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9 Int'l J. on Minority & Group Rts. 1 (2002)
Issue 1

handle is hein.journals/ijmgr9 and id is 25 raw text is: International Journal on Minority and Group Rights 9: 1-40, 2002. 1 ,c Kluwer Law International. Printed in the Netherlands. The Mapuche-Pehuenche and the Ralco Dam on the Biobio River: The Challenge of Protecting Indigenous Land Rights LORENZO NESTI* 1. Introduction The topic dealt with in this article is the 'struggle' of many indigenous peoples to preserve their land and environment and the need to give them a legal instrument (or improve the existing ones) to enhance their rights to an effective and culturally appropriate participation and to free and informed consent when their land and existence is involved. 'Oil and gas exploration and exploitation, geothermal energy development, mining, dam construction, logging, agriculture, ranching and other forms of economic activity in the national interest, have adversely impacted both indigenous peoples who have already suffered from contact and colonialism, as well as indigenous peoples in areas long isolated by distance and geography. Often, deveopment takes place without indigenous peoples' consent, consultation, participation, benefit, etc.' The case chosen to analyse these concepts is the Mapuche-Pehuenche and the construction of dams on the Biobio River, in Chile. This case also highlights the need of assigning and strengthening human rights responsibilities to non- state actors, such as private companies (TNCs) and lending agencies. The study of the case demonstrates that the protection of indigenous peoples' rights to preserve their land and environment has to start from the recognition of indigenous peoples' specific relation with their land. The cultural and spiritual value that land assumes in indigenous peoples' life should be at the basis of the recognition of indigenous peoples collective rights to effective participation and to free and informed consent to every project or decision affecting them. * The author collaborates with several organizations including: Comitato Internazionalista Arco Iris, Rome, Italy, and the Association of Latin-American Studies 'Amerindiani', Perugia, Italy, and TRIALOG, Vienna, Austria. I UN Doc. E/CN.4/Sub.2/1997.17, para. 52.

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