GE.18-18763 (E) 101218 111218
Human Rights Council
Working Group on the Universal Periodic Review Thirty-second session
21 January–1 February 2019
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*
Chile
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
A/HRC/WG.6/32/CHL/1
General Assembly Distr.: General 7 November 2018 English
Original: Spanish
I. Introduction
1. The Administration of President Sebastián Piñera hereby submits the report of Chile for the third cycle of the universal periodic review. The report highlights the human rights advances made and challenges encountered over the period from 2014 to 2018. The submission of this report is a reaffirmation of the full commitment of Chile to human rights and the universal system of protection.
II. Methodology and consultation process
2. This report was prepared by the Ministry of Justice and Human Rights, Office of the Undersecretary for Human Rights, with support from the Ministry of Foreign Affairs and in cooperation with State institutions such as the judiciary, the Public Prosecution Service, the Office of the Minister and Secretary General of the Presidency, the Ministry of Social Development, the Ministry of the Interior and Public Security, the Ministry of Women’s Affairs and Gender Equity, the Ministry of Health, the Ministry of Education, the Ministry of Labour and Social Security, the Office of the Minister and Secretary General of Government, the Ministry of the Environment, the Ministry of National Property, the Ministry of Defence, the Ministry of Economic Affairs, Development and Tourism, the Ministry of Housing and Town Planning, the Office of the Undersecretary for Children, the Office of the Superintendent of Pensions, the Carabineros (uniformed police), the Investigative Police, the Public Criminal Defender Service, the Prison Service, the Civil Registry and Identity Service, the National Service for Minors, the Legal Assistance Agency and the National Service for Persons with Disabilities.1
3. The recommendations accepted by Chile have been divided into categories for the purpose of reporting on them by thematic area. The numbers of the recommendations being referred to are indicated in brackets and in bold; these numbers correspond to the recommendations listed under paragraph 121 of the Working Group’s report.
4. In addition, on 10 October 2018, a dialogue was held with 32 civil society organizations in order to hear their views on the advances made and challenges encountered in Chile.2
III. International commitments of the State
5. Chile has become a party to a number of international treaties (18). For example, in 2015 it ratified the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (3, 10, 11); the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness were approved by Congress and are in the process of being published (17); and in 2016 Chile ratified the International Labour Organization (ILO) Domestic Workers Convention, 2011 (No. 189) (8, 9). It is also in the process of promulgating the Agreement on the Status and Functions of the International Commission on Missing Persons, signed in 2014 (21).
6. The Kampala amendments to the Rome Statute of the International Criminal Court were ratified in 2017 (14, 15, 19). In addition, a bill on the amendment of Act No. 20.357, which defines crimes against humanity, the crime of genocide and war crimes and offences, to incorporate the crime of aggression and extend the definition of war crimes to non- international conflicts (bulletin No. 10665-07), was introduced by motion on 11 May 2016 and is now at the first stage of consideration in the Senate (20).
7. A bill on the ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (2, 4, 5, 6, 7) and the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity (16) is now under consideration in Congress.
8. The Office of the United Nations High Commissioner for Human Rights (OHCHR) provided technical support to the Office of the Undersecretary for Human Rights with respect to the national human rights plan and training for public officials on the preparation of reports to treaty bodies and the conduct of human rights workshops (50).
9. Since 2014, Chile has submitted periodic reports to a number of treaty bodies: the Human Rights Council, the Committee on the Rights of the Child, the Committee on the Rights of Persons with Disabilities, the Committee on the Elimination of Discrimination against Women and the Committee against Torture. In 2016, Chile submitted its first report to the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The report was made public, along with the report of the Subcommittee’s visit to Chile. In 2019, dialogues will be held with the Committee on Enforced Disappearances, the Committee on the Elimination of Racial Discrimination and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families. Since 2014, the State has hosted visits by numerous Special Rapporteurs. In addition, in 2017 Chile was elected a member of the Human Rights Council.
10. With regard to action against torture, Chile is a leader in its region, working through the Convention against Torture Initiative to promote ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In addition, the offences of torture and cruel, inhuman or degrading treatment have been defined in accordance with international standards and have been included in the country’s Criminal Code (Act No. 20.968) (74, 75).
11. That Act also amended Act No. 20.477 to specify that civilians and adolescents may in no case be subject to the jurisdiction of military courts, either as victims or as defendants (109).
