Abstract

The article discusses the failed indigenous consultation and participation process between the Chilean government and the Mapuche community regarding the reform of the Chilean Indigenous Act. At the outset of the article, the legal and historical background of the indigenous consultation process will be introduced, elucidating the difficulties that permeate the process. Subsequently, the article describes the reform and the failures of the indigenous consultation. The article argues that the failures can be explained through postcolonial theories of law and by a comparative analysis with other Latin-American countries, and introduces a national and an international approach for change.

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