Impact on Chile's Sovereignty over Rapa Nui

The constitutional project states in Article 238 that “in the special territory of Rapa Nui, the State guarantees the right to self-determination and autonomy of the Rapa Nui Polynesian nation, ensuring the means to finance and promote its development, protection, and well-being under the Agreement of Will signed in 1888, by which it was incorporated into Chile. The collective ownership of rights over the territory is recognized for the Rapa Nui people, except for the rights over individual lands of its members. The Rapa Nui territory will be governed by an autonomy statute.”

The new text elevates to constitutional status a pact that would have been agreed upon between the Rapa Nui chiefs and Captain Policarpo Toro, which the convention members refer to as the “Agreement of Will.” Thus, the relationship between Easter Island and Chile would be based solely on this agreement. However, it adds more permanent responsibilities, as the State would need to ensure the means to “finance and promote its development, protection, and well-being,” terms that are at least vague.

It is important to remember that at the time of Easter Island’s incorporation into the Chilean State, Rapa Nui was desolate and its population reduced to about 150 inhabitants, a result of the forced “engagement” to work under semi-slavery conditions in Peru.

At that time, only States were considered subjects of international law and could enter into international agreements. Moreover, the Berlin Conference of 1885 regarded as “occupiable” those territories not under the effective control of “civilized nations,” a justification used by European powers to seize Africa. This harsh and unjust reality was, however, the existing and valid situation at that time, so the integration of Rapa Nui into Chile was more of an occupation or a definitive cession of sovereignty by the tribal chiefs, in order to confront the predation they were subjected to. Given this, no possible agreement was sent to the National Congress for approval.

The proposed Fundamental Charter opens the door to argue that the incorporation of Rapa Nui into Chile is conditioned on certain circumstances or contributions that this “Polynesian people or nation” may consider insufficient, claiming that Chile has not fulfilled its obligations. This would also facilitate recourse to UN decolonization bodies, with the implications that this entails, diminishing our capacity for influence in a mega-space where ambitious agendas of great powers converge and whose fate will directly affect Chile’s maritime heritage.

Regarding Rapa Nui, the constitutional project will generate greater internal and international conflict, weakening Chilean sovereignty over the island and its surroundings.

Dr. iur. Teodoro Ribera Neumann
Rector, Autonomous University of Chile
Former Minister of Foreign Affairs
Member of the Advisory Council of AthenaLab