IV. Human rights institutions (23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 41, 42, 43, 44, 45, 46, 79)
12. With regard to government institutions, the Office of the Undersecretary for Human Rights went into operation in 2017 (Act No. 20.885). Its mission is the effective promotion and protection of human rights through the design, implementation and evaluation of policies, plans and programmes.
13. The Office’s responsibilities include the drafting of the four-year national human rights plan, the design of policies to ensure the observance, promotion and protection of human rights and the coordination of the implementation, monitoring and evaluation of such policies. The first national human rights plan (2017) includes over 600 agreed actions, grouped under 50 targets and 15 chapters. The Office of the Undersecretary has coordinated the implementation of the plan.
14. All the functions and powers deriving from transitional article 10 of Act No. 20.405 and from Supreme Decree No. 1005 of 1997 on the national human rights programme, including those corresponding to the functions or activities assigned to the National Reparation and Reconciliation Board, have been transferred from the Ministry of the Interior and Public Security to the Office of the Undersecretary. Thus, overall authority in relation to human rights has been concentrated in that Office.
15. Act No. 20.820 (2015) created the Ministry of Women’s Affairs and Gender Equity;
Act No. 21.045 (2017) created the Ministry of Cultures, Arts and Heritage; and Act No.
21.090 (2018) created the Office of the Undersecretary for Children.
16. With regard to autonomous institutions, the national human rights institution currently has a presence in 13 regions of the country. Act No. 21.067 (2018) created the Office of the Ombudsperson for Children.
17. A bill on the designation of the national human rights institution as the national mechanism for the prevention of torture is now at the second stage of consideration in Congress. The bill would establish a committee of experts within the national human rights institution, endowing it with operational and financial independence pursuant to the Paris Principles. It would give the committee of experts the authority and the resources to carry out regular preventive visits to persons deprived of their liberty.
V. Advances, grouped by thematic area
A. Indigenous peoples
Araucanía Plan (39, 163, 164, 165, 178)
18. In September 2018, the current Administration unveiled the National Agreement for Development and Peace in Araucanía. It is based on the principles of comprehensive and inclusive development; recognition and appreciation of diversity; and commitment to dialogue, consensus and peace.3 It includes measures such as the constitutional recognition of indigenous peoples. The Agreement also envisages public investment amounting to US$ 8.043 billion in the Araucanía Region for the period from 2018 to 2026. In addition, the measures contained in the plan are expected to attract private investment amounting to US$ 16 million over that period.
Free, prior and informed consultation (38, 67, 163, 164, 165, 166, 169, 170, 171, 172, 173, 174, 175, 178)
19. Since 2009, there have been 59 consultation processes, and another 24 are under development. These consultations on legislative and administrative measures have been held at the local and national levels by the Ministry of Social Development, the Ministry of the Interior and Public Security, the Ministry of National Property, the Ministry of the Environment, the Ministry of Cultures, Arts and Heritage, the Ministry of Health, the Ministry of Energy, the Ministry of Economic Affairs, Development and Tourism and the Ministry of Public Works. Moreover, Supreme Decree No. 66 of the Ministry of Social Development (2014) has entered into force; national consultations were held on this decree, which lays down rules governing the process of consultation with indigenous peoples.
20. In 2017, a nationwide process of consultation with indigenous constituents was held on the topics of constitutional recognition and political participation.4 The executive branch is working on a bill concerning the constitutional recognition of indigenous peoples.
21. Since July 2018, the Ministry of Education has been carrying out a consultation on the proposed curricular framework for the subject “Language and culture of indigenous peoples”, which will be taught to pupils in the first to sixth grades.
22. Between 2015 and 2017 the Ministry of Health conducted a nationwide consultation on a set of regulations establishing the right of persons belonging to indigenous peoples to receive culturally appropriate health care.5
23. The Ministry of National Property has carried out two consultation processes: one on Salar del Huasco National Park (Tarapacá Region, July 2016 to July 2017), in which Quechua and Aymara people were invited to take part; and one on the reclassification and expansion of the Alacalufes forest reserve (2017), in which Kawésqar communities were invited to take part. The communities indicated that they were in favour of the measures proposed.
