Chile

The Chilean mid-term assessment demonstrated a very high record of implemented recommendations: one fifth has not been implemented, one third has been fully implemented, and approximately one half has been partially implemented.

Stakeholders have commented upon 116 recommendations out of 122. 80 percent of NGOs that took part in the UPR participated in the Follow-up Programme. Civil society in Chile is very active, and very committed to exploring UPR opportunities.

28 percent of recommendations received and commented upon in the MIA were of action category 5, matching the average of States in these case studies:

3.2.1. Indigenous rights

In spite of several civil societies’ critics regarding the governmental policy on indigenous rights, the Government of Chile said that Chile has developed an indigenous policy entitled “Historical Reunion”, which focuses on dialogue with the nine indigenous peoples inhabiting our country, from five different standpoints:

participation and consultation, culture and identity, indigenous institutional framework, land and comprehensive development. On September 1, 2010, Chile submitted the first report on the implementation of the Convention to the competent ILO agencies and in September 2011, the replies to direct questions made by the Committee. Within the framework of “Dialogue for a Historical Reunion” 65 round tables have been carried out at a national, regional, provincial and municipal level since 2010. In the last few years, 25 consultation processes have taken place on several matters directly affecting indigenous peoples, including the claim for a consultation mechanism that is presently at a “pre-consultation” stage to define its implementation (consulta de la consulta). Additionally, on June 7, 2010, the Council of Ministers for Indigenous Affairs, responsible for assisting the President in the design and coordination of public policies addressed to indigenous peoples, was created. Finally, it must be noted that on January 15, 2012, indigenous peoples democratically elected their representatives to the position of indigenous councillors of the Indigenous Development National Corporation. The Government reactivated mechanisms to deliver lands to indigenous peoples in a transparent, objective way, accompanied by a production support and technical assistance agreement. As at December 31, 2011, purchase of lands under article 20b) of the Indigenous Land amounted to CLP 27,047 million (100% of funds allocated), or the equivalent to the purchase of 54 lots and 10,335 hectares to the benefit of 44 communities or 1,181 families. The subsidy mechanism has also been strongly fostered. In this regard,

related to the rights of indigenous peoples have been undertaken since 2007.

However the effectiveness of many of them is still unclear. Political representation of indigenous people remains weak. Though they make up nearly 7% of the population, indigenous peoples are not represented in Congress.¹⁷

3.2.2. Trafficking and refugees

One law regarding refugees and another one concerning trafficking were enacted: on April 12 2010, Law No. 20,430, which “sets provisions on the protection of refugees”

and establishes the “Commission for the Recognition of the Refugee Status”, and on April 1 2012, Law No. 20,507, which “codifies the illicit traffic in migrants and in human beings and sets regulations for its prevention and a more effective criminal prosecution”¹⁸.

3.2.3. Women’s rights

On women and equality rights, Chile has taken positive steps to deal with domestic violence. The State has initiated several national campaigns and support programmes targeting the issue, and passed a law establishing the crime of femicide [law No. 20-480, December 2010].¹⁹ The entry into force of [this] Law [...] was a major progress on the matter. It amends the Criminal Code and the Domestic violence Law by punishing femicide, increasing penalties applicable to said offense, amending regulations on parricide and codifying sexual offenses. Additionally, programs like “Chile Acoge”, women’s centers and centers to attend to victims of violent crimes were created²⁰. In addition, the law No. 20,501 on “Education quality and equity”, enacted early in 2011, guarantees education professionals’ rights to work in an environment characterized by tolerance and mutual respect²¹.

17 Unrepresented Nations and Peoples Organization, Mid-term Implementation Assessment on Chile

18 Government of Chile, op. cit.

19 Unrepresented Nations and Peoples Organization, op. cit.

20 Government of Chile, op. cit.

21 Ibid.

3.2.4. Rights of the child

In order to improve child labour issues, the State said that the agenda on that matter is aimed at preventing these violations and attending victims under the aegis of the

“action plan for the prevention and eradication of child labor”. Rights Protection Offices are available, as well as 16 specialized projects to attend sexually-exploited victims and specialized intervention programs, which in 2011 amounted to 93. They attended 7,730 boys, girls and adolescents, including victims of the worst forms of child labor. As regards the promotion of rights, the “Community Prevention Projects”

stand out. At present, 63 such projects exist. In relation to social awareness, campaigns like the World Day against Child Labor (June 12) and the National Day against Commercial Sexual Exploitation of Children (May 18) have been developed.

In October 2011, the Labor Code was amended by Law No. 20,539, which forbids children under 18 years old to perform any night work at industrial and commercial facilities. It also sets a period in which a child under 18 years cannot work at nights.

Several laws were enacted: On April 8, 2011, Law No. 20,507 became effective, which “codifies the traffic in children and adults and sets regulations for its prevention and a more efficient criminal prosecution of such crime”. On August 11 of that same year, Law No. 20,526 entered into force “which punishes sexual harassment of children, child pornography and possession of child pornographic material”: In 2010, a “National Observatory of Commercial Sexual Exploitation” was initiated, which contributed to the preparation of the “Second Framework for Action on the Commercial Sexual Exploitation of Children”, which is expected to be concluded within the 2012-2014 term²².