Legislation applicable to the indigenous people of northern Chile

Abstract

The paper discusses the legal situation of the indigenous groups of northern Chile (particularly the Ayrnarás and Atacameños) and the legislation currently applicable to them. It points out that the current Indigenous Law No. 17,729 of 1972 is only applicable to the Mapuches of southern Chile, and not to the other indigenous groups. Since there is no special law that contradicts their previous legal situation during colonial times, and the Republic of Chile has recognized the Spanish law codified in the "Recopilación de las Leyes de Indias" (1680), which accepted custom as a source of law, it is concluded that the indigenous groups mentioned above are, to this day, governed by their customary law, established by their uses and customs.