24. In the first half of 2018, the Ministry of the Environment carried out 18 consultations. In addition, the Environmental Assessment Service issued instructions on the implementation of consultations with indigenous peoples (2016), in line with the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169).6
Economic, social and cultural rights (39, 58, 65, 67, 154, 155, 176, 177, 181)
25. In the field of education, in 2014 the Ministry of Education established a Secretariat for Indigenous Intercultural Education, which is responsible for developing the concept of interculturalism for the school system. This is significant, considering that, according to the 2017 national social and economic survey, the average number of years of schooling completed by indigenous people is 10.3 years, while the average for non-indigenous people is 11.2 years.
Table 1. Education grant programme for indigenous students7
Investment (millions) Number of students Male Female
2014 5 191 22 202 9 773 12 429
2015 5 846 22 881 10 105 12 776
2016 6 290 23 919 10 408 13 511
2017 6 427 24 336 13 756 10 580
2018* 6 582 24 722 10 668 14 054
* Planned investment.
26. The Ministry of Education has formalized the teaching role of traditional educators by issuing new rules recognizing individuals who have expertise acquired through the knowledge and practices handed down by indigenous peoples with regard to their language, customs, traditions, history and world view.
27. In the field of health, in 2017 the authorities adopted general technical regulation No.
189 on the release of the placenta (Exempt Decree No. 208) to ensure women’s right to take possession of their placenta, thus respecting their cultural practices and their indigenous world view. In 2016, technical guidelines were issued on an intercultural approach to mental health care for indigenous peoples.
28. The Ministry of Health incorporates the intercultural approach into its care model, as shown by initiatives such as the “Health and indigenous peoples” policy, in force since 2006; the “Health and indigenous peoples” programme, implemented in all health districts;
and the culturally appropriate obstetric care provided in hospitals in the regions with the largest indigenous populations.
29. Through the special health-care programme for indigenous peoples, the State funds health initiatives aimed at enhancing equity, interculturalism and participation in health care for indigenous peoples, in order to reduce health inequities. The programme covers all of the country’s 29 health districts.
30. Since 2012 the authorities have been implementing the Araucanía Plan, which has driven improvements in health centres that carry out intercultural health activities. The improvements include a gradual increase in indigenous health-care services and Mapuche spiritual assistance, among other actions.
31. With respect to the right to live in a pollution-free environment, in 2015 a Coastline Unit was created within the National Indigenous Development Agency. The Unit has prepared 23 customary use reports, conducted 18 consultations under Act No. 20.249, and allocated 140,146 hectares of land.
32. With regard to decent housing, in 2016 the Ministry of Housing and Town Planning, the Ministry of Social Development and the National Indigenous Development Agency concluded a cooperation agreement under which they have joined forces to carry out actions on habitability and housing, targeting families of indigenous people in urban and rural areas.
33. With regard to employment, the Ministry of Labour and Social Security is implementing a programme to improve the employability of traditional craftspeople in rural areas, carried out by the Fundación Artesanías de Chile. There is a requirement that 50 per cent of the trainees must belong to indigenous peoples.
34. The State is complying with the Inter-American Court of Human Rights ruling in Norín Catrimán et al., including with regard to education and health plans.
Promotion of indigenous peoples’ rights (65, 66, 67, 68, 160, 161, 162)
35. The results of the national social and economic survey reveal that the proportion of indigenous people who perceive that they have been discriminated against has declined.8 36. The National Indigenous Development Agency carries out programmes for the promotion and protection of indigenous peoples’ rights, such as a legal defence programme that provides advisory and legal defence services in judicial and non-judicial proceedings
and in alternative dispute settlement procedures related to the use, enjoyment and development of indigenous lands.9
37. In 2017 the information programme on the rights of indigenous peoples, which is intended to make it easier for indigenous persons living in geographically remote areas to obtain information and carry out the necessary formalities for obtaining public and private benefits, provided services on 32,447 occasions. On 19,284 occasions (59 per cent of the total), the services were provided to women.
38. The number of women who have received benefits under the economic development programme has increased, with the result that in 2017 women accounted for 66 per cent of the total number of beneficiaries. Regarding education, figures for 2018 indicate that 4,604 indigenous boys and girls are enrolled in kindergartens where indigenous languages and cultures are taught.
39. The Public Criminal Defender Service has set up pilot offices for the defence of indigenous foreign women who are being held in custody in the Region of Tarapacá. It has also developed protocols to guide officials’ interaction with such women. In addition, it has 11 intercultural facilitators who provide support in the preparation of the defence and in interactions with indigenous clients.
