Outcome Of Universal Periodic Review On Chile 2009: United Nations Human Rights Council
CARLOS PORTALES, Permanent Representative of Chile to the United
Nations Office at Geneva, said that the presentation of Chile's national report
during the Universal Periodic Review had been a real opportunity to inform on
what had been achieved in their country and to renew their commitment to take
up remaining challenges. The democratic system of Chile was based on the
respect of all human rights: civil, political, social, economic and cultural. The
Universal Periodic Review had been a frank and constructive exchange. With
regard to advances made since the discussion of their report, the Government
of Chile had progressed further against impunity and last June they had
deposited in New York the ratification mechanism for the Rome Statute, making
their accession to the International Criminal Court official. Ratification of the
International Convention for the Protection of all Persons against Enforced
Disappearances would be soon deposited. This week they had also signed two
important instruments: an agreement for the establishment of a regional office
of the Office of the High Commissioner for Human Rights in Chile, and the
Optional Protocol of the International Covenant on Economic, Social and
Cultural Rights.
Mr. Portales further noted that that there had been an agreement for the
reopening of the Chilean Truth and Reconciliation Commission for a period of
six months in order to register new complaints. Last August, a seminar had
been held in Chile with the aim of seeking the most practical way to create a
national mechanism to fight torture and inhuman treatment. They would also
soon codify the offence of torture. To comply with the Vienna Declaration, the
Government was working on a national human rights plan with a view of
protecting and promoting all human rights. Nine days ago, the International
Labour Organization Convention 169 had also come into force.
IDRISS JAZAIRY (Algeria) said Algeria highly appreciated the acceptance by
Chile of the vast majority, 71 out of 78, of the recommendations received during
the presentation of its national report, as this was a genuine testimony of the
country's firm commitment to the protection and promotion of human rights.
Chile was commended for its commitment to eliminate discrimination against
women, and to eliminate existing obstacles that prevented them from accessing
the labour market. The acceptance of the recommendation to include in its
legislation the principle of equal pay for equal work and to ensure that this was
scrupulously observed by employers was welcomed, and the readiness of the
Government to further guarantee effective access to education for all children
was encouraging, in particular with regards to those from marginalised
communities and children whose families lived in rural areas or below the
poverty line.
OMAR RABI (Morocco) said that Morocco congratulated the Government of
Chile for its dedication to human rights and its collaboration with the Universal
Periodic Review. It further congratulated Chile for accepting the
recommendations that had been made to it by Morocco and welcomed its
prompt response in this regard. With regard to the issue of migration, Morocco
said that Chile's response confirmed Chile's commitment to the promotion and
protection of the human rights of migrants. Morocco had also taken note with
satisfaction of Chile's efforts in fighting trafficking and promoting nondiscrimination,
and it encouraged Chile's work in this regard.
ANGELINO GARZON (Colombia) thanked Chile for the diligence they had given
to the various recommendations and congratulated it for the voluntary
commitments it had made and noted its determination to draw up a national
human rights plan. They also noted the invitation extended to the Human Rights
Council Special Procedures. This all showed the firm commitment Chile had
with regard to the promotion and protection of human rights.
MARIANA OLIVERA WEST (Mexico) said Mexico thanked Chile for its obvious
commitment to human rights and its cooperation with the various treaty
mechanisms, and for the recent adoption of the Rome Statute and the approval
of the bill on forced disappearances by the Congress. The recent acceptance of
the Optional Protocol and a national mechanism for the follow-up to the
Optional Protocol on the Convention against Torture was positive, as was the
adoption of the National Human Rights Plan. Chile was encouraged to protect
the human rights of indigenous persons. Efforts were underway to protect the
human rights of the entire population, and this was encouraging.
NESTOR CRUZ TORUNO, (Nicaragua) said that Nicaragua congratulated
Chile, a neighbouring country, on its recent Universal Periodic Review.
Nicaragua welcomed the recent initiative aimed at establishing a National
Institute for Human Rights. Nicaragua encouraged Chile to comply with the
various legislative initiatives that had been submitted to its parliament for
consideration.
KLARA TUNYOGI AKOTS (Hungary) welcomed the decision of the
Government of Chile to accept or answer almost all of the recommendations
and commended Chile for the creation of a national institute for human rights.
They were also glad to note that Chile had launched a national human rights
plan, as well as the ratification of the Rome Statute and the Convention on
Enforced Disappearances. Hungary would welcome an update on the drafting
of the amendment of the criminal law with regard to combating all forms of
trafficking in human beings and on measures the Government intended to take
in order to improve the situation of refugees and to guarantee the full realization
of their rights.
