The International Law of Discovery, Indigenous Peoples, and Chile

law in force at the time they were asserted.11 We hope that our effort will add to the work that has already been completed, and to that which is currently under way, to erase the Doctrine from international and national laws and to help reverse some of its pernicious effects on indigenous peoples. In Part II, we describe what the Doctrine of Discovery is, how it was developed in Europe, and how it was applied by Spain in the New World. Part III examines Chilean history and law to investigate whether Spanish and Chilean governments applied the Doctrine to the indigenous peoples that inhabited that region. We conclude in Part IV that Chile, just as all colonizing settler countries, must first recognize their use of the feudal, ethnocentric, racial, and religiously inspired international law of Discovery against indigenous peoples.

Any attempt to redress past wrongs, and to create a more positive and equal future for all Chileans, must begin with recognition of this truth. From there, serious efforts should be made to eradicate the vestiges of Discovery from Chilean law and culture.