Women (165, 166)
40. In 2018 an agreement was signed between the National Indigenous Development Agency and the Latin American Centre for Rural Development, in the framework of the policy agenda on employment for indigenous women in Chile, a United Nations-led initiative. The purpose of the agreement is to promote the empowerment of indigenous women leaders representing the nine peoples recognized by law.
Children and adolescents (162)
41. The National Plan of Action for Children and Adolescents (2018–2025) provides for activities geared towards child and adolescent victims of discrimination and social exclusion, in particular indigenous children and adolescents.
42. For 2018, a protocol to ensure that basic services are provided to indigenous families, with a special focus on land restitution, is envisaged. The actions being taken to ensure access to education include the development of a specially agreed protocol for indigenous children and adolescents who are called upon to serve as machi (Mapuche medicine practitioners) and require special arrangements to complete their formal education. Finally, under the programme “Chile Grows with You”, guides for pregnant women are to be adapted for use by indigenous peoples, and educational materials are to be developed.
Access to land (175)
43. Between January 2014 and August 2018, 14,122.02 hectares were allocated, benefiting 2,040 families, under the subsidy scheme for the purchase of land by indigenous persons, communities or segments of communities when the land area of the community in question is insufficient (art. 20 (a)). Over the same period, a total of 44,945 hectares were returned to 136 indigenous communities consisting of 4,680 families, under the scheme for the restitution of ancestral lands (art. 20 (b)).
44. With regard to places of cultural significance, the State has handed over 42 hectares, benefiting 28 communities consisting of 833 families, in the Araucanía Region. In addition, 62,446.60 hectares were awarded by way of transfers of State holdings, benefiting 505 families. A total of 164 indigenous communities, consisting of 8,058 families, have received a total of 121,555.42 hectares.
45. Between 2014 and 2017, under the programme on the administration of State property for indigenous peoples, the Ministry of National Property allocated a total of 690,365,363.98 m2 of State holdings to such peoples nationwide.10 These allocations were made in settlement of 1,655 claims.
46. In 2018, the previous programme was reformulated, although the commitment to give priority to claims from indigenous peoples on State property was maintained. A total of 350 cases have been finalized. In addition, a component was added on the conduct of
surveys of State properties with high heritage and/or environmental value, focusing on units of the national system of protected forest areas in which indigenous peoples have an interest and properties with significant heritage features such as geoglyphs or archaeological sites, among others.
Economic and financial development (165 and 166)
47. According to the national social and economic survey, the percentage of the indigenous population that was living in poverty in 2015 was 18.3 per cent, compared with 11.0 per cent for the non-indigenous population. In 2017 those percentages fell to 14.5 per cent of the indigenous population and 8.0 per cent of the non-indigenous population.
Extreme poverty among persons belonging to indigenous peoples stood at 6.6 per cent in 2015 and at 4.0 per cent in 2017. Multidimensional poverty among persons belonging to indigenous peoples currently stands at 30.2 per cent, compared with 19.7 per cent among persons who do not belong to such groups.
48. In view of this situation, the authorities, with support from the Inter-American Development Bank, created the Indigenous Development and Promotion Programme to lead processes of openness and dialogue aimed at providing access to financing for indigenous productive development projects in the form of economically and socioculturally sustainable business initiatives proposed by indigenous organizations in the agriculture, forestry, non-conventional renewable energy, tourism and aquaculture sectors.11 49. Under the national human rights plan, the National Industrial Property Institute has undertaken to lead efforts concerning the protection of genetic resources and traditional knowledge by means of intellectual property tools. Another employment initiative for indigenous communities is the “designation of origin” programme, especially in the Araucanía Region.
50. The Productive Development Agency has promoted the socioeconomic development of indigenous peoples by improving access to financing for indigenous productive development projects. In 2015, a programme on integrated development initiatives was adopted, including, in particular, a programme for indigenous productive and business development.12
51. In 2016, the Indigenous Development and Promotion Committee was created to help increase income generation among indigenous peoples by supporting economically and socioculturally sustainable business initiatives. The system has received 103 applications, 46 of which have been granted subsidies under the programme to support the formulation of high-impact production projects by indigenous peoples.
52. The Productive Development Agency supported the creation of a contingent coverage or subsidy fund to improve access to financing for sustainable indigenous production initiatives or projects. For the first time, the State has begun to offer a guarantee of up to 90 per cent for high-impact production projects carried out by indigenous peoples, with the aim of encouraging financial institutions to provide financing to indigenous communities, organizations and cooperatives.
