© Familia Chuñil.
Relatives of the Chilean Indigenous environmental defender Julia Chuñil must be granted immediate protections by the Chilean State, the Committee to Support Implementation and Compliance of the Escazú Agreement ruled, in response to a request supported by ISHR. This marks the first time the regional treaty urges a signatory State to take protective action.
Nearly a year after the disappearance of Indigenous environmental human rights defender Julia Chuñil, the Committee to Support Implementation and Compliance of the Escazú Agreement has recognised the urgent need to protect her relatives, who have repeatedly expressed concerns for their safety since her disappearance.
Chuñil was last seen 8 November 2024 near her home near the comune of Máfil, in southern Chile. She started her fight for her land in 2015, leading an Indigenous community engaging in the protection of animals and the conservation of ancestral forest. She had repeatedly suffered harassment and intimidation efforts by a local business owner intent on taking her land, as well as other individuals allegedly paid by him.
To this day, Chuñil’s whereabouts remain unknown.
Since her disappearance, her relatives denounced an ineffective investigation by local authorities, marred by prejudice against the Mapuche Indigenous group which they are a part of. National authorities, they said, have also been slow to take measures to protect them from the same threats that weighed over Chuñil, even casting doubts about whether her fate could be tied to her environmental activism and Indigenous leadership role.
Faced with authorities’ inaction, Pablo San Martín Chuñil, Julia’s son, petitioned the Committee to Support Implementation and Compliance of the Escazú Agreement, which concluded that there is evidence of intimations, threats and stigmatisation against Julia’s family and therefore decided to activate its rapid response mechanism to compel the State to act.
The Committee accepted the petition and in a communication received on 22nd October it urged Chile to take immediate precautionary measures to ensure the safety of Chuñil’s relatives.
‘We are satisfied with the decision, which demonstrates what we have been saying and confirms the constant mistreatment we have experienced and the criminalisation that is being perpetrated against us as a family. We hope the State listens and that things change.'Pablo San Martín Chuñil, Julia Chuñil's son and the main petitioner before the Committee.
ISHR and Fundación Escazú Ahora supported Pablo San Martín Chuñil in his petition process.
Signed in 2021, the Escazú Agreement is a binding regional human and environmental rights treaty that covers Latin America and the Caribbean. It has 17 State parties, including Chile since 2022.
Article 9 of the treaty binds States to protect environmental human rights defenders. In response to Pablo San Martín Chuñil’s petition, the Committee to Support Implementation and Compliance found Chilean State authorities to be in breach of this article, marking the first time the Escazú Agreement’s rapid response mechanism is triggered to force a party into action.
'The State has abandoned its obligations, and the need to resort to international action has been imperative. The family has experienced harassment for which authorities must at least respond today. Authorities must comply with one of the committee's clear recommendations, which is to prevent, investigate, and guarantee the non-repetition of any form of police, criminal, or judicial harassment against Julia's immediate family.'Karina Riquelme Viveros, attorney for Julia Chuñil's family.
The Committee also requested the Chilean State provide a written update detailing progress on enacting protective measures for Julia Chuñil’s relatives by 10 November.
‘This must be the first concrete step towards solving Julia's disappearance and achieving justice in this and many other cases of enforced disappearance of environmental defenders. We urge the Chilean State to respond to the request for information within the time frame established by the Mechanism and to adopt the necessary measures to protect Julia's family.’Ulises Quero, program manager for ISHR
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The Inter-American Court of Human Rights examines the Escazú Agreement's role in safeguarding environmental defenders, a landmark move for climate justice and human rights.
On 15 June 2022, the National Assembly of Niger passed a law on the rights and duties of human rights defenders. This makes Niger the fourth African country to adopt such a law. However, for the law to produce the desired effects, it must be widely known and understood by all stakeholders. The establishment of an independent and inclusive protection mechanism will ensure the full implementation of the law.
