Francisca Linconao Huircapán (born September 18, 1958), also known as Machi Linconao, is a ''
machi'' (a
Mapuche
The Mapuche ( (Mapuche & Spanish: )) are a group of indigenous inhabitants of south-central Chile and southwestern Argentina, including parts of Patagonia. The collective term refers to a wide-ranging ethnicity composed of various groups who s ...
spiritual authority) and human rights activist in
Chile
Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the eas ...
. She became the first Indigenous rights defender in Chile to successfully invoke the 1989
Indigenous and Tribal Peoples Convention
The Indigenous and Tribal Peoples Convention, 1989 is an International Labour Organization Convention, also known as ILO Convention 169, or C169. It is the major binding international convention concerning indigenous peoples and tribal people ...
when she sued to stop a company from logging a forest adjacent to her community. In 2021, she was elected as a representative of the Mapuche people to the
Chilean Constitutional Convention election.
Early life
Linconao was born in
Padre Las Casas, Chile
Padre Las Casas () is a Chilean city
A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd e ...
, in 1958.
She was one of nine children, and her father died when she was a baby.
Despite her initial hesitation, wanting to stay in school, at age 12 she became a
''machi'', a Mapuche traditional healer and religious leader.
She went on to become both a spiritual leader and a human rights defender for the
Mapuche people
The Mapuche ( (Mapuche & Spanish: )) are a group of indigenous inhabitants of south-central Chile and southwestern Argentina, including parts of Patagonia. The collective term refers to a wide-ranging ethnicity composed of various groups who sh ...
.
''Machi Linconao v. Palermo''
In 2008, she submitted a protection action known as a ' against Sociedad Palermo Ltd., owned by the Taladriz family, to stop the company from illegally felling trees and shrubs of the
native forest along the slopes of Cerro Rahue and replacing them with pine trees.
The trees and shrubs were located within the Palermo Chico farm, next to her community. The logging was affecting not only the Cerro Rahue ecosystem but also a
wetland
A wetland is a distinct ecosystem that is flooded or saturated by water, either permanently (for years or decades) or seasonally (for weeks or months). Flooding results in oxygen-free (anoxic) processes prevailing, especially in the soils. The ...
known as a ''menoko'' that Linconao and her people consider sacred.
In 2009, the ruled in Linconao's favor, a ruling that was upheld by the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. It was the first judgement in Chile that took into consideration the 1989
Indigenous and Tribal Peoples Convention
The Indigenous and Tribal Peoples Convention, 1989 is an International Labour Organization Convention, also known as ILO Convention 169, or C169. It is the major binding international convention concerning indigenous peoples and tribal people ...
of the
International Labour Organization
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...
, making Linconao the first Indigenous rights defender in the country to successfully invoke the convention.
Luchsinger-Mackay case
In 2013, Linconao was one of the Mapuches linked to the , in which a couple, Werner Luchsinger and Vivianne Mackay, died in a house fire that was blamed on
arson
Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, wat ...
amid the
Mapuche conflict
The Mapuche conflict ( es, conflicto mapuche) involves indigenous Mapuche communities located in Araucanía and nearby regions of Chile and Argentina. It is often referred to as a conflict between the Mapuche and the Chilean government or state. ...
. Linconao was arrested in the afternoon on the day of the fire. She was accused of terrorism and illegal arms possession. Authorities alleged an improvised shotgun was found at her home during a raid, but during her trial the official who had supposedly found the shotgun in her home never testified, and no one could even recall his name. The court dismissed the charges, acquitted Linconao, and ordered she be compensated.
On March 1, 2016, she was imprisoned and faced a new judicial process for the same charges. She began a hunger strike on December 22, 2016, after spending nine months in
pretrial detention. Fourteen days later, she ended her hunger strike after the Temuco Court of Appeals allowed her to leave pretrial detention and instead be put under
house arrest
In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if ...
.
On August 22, 2017, the
World Organisation Against Torture
The World Organisation Against Torture (''Organisation Mondiale Contre la Torture''; OMCT) is the world's largest coalition of non-governmental organisations fighting against arbitrary detention, torture, summary and extrajudicial executions, ...
's Observatory for the Protection of Human Rights Defenders, the
International Federation for Human Rights
The International Federation for Human Rights (french: Fédération internationale des ligues des droits de l'homme; FIDH) is a non-governmental federation for human rights organizations. Founded in 1922, FIDH is the third oldest international h ...
, and the Chilean organization Observatorio Ciudadano issued a statement of concern about using the Chilean against Linconao and 10 other Mapuche community members.
The in Temuco acquitted Linconao on October 18, 2017. But then, on December 29, 2017, the Temuco Court of Appeals annulled that decision, ordering the reopening of the case. Eventually, on May 10, 2018, she was acquitted of all the charges against her.
Chilean Constitutional Convention
In January 2021, Linconao gathered the required signatures to become a candidate for the
2021 Chilean Constitutional Convention election
An election for the members of the Constitutional Convention was held in Chile between 15 and 16 May 2021. This election was called after 78% of voters in the 2020 national plebiscite voted to write a new Constitution through this method.
Aft ...
, running to represent District 23 of the
Araucanía Region
The Araucanía ( ), La Araucanía Region ( es, Región de La Araucanía ) is one of Chile's 16 first-order administrative divisions, and comprises two provinces: Malleco in the north and Cautín in the south. Its capital and largest city is Te ...
, and as a representative of the Mapuche people.
In the constituent election held in Chile on May 15–16, 2021, she obtained 83.51% of the votes where there were votes from the Mapuche people, becoming the candidate with the most votes among Indigenous peoples. Thus, she was elected as one of the seven Mapuche representatives in the Constitutional Convention.
Early reports suggested that Francisca Linconao was seen as "the natural candidate" for indigenous members of the Constitutional Convention to support for president of the body. However, Linconao declined to run, instead proposing that
Elisa Loncón stand for the presidency of the convention during a
Winter solstice
The winter solstice, also called the hibernal solstice, occurs when either of Earth's poles reaches its maximum tilt away from the Sun. This happens twice yearly, once in each hemisphere (Northern and Southern). For that hemisphere, the winte ...
meeting held in her house in
Padre Las Casas.
Loncón agreed to run for the presidency, and was elected on 4 July 2021 after the convention was inaugurated.
References
{{DEFAULTSORT:Linconao, Francisca
1958 births
Mapuche women
Chilean human rights activists
Chilean people of Mapuche descent
Indigenous rights activists
Living people
Members of the Chilean Constitutional Convention
Mapuche politicians
Shamans
People from Cautín Province
20th-century Mapuche people
21st-century Mapuche people
Indigenous activists of the Americas