JOHN FISHER, of Canadian HIV/AIDS Legal Network, said Chile had agreed to
strengthen measures to counter discriminatory attitudes in society, implement
public education, and equality initiatives to prevent discrimination on the basis
of sexual orientation and gender identity, and prohibit by law discrimination on
the grounds of sexual orientation. These were very positive initiatives which would strengthen Chile's leadership in this area. It was regretted that Chile
rejected two recommendations dealing with access to safe therapeutic abortion,
and noted that these recommendations addressed efforts to ensure that Chile's
laws were in conformity with its international human rights obligations. The
Government's positive response to most recommendations was appreciated,
and it was encouraged to fully involve Chilean civil society in follow-up
discussion of all recommendations raised during the Working Group.
MARIANNE LILLIEBJERG, of Amnesty International, said that Amnesty
International welcomed the positive measures taken by Chile recently, including
the ratification of the Rome Statute of the International Criminal Court and the
approval by Congress of a law to create a national human rights institution. In
order to further strengthen this institution, Amnesty International called on Chile
to ensure that the national human rights institution enjoyed independence in its
powers and functions, and recommended that Chile drew on good practices in
the establishment. Amnesty International also reiterated its call that Chile act to
nullify the 1978 Amnesty Law, and its concern that the Anti-Terrorism Law might
have been applied in a discriminatory manner against indigenous peoples. It
further supported calls on the Government to publicize its plans to achieve full
implementation of International Labour Organization Convention 169, and
underscored the importance of effective consultation to the process of
constitutional recognition of the rights of indigenous peoples currently underway
in Chile.
DANIELLE MITTERRAND, of France Libertés: Fondation Danielle Mitterrand,
said that the current session had seen recommendations with regard to the
Mapuche indigenous people living in Chile. The criminalization of the
demonstrations undertaken by these peoples was a crime and was unjustified,
as was the expulsion of journalists reporting on this issue. Today, the Chilean
State had set up a rather ambiguous strategy and the lands of the communities
normally protected by indigenous law were now threatened by destructive
projects by multinational corporations. At the same time, the Chilean State had
forced very cruel repression on the indigenous people; the anti-terrorist law was
applied solely to members of the indigenous community. In order to improve the
situation, the Human Rights Council needed to intervene to make sure that the
Chilean State no longer criminalized the activities of indigenous people.
REYNALDO MARIQUEO, of Society for Threatened Peoples, said Chile defined
itself as a unified country, signifying that it did not recognise peoples such as
the Mapuche with their own singularities, and persisted in promoting cultural
uniformity based on a Euro-centric vision. This was one more confirmation of
hegemony and colonialism, and the Government was endeavouring to
dispossess the Mapuche of their cultural identity, by denying them the principle
source of their identity, their ancestral lands. Far from addressing the unjust
treatment of the Mapuche, the Government was perpetuating this, thwarting
their legitimate aspirations through the assimilation process, rarely consulting
them on matters relevant and pertinent to them. Chile had voted in favour of the
United Nations Declaration on the Rights of Indigenous Peoples, but
criminalised leaders who promoted freedom, autonomy, and self-determination
for the Mapuche people.
CAMILA LISA ASANO, of Conectas Direitos Humanos, said that Conectas
Direitos Humanos welcomed the course the Council had taken and thanked
States for the information they had given and the recommendations they had
made to the Government of Chile. Many internal problems in Chile still needed
to be addressed and the Chilean Government excused itself by noting the lack
of will of other state powers. Conectas Direitos Humanos asked the Secretary of
the Presidency to create a follow-up mechanism for the recommendations of the
Universal Periodic Review.
ANDREA MARIFIL, of International Association Against Torture, noted, in
connection with recommendations requesting investigations into alleged cases
of torture and bringing to justice those responsible of these acts, that it was a
norm that Chilean police issued all kinds of threats and inflicted inhuman and
degrading treatment on detained persons. The fact that the Chilean
Government continued to apply the anti-terrorist law and continued to use
military tribunals in connection with cases of indigenous people violated the law.
TOMAS ALARCON, of Juridical Commission for Auto-Development of First
Andean Peoples (CAPAJ), said the Government of Chile was requested to
adopt new measures to fight against trafficking in human beings. The people of
Tacna and Arica had been separated by borders. Many Peruvians in Chile
found difficulties in gaining employment, and thousands were illegal in Chile,
leading to situations of violence for those who were looking for employment and
were without protection. It was urgent to have frank and sincere support for
these people, which had not yet been provided or offered by the State.
GODSHAN PAZHOCH, of Organization for Defending Victims of Violence, said
that the Organization for Defending Victims of Violence believed that the
membership of Chile in several international human rights conventions and
covenants spoke of Chile's determination and will for the promotion of human
rights in the country. While these efforts were welcomed, the Organization for
Defending Victims of Violence also believed that the processing of some human
rights shortfalls, mentioned in the Council's final report's conclusions and
recommendations, including the rights of indigenous peoples and the lack of a
national institution for human rights, would strengthen the human rights situation
in Chile. To this aim, the investigation of claims of police brutality and domestic
violence and gender-based violence and efforts to take measures to quickly
stop these behaviours must be placed in the agenda of the Chilean
Government.
