**Author details**

*Education, Human Rights and Peace in Sustainable Development*

inferior human beings.

oppression [41].

existence.

in the Chilean legal system.

2.Vulnerability. Taking on the above, whatever the option, it is fundamental that the Mapuche people abandon their self-identification with the "vulnerable human groups," promoted by the indigenists and human rights activists. There is no doubt that the recognition of a catalog of human rights for indigenous peoples has allowed their visibility at the international ambit, but it is true that this also perpetuated their dependence on current imperialism—external and internal—which in exchange for "cultural rights" exploits the indigenous ancestral territories, submerging in poverty the people who inhabit them and forcing the exodus to the metropolis; without going any further, in Chile, the vast majority of the Mapuche—about 70 or 80%—have been born and are currently living in Santiago. In my opinion, vulnerability is another symptom of the "coloniality of being" which, through racism and the taxonomy imposed by modernity, continues to perpetuate the classification between superior and

3.Victimhood. It would be prudent, too, that the Mapuche will not continue using the policies of "victimhood," designed by the Chilean governments following the Pinochet dictatorship, since they only perpetuate a dialectic of violence and submission of the Mapuche people with respect to the Chilean State. Instead of empowering indigenous peoples, it ends up decimating them, dehumanizing them, atomizing their collective struggles through "clientelism," and exposing their situation through the "emblematic cases" that would apparently benefit an entire population, but in truth they only end up giving revenues to the people, activists, and Chilean political parties that are behind these claims. In my opinion, victim status is just a transitory situation. For the rest, remember that self-flagellation perpetuates the

4.Toward decolonization of the indigenous law. In the end, it is worth remembering that the law is one of the areas that has served most to

regulate and impose the modern colonialism, which is why its development and control have always remained in the hands of the elites, who always seek to preserve their privileges, through the promotion of capitalism and representative democracy, as constitutive expressions of the "coloniality of power." That is why the emancipation of indigenous peoples is impossible without removing that "colonial matrix of power," without reaching a "second decolonization" [42] that puts us again before the dilemma: rebuilding a "negative or oppressive identity" that keeps us in the vulnerability and dependence or, instead of that, reconstructing a "positive or emancipatory identity" that leads us toward self-determination and a sovereign political

5.Recovery of Mapuche's nomogenetic capacity. In general, for Latin America, it is affirmed that the indigenous' own law managed to survive, notwithstanding the "epistemicide" applied by European colonialism [43]. That's why within the movement for self-determination, there is a sector that interpellates the Chilean State to recognize what was agreed in various treaties signed between the seventeenth and nineteenth centuries, in which the Mapuche was considered as a free and sovereign people over their territories [44]. In other words, the survival of the obligations acquired by the pre-republican and republican authorities before the Mapuche people is raised, providing arguments in favor of the recognition of the nomogenetic capacity of the latter and legal pluralism

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Jorge Aillapán Quinteros Center of Mapuche Studies and Research "RÜMTUN", Santiago, Chile

\*Address all correspondence to: abogado@aillapan.cl

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