53. Other financing channels include the indigenous peoples’ investment support fund, established in 2017, and the indigenous suppliers’ development programme.
54. The National Tourism Service and the Office of the Undersecretary for Tourism are implementing indigenous people-focused programmes to strengthen entrepreneurship, human capital, quality tourism services, ethics and other areas.13
Implementation of Act No. 18.314 (22, 167, 168, 169)
55. The implementation of Act No. 18.314 reflects the general nature of this law and does not target any particular group. With regard to the cases tried at first instance that involved persons whom the Public Prosecution Service charged with terrorist activity (2015–2018), six judgments have been identified in which this law appears to have been applied.14 It should be noted, however, that the law has been applied in other cases to accused persons who do not belong to any indigenous people.15
56. A recent Supreme Court judgment16 reaffirms the general scope of the law by requiring courts to ensure that the reasons they provide for their decisions do not include
any analysis that takes the ethnic origin of the accused into account as a factor to be considered in the imposition of penalties.
57. A bill on the definition of terrorist activity and the applicable penalties and on the amendment of the Criminal Code and Code of Criminal Procedure (bulletin No. 9.692-07, combined with No. 9669-07) is now at the first stage of consideration in the Senate. The initiative would restructure the predicate offences and establish objective forms of conduct that amount to the perpetration of terrorist offences, without reference to their purpose.
Persons of African descent
58. In 2015, the Action Plan for the Afrodescendent Population of Arica: 2015–2018 was adopted for the Arica y Parinacota Region. In addition, a survey to profile the Afrodescendent population of the Arica y Parinacota Region was carried out and the findings were presented in 2014.
Rapa Nui
59. A partnership agreement was signed in 2016 between the National Forestry Agency and the Ma’u Henua indigenous community, an entity representing the Rapa Nui people, for the joint administration of public use sites within Rapa Nui National Park. The purpose of the agreement is to include the Rapa Nui people, represented by the Ma’u Henua indigenous community, in the joint administration of public use areas. In 2018, Act No.
21.070 was adopted to regulate the exercise of the rights to reside in, stay in and travel to and from Easter Island.
B. Women
Gender-based violence (86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97)
60. One area of special focus in the second cycle was gender-based violence and violence against women. The total number of cases filed on possible offences of violence against women17 between 2009 and May 2018 was 92,701. The offence of habitual ill- treatment (family violence) accounts for the largest share of these cases (34,134, or 37 per cent of the total), followed by sexual abuse involving contact with a minor under 14 years of age, as defined in article 366 bis (18,564 cases, or 20 per cent of the total). Between 2014 and 2016, the number of cases in the first category rose from 3,809 to 5,972. In 2017, however, there was a significant decline, to 4,591. This trend has been proportionally maintained in 2018 (1,542 cases as of May). It should be noted that 75 per cent of the cases filed between 2015 and 2018 have been completed, while the rest are divided between those that are still under way and those that have been suspended. With regard to femicide, the number of cases increased in the period 2014–2017, from 83 in 2014 to 148 in 2015, 177 in 2016 and 193 in 2017.
61. In addition to the establishment of the Ministry of Women’s Affairs and Gender Equity and the National Service for Women and Gender Equity, important steps have been taken in terms of legislation, such as Act No. 21.013 (2017), which defines the new offence of ill-treatment.18 In 2017, the executive branch introduced a bill on the right of women to a life free of violence; the bill is now at the first stage of consideration in the Chamber of Deputies.19 A bill on violence in intimate partner relationships without cohabitation (bulletin No. 8851-18) is at the second stage of consideration in the Senate.20 Another noteworthy measure is the 2014–2018 National Plan of Action on Violence against Women.21
62. In 2016 the Supreme Court established the Technical Secretariat for Gender Equality and Non-Discrimination, which has worked on initiatives such as a handbook of good practices in mainstreaming the gender perspective in the administration of justice and a procedure for preventing, reporting and addressing sexual harassment in the Chilean judicial system. In addition, the Public Prosecution Service has developed guidelines and a protocol on family violence22 and has strengthened its institutional framework by establishing the Specialized Unit on Human Rights, Gender-based Violence and Sexual Offences.23
Political participation (38, 72, 124, 125, 126, 127)
63. The authorities have promulgated Act No. 20.840 (2015), which replaces the system of binomial voting with an inclusive proportional system that makes the Congress more representative. Since 2017, this change has required political parties to ensure that at least 40 per cent of the candidates they put forward for congressional elections are women. In the congressional election of 2017, women’s representation in the Senate increased from 15.8 per cent to 23.2 per cent, while their representation in the Chamber of Deputies rose from 15.8 per cent to 23.9 per cent. The quota law will continue to apply in relation to the elections of 2021, 2015 and 2029.