RONALD BARNES, of the Indian Council of South America, congratulated Chile
for its constructive participation and completion of its first Universal Periodic
Review. Chile had to be commended for its support for the Declaration on the
Rights of Indigenous People. In this regard, it was brought to their attention by
Mapuche representatives that there were historical treaties that were signed
with Spain and which Chile had also signed. These treaties were the root of
disagreement and conflict that was leading to detention and imprisonment, even
when raising these claims in a non-violent manner. The Indian Council of South
America called upon Chile to fully review its treatment of indigenous peoples, in
particular its treaty commitments with the Mapuche people.
MARIA DANIELA RIVERO, of International Commission of Jurists, said in the
Working Group several recommendations were made to Chile on the need to
modify military justice legislation, which was incompatible with international
standards, and to modify the structure of military justice with the aim of ensuring
their impartiality and independence and the right to a fair trial. Military courts
should be independent. The model of military criminal justice in Chile assumed
that judges were submitted to due obedience to their superiors. The provision of
justice in the armed forces was worrisome. Several international human rights
instruments as well as international jurisprudence in human rights stipulated
that military jurisdiction had to be limited to offences that were strictly military,
and thus the Council should include such a recommendation to Chile.
DEREK BRETT, of Conscience and Peace Tax International, said with regard to
paragraph 53 of the outcome of the Working Group, that it was of course
commendable that persons whose relatives had suffered human rights
violations were exempted from the obligation to perform military service.
However, this was an extension of the compassionate exemption and not a
question of conscientious objection. Chile was perhaps fortunate not to have
been asked directly about conscientious objection to military service. The
refusal of illegal orders was also in theory an obligation and not a matter of
conscientious objection. Illegality was however very hard to prove on the ground
at the time, so any change giving more protection to service personnel who
attempted to refuse illegal orders was to be commended.
WANDA NOWICKA, of Federation for Women and Family Planning, said that
the failure to implement recommendations contained in paragraphs 24 and 37
and the failure to ensure that women and girls had access to safe therapeutic
abortion constituted a continued violation of Chile's international human rights
obligations and endangered the lives and health of women and girls. With
regard to the right to life, freedom and personal safety, the Chilean Government
must provide protection for transsexuals and women engaged in sex work to
prevent them from continuing to be victims of murder. A gender identity law
including change of name and sex without sex reassignment surgery or
hormonal treatment as compulsory requirements must be promulgated, to
ensure respect for the right of transsexual individuals to bodily integrity and their
reproductive choices.
CARLOS PORTALES, Permanent Representative of Chile to the United
Nations Office at Geneva, in concluding remarks, thanked all for their
comments, which would be passed on to the Government to be analysed so
Chile could move forward in the implementation of its international obligations.
With regards to the reproductive health matter, in the 1960s Chile made huge
advances on child and maternal health, providing free care across the territory
and reducing child and maternal mortality significantly. Chile was one of the
countries that had reached the Millennium Development Goal on maternal
mortality. Ninety-nine per cent of births were in hospitals, and more and more
indigenous peoples were accepting that, with traditional methods dovetailing
with hospital birth. Chile was at the vanguard regarding effective promotion of
rights for children, and provided contraceptives, including emergency
contraception, to women who wished them, thus preventing dangerous and risky pregnancies. Women could also be sterilised without needing the
husband's agreement. Forced sterilisation was illegal. Therapeutic abortion was
under discussion. Medical care in Chile had nothing to do with the origin of the
disease. The Health Minister had told the Ministry that although abortion was
illegal under the Constitution, there should be no confessions extracted from
women when they needed medical care.
On indigenous peoples, the main concern was to increase participation and
decision-making and the involvement of civil society, and over the years a range
of goals had been achieved in this regard. There was an ongoing policy to
restitute and restore indigenous land. There were inter-cultural health
programmes for indigenous peoples, and inter-cultural kindergartens. Work was
also being done to provide better infrastructure to indigenous peoples.
However, there was continuous conflict in particular with regards to land.
Regulations had been approved on consultations with indigenous communities.
This reaffirmed the political will of the Government to have a clear dialogue with
these bodies in order to fulfil the Covenant and ensure that their rights were
fulfilled. He wished to thank all for their contributions, which allowed the country
to improve its legal framework, and perfect its institutions and policies for the
ongoing improvement of human rights and fundamental freedoms.
The Council then adopted the outcome of the Universal Periodic Review for
Chile.
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