Bariloche on May 20: "Many of you lived through the dictatorship, and as surprising as it was for so many Argentines, we have been experiencing it since 1870."
Mayra Sepúlveda stated that “the Argentine State was born as a terrorist state and has never ceased to be a terrorist state.” Mauro Millán, lonko of the Pillán Mahuiza Lof (Corcovado, Chubut), stated, “The State celebrates its 40 years of democracy, but for our people, nothing has changed. We lived it like a dictatorship—people murdered, kidnapped, serving sentences without trial, families torn apart, births in captivity.”
Communities from Chubut, Río Negro, and Neuquén attended, along with social organizations from various parts of Patagonia and a delegation of Feminists from Abya Yala who traveled from Buenos Aires. This delegation included members from Bolivia and Mexico. Adriana Guzmán, a renowned Bolivian indigenous feminist activist, stated that "all states are genocidal, but it is doubly outrageous that a government that speaks so highly of human rights, like the Argentine government, tramples on them in this way."
Somehow, the intertwined Argentine history had its moment in the negotiation, through prominent human rights activists. Soraya Maicoño recounted, “The loving support of Nora Cortiñas—who was present at the debate before going to the Thursday rounds in Plaza de Mayo—and also of Adolfo Pérez Esquivel, who challenged the president of Parks for having treated us in very racist terms, was very helpful. ”
A Cassation ruling for freedom
Aside from this negotiation, on the same day, the Federal Court of Cassation received notification regarding one of the detainees, Celeste Ardaiz Guenumil, who was under house arrest in Carmen de Patagones.
After the judge in charge of the case rejected their request for release, her defense attorneys appealed to the Supreme Court. Indeed, in the letter issued on Thursday, the Court accepted the defense's request and instructed the judge to modify his ruling. Celeste's release was announced on Friday night.
We are Present
We are committed to a type of journalism that delves deeply into the realm of the world and offers in-depth research, combined with new technologies and narrative formats. We want the protagonists, their stories, and their struggles to be present.
SUPPORT US
FOLLOW US
Related Notes
We Are Present
This and other stories don't usually make the media's attention. Together, we can make them known.