64. Acts Nos. 20.900 and 20.915 (2016) amending the Constitutional Act on Political Parties establish a gender parity requirement under which women must account for at least 40 per cent of the members of party structures. Act No. 20.940 (2017) modernizing the labour relations system establishes the obligation to ensure that organizations’ statutes provide for mechanisms for the inclusion of women on their executive boards, and Act No.
20.881 (2016) includes a gender requirement for the governing boards of cooperatives, thus ensuring that they reflect the gender composition of the membership.24
Sexual and reproductive rights (133, 134, 135, 136, 138, 139, 140, 141, 142, 143) 65. Act No. 21.030, promulgated in 2017, decriminalizes voluntary termination of pregnancy in three circumstances: danger to the woman’s life, fetal non-viability, and pregnancy due to rape.25 It provides that women shall have the right to a support programme both during and after the decision-making process. It also allows for conscientious objection on the part of health-care personnel who would normally be on duty for surgical procedures and for objection on the part of an institution, under certain conditions.
66. The Ministry of Health has updated the national standards on the regulation of fertility26 to encourage the provision of guidance to users. In addition, it has amended the regulations on voluntary surgical contraception to ensure informed consent. The national policy on sexual and reproductive health (2018) establishes guidelines for the healthy and comprehensive development of individuals’ sexual and reproductive health. Decree No. 49 (2015) on rules for the exercise of the right to education, information and guidance on fertility regulation has been amended to eliminate the rule that contraceptives, including emergency contraception, may be obtained or dispensed only with a health professional’s prescription.
Equality and non-discrimination (33, 34, 35, 47, 56, 59, 60, 61, 62, 63, 64, 69, 129, 130, 131)
67. In May 2018, the current Administration introduced a gender equity agenda consisting of 12 specific measures for promoting gender equity in both the public and the private sectors. These measures include, among others: (1) a constitutional amendment providing for equality between men and women;27 (2) a bill on the extension of maternity leave rights to members of the armed forces and law enforcement; (3) universal access to crèches;28 and (4) greater participation by women in leadership positions.
68. A bill on the establishment of measures to protect breastfeeding and its exercise29 and a bill on the amendment of the Labour Code to provide for equal pay between men and women30 are currently at the second stage of consideration in the Chamber of Deputies. In addition, the Directorate of Labour has issued a number of administrative decisions in this area.31
69. A bill on the amendment of the Civil Code to remove impediments to remarriage is currently at the second stage of consideration in the Senate (bulletin No. 11.126-07). In addition, a bill on the amendment of the marital property regime to enable women to administer marital property and dispose of their own property without the husband’s permission is at the second stage of consideration in the Senate.32
70. In terms of public policies, the national gender equality plan for 2018–203033 is intended to address key gaps between de jure and de facto equality. The authorities are also continuing to implement the gender parity initiative,34 which is intended to increase women’s participation in the workforce, to detect and reduce wage gaps based on gender
and to increase the proportion of senior management positions held by women. The Agenda for Women promotes women’s increased participation in senior decision-making positions in both the public and the private sectors, and expands the coverage of the “4 to 7”
programme, which is intended to facilitate the workforce participation of mothers or female caregivers of children between the ages of 6 and 13 years. Programmes on women heads of household35 and good labour practices with gender equity36 are being carried out through the National Service for Women and Gender Equity in order to promote women’s economic empowerment.
71. In the area of labour and social security, the National Training and Employment Service administers applications for the women’s employment subsidy, financed by the Ministry of Social Development, to increase the rate of formal labour-market participation among women belonging to vulnerable groups. The programme provides a financial incentive to enable them to earn the same pay levels as men.37 Since 2009, women have received a per-child subsidy to increase their pensions. In 2017, more than 550,000 women received this subsidy.
