Navigating reparation and reconciliation with Kawésqars. A critical analysis of the Historical Truth and “New Deal” Commission implemented by the Chilean state to achieve reconciliation

Abstract

This thesis critically analyzes the transitional justice mechanism promoted by the Chilean state in relation to the Kawésqar people, with particular attention to the Historical Truth and New Deal Commission. A qualitative methodology was implemented, based on semi-structured interviews. The analysis combined critical transitional justice frameworks with the perceptions and experiences of key Kawésqar individuals, aiming to identify culturally grounded elements for a reparation and reconciliation process that addresses the ongoing impacts of colonial injustices. The findings demonstrate that the Commission failed to establish a culturally meaningful process of reparation and reconciliation, lacking genuine intercultural dialogue and disregarding the Kawésqar voices, cosmovision and their heterogenous territorial constructions. Interviews revealed that respect, rebuilding trust, legal recognition, and state acknowledgment of both historical and ongoing harms are not outcomes but necessary preconditions for any legitimate process. The study underscores the need for bottom-up, transformative approaches to transitional justice—those that respect Indigenous heterogeneity, include memory as a living practice, and confront structural inequalities. It advocates for a paradigm shift toward sustained, dialogical engagement rooted in Kawésqar cosmovisions and community agency. Key words: reparation, reconciliation, transitional justice, Indigenous People, memory.