Despite Chile’s recent failed attempts at constitutional reform, Indigenous land rights are (still) governed by the much-contested Indigenous Law of 1993 (Law No. 19,253). The land restitution program foreseen in this law is extremely slow and controversial, and the establishment of Indigenous territories (by ordinary law) appears far from reality. At the same time, there are a few recognized Indigenous territories in Chile, and they are constantly faced with a high density of hydro-electric plants, extractivist activities, disproportionate forest and logging exploitation, salmon farming and a growing tourism industry. Over the years, Indigenous Peoples have reacted in different ways to dispossession and encroachment. Driven by frustration, some have assertively occupied their ancestral lands. Others have filed lawsuits and found a more equitable venue to claim their rights in the national courts. Against this background, this chapter analyzes the processes of dispossession faced by Indigenous Peoples in relation to their traditional lands in the north and south of Chile over recent decades, how they contested the titles to ownership and possession of such territories, and the outcomes of their litigation strategies. After the public rejections of constitutional reforms in 2022 and 2023, it remains uncertain how Indigenous land rights will be governed in the coming years or how they will be treated in any potential reforms to Pinochet’s Constitution of 1980. Despite the unfavorable legislative framework, this chapter argues that Indigenous strategic litigation can best advance and support land rights in Chile.

Throughout this book, I have maintained that populism and constitutionalism, and in particular post–WWII constitutionalism (of which Italy is a prime example, as seen in Chapter 2) cannot be reconciled, due to the exclusionary, holistic and majoritarian nature of populism. As we saw in Chapter 1, this does not mean that populism and constitutionalism cannot have something in common, namely the importance of emotional reactions and the distrust of political power.