C. Children and adolescents
Institutional framework (36)
72. The existing institutions for the protection of children and adolescents have been found to be inadequate and the country has fallen short in this regard. It is for that reason that President Sebastián Piñera has identified this area as a priority and has taken a number of measures, including the establishment of a working group on children’s issues consisting of parliamentarians of different political parties, government ministers and civil society experts. In May 2018 the working group presented a “national compact for children”. Its report puts forward a series of measures designed to provide appropriate protection to children and adolescents in general, to those at risk of violations of their rights and to those whose rights have already been violated.38
73. This effort by the executive branch has translated into administrative measures that are now being implemented and, in turn, a comprehensive legislative agenda, including a bill on the comprehensive protection of children’s rights (now at the second stage of consideration); the establishment of the Juvenile Social Reintegration Service and the Child Protection Service, which replace the current National Service for Minors; an increase in the amount of the subsidy payable by the State to residences run by partner organizations;
reform of the adoption system; and amendments eliminating the statute of limitations for sexual offences against children.
74. Lastly, the State is currently taking the measures recommended by the Committee on the Rights of the Child in its 2018 report.
Child labour (98, 105)
75. The bill on the comprehensive protection of children’s rights provides for recognition of the right of the child to protection against violence and refers to sexual abuse and to the right of the child to be protected from economic exploitation and child labour.
76. In addition, the National Plan of Action for Children and Adolescents (2018–2025) contains commitments to put an end to all forms of violence against children and adolescents, sexual abuse, all forms of child labour and commercial sexual exploitation of children and adolescents, among other actions. The Plan includes a strategy for eradicating the sexual exploitation of children and adolescents, in line with the third framework for action in this regard, covering the period from 2017 to 2019.
77. A central register on the worst forms of child labour has been introduced and contains information supplied by the Carabineros, the Directorate of Labour and the National Service for Minors, and 18 specialized projects are being carried out to meet the needs of victims of commercial sexual exploitation of children and adolescents. Between January 2014 and August 2018, services were provided to 2,764 victims, most of whom are girls.
78. In 2014 the Ministry of Labour and Social Security established the Child Labour Observatory, a body that collects data related to child labour.39 In addition, a national
strategy for the eradication of child labour and the protection of adolescent workers was drawn up for the period 2015–2025.
79. Act No. 20.281 on the participation of children and adolescents in public performances has been amended. In compliance with the ILO Worst Forms of Child Labour Convention, 1999 (No. 182), the list of hazardous types of work that adolescents are not allowed to perform has been updated.40
Corporal punishment of children and adolescents (34, 35, 106, 107, 108)
80. Act No. 21.013 (2017), which defines a new offence of ill-treatment and increases protection for persons in special situations, expressly prohibits the physical ill-treatment of children and provides for harsher penalties in cases where the person who commits such ill- treatment has a particular duty of care.41
81. The National Service for Minors has implemented 26442 targeted prevention projects involving preventive action against serious ill-treatment and sexual abuse, and 153 specialized protection programmes against criminal ill-treatment and abuse. The projects benefited 103,104 children and adolescents between January 2014 and August 2018,43 and the programmes benefited 49,057 child and adolescent victims (rehabilitation measures).
Steps were also taken to strengthen procedures for the timely reporting of any rights violations in residential centres administered by the National Service for Minors and partner organizations, in compliance with official letters Nos. 2308 and 2309 of 2013.
82. Measures are being taken to remove young children from places of detention and to ensure their protection through care in a family setting, such as that provided by the foster families programme run by the National Service for Minors since 2016, and by partner organizations pursuant to Act No. 20.032.
Access to justice (33, 34, 35, 56, 118, 119, 120)
83. In relation to the right to be heard, the judicial branch has implemented a project to equip 51 family courts (representing 85 per cent of the total) with Gesell chambers, thereby ensuring that interviews can be conducted in an appropriate setting and avoiding the revictimization of children and adolescents. In August 2018, the Supreme Court established a working group to draw up a policy for giving effect to the rights of children and adolescents.44
84. With respect to specialization in juvenile justice, in 2017 the National Service for Minors implemented coordination45 and training activities for the various actors of the juvenile justice system, including staff of the Service and professionals from organizations that work with the Service. A total of 259 staff of detention centres and 298 professionals from organizations that work with the National Service for Minors were trained in such areas as procedures to be followed in response to acts that could constitute offences against children and adolescents, and the management of critical conflicts within detention centres.
These actions have continued in 2018 and have been extended to public and private institutions.
85. In 2018, the National Service for Minors drew up rights-based guidelines for dealing with adolescents and young people in closed facilities46 in order to provide specialized training to staff working in such facilities to ensure that they recognize the rights and guarantees to which adolescents are entitled. This subject was addressed in workshops held in four regions of the country.
