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Original article: Kast va por la Ley Indígena: propone permitir arriendos e hipotecas sobre tierras ancestrales

José Antonio Kast announced his intent to reform Indigenous Law 19.253 and will advocate for a reform that allows leasing and mortgaging of ancestral lands.

This initiative, presented during his first Public Account, is part of a policy aimed at providing «freedom» and addresses a highly sensitive issue that cuts to the core of the historically strained relationship between the State and Indigenous peoples: land ownership.

The far-right leader seeks to lift current restrictions on the use of these territories and open the door for leasing and mortgaging, arguing that: «many lands have been allocated but are not being utilized.»

Indigenous Law No. 19.253, enacted in 1993, established the National Indigenous Development Corporation (Conadi) and set mechanisms to protect Indigenous lands while fostering the development of Indigenous communities in Chile. Any reform to this regulation, per constitutional and conventional mandates, will inevitably require the implementation of mandatory legal consultation rights with ancestral communities.

According to Kast, the goal is to reformulate existing procedures and review the system by which the State acquires and transfers land to Indigenous communities.

In his speech, Kast mentioned that his administration intends to modify the Indigenous consultation process established under ILO Convention 169 and stated he aims for it to be «legitimate and free from any interference from those who promote violence or act in bad faith,» as reported by Bio Bío Chile.

Additionally, he will intervene in the purchasing system for the lands of ancestral communities, applying new regulations.

“We are conducting a thorough analysis of everything that has happened in land purchases. We need to review the amounts paid, and what the results of these land allocations have been,” he stated before Congress.

However, this proposal raises alarms over the potential weakening of collective protections for Indigenous lands and their incorporation into market logic, as well as concerns about Chile’s compliance with its commitments in this area.

.*Featured image: Diario Mapuche,

La entrada Kast Pushes for Indigenous Land Law Reforms Allowing Leases and Mortgages on Ancestral Lands se publicó primero en El Ciudadano.