ABSTRACT

This chapter discusses the implications of the notion of indigenous archaeological heritage, which has recently emerged as a strong component of the ethnic demands of Chile's different indigenous communities. The legal framework governing the protection, promotion, and management of Chile's archaeological heritage includes a broad range of legal provisions found in the constitution, current legislation, and international conventions. The most important law for Chile's archaeological heritage is the Law of National Monuments (LMN), a legal text dedicated to the protection, promotion, and management of Chile's cultural heritage. The Environmental Framework Law of Chile considers archaeological heritage as an element that must be protected when projects are proposed that could have environmental impact. From the standpoint of archaeological scientific investigation it should be noted that, in principle, it is irrelevant whether the ownership of archaeological evidence rests with the state or a given Chilean community.