86. The Prison Service has an Adolescent Criminal Responsibility Unit, which has carried out training workshops for staff working in local Prison Service facilities and in prison juvenile wings. Between 2014 and 2017, 27 training courses were held in different regions, involving 881 participants. Thus far in 2018, 40 staff have received training in such workshops.
87. In 2018 the Public Prosecution Service updated its general instructions47 on procedures to be followed in relation to adolescent criminal responsibility.
88. Since the entry into force of the Adolescent Criminal Responsibility Act in 2007, the Judicial Academy has trained more than 576 judges and officials on adolescent criminal responsibility.
89. Act No. 20.802 (2015) amended the Act establishing the Public Criminal Defender Service in order to create specialized criminal defence positions for cases involving adolescents, thereby institutionalizing the system of juvenile criminal defence.48
D. Migrants
Legislation (178, 179, 180, 182)
90. A migration and aliens bill (bulletin No. 8.970-06) is currently at the first stage of consideration in the Chamber of Deputies. It is intended to promote safe, orderly and regular migration; the humane treatment of migrants, with equality of rights and obligations;
and integration. The bill provides for a Council on Migration Policy and a National Migration Service.
Economic, social and cultural rights (39, 156, 180, 145, 181)
91. In the area of employment, since 2016, the ChileValora occupational skills certification system and the National Training and Employment Service have implemented the institutional policy on services for migrants.49 In 2017, a total of 1,271 migrants took part in National Training and Employment Service courses under the programme of grants for job training. The Directorate of Labour launched the Migrant Labour Plan of Action 2017–2018 and, in the first half of 2018, imposed a total of 1,352 penalties on employers for violations against migrant workers.50
92. In education, the number of migrants in the school population has increased.
Migrants enrolled in schools totalled 30,625 in 2015, 61,086 in 2016, 77,608 in 2017 and 113,585 in 2018, accounting for 3.2 per cent of total enrolment. In May 2018, the Ministry of Education introduced a national policy on foreign students for the period 2018–2022.
93. In 2017 the so-called “RUT 100” identification number was eliminated and replaced with the “provisional school identifier”.51 As a result of this measure, students retain the same identification number throughout their schooling or until such time as their immigration status is regularized and they are assigned a national identity card number, with which they can obtain certificates and gain access to benefits from the National School Support and Scholarships Board.
94. In the area of health, the establishment of the Health and Migration Sectoral Advisory Board in 2014 led to the promulgation, in 2017, of the health policy for international migrants, for which a plan of action will be drawn up.
95. In 2015 and 2016, health initiatives for migrants were piloted in some regions of the country, enriching the health-care access programme for migrants that was created in 2014 to overcome the barriers to health-care access faced by such persons. The programme is being implemented in 13 health districts and 23 communes.
96. Supreme Decree No. 67, issued in 2016, stipulates the conditions and mechanisms for certifying the eligibility of persons without resources for public health insurance from the National Health Fund, with access to all covered services free of charge. Under this Decree, migrants in an irregular situation, without a visa or without documents can qualify for benefits under the same conditions as nationals.
Access to justice (178)
97. The high courts of justice have taken on a role in protecting the fundamental rights of migrants in relation to expulsion decisions. In particular, the courts take into consideration the protection of the family,52 the principle of legality and the obligation to state the basis for decisions.53 The same is true with regard to the conditions of detention of migrants.54 The Public Criminal Defender Service has a specialized defence unit for migrants, which provides legal assistance in criminal proceedings.
98. With regard to the children of non-resident foreigners, the Supreme Court has consistently upheld the nationality claims of children born in Chile to parents who are foreign nationals and whose immigration situation was irregular at the time of such children’s birth. On the basis of these rulings, the standard approach now taken is to find that Chilean-born children of migrants in an irregular situation are Chilean.
Trafficking in persons and smuggling of migrants (99, 100, 101, 102, 103, 104)
99. By December 2017, 33 cases involving a total of 214 victims had been brought under Act No. 20.507, which defined this offence in 2011. Of these, 121 victims (57 per cent) are men, all of whom were being trafficked for purposes of labour, and 93 (43 per cent) are women, most of whom were being trafficked for purposes of sexual exploitation.
Of this total, 16 victims are children or adolescents and 123 victims have been granted temporary residence permits.
100. Public policy in this area is coordinated by the Intersectoral Panel on Trafficking in Persons, established in 2008 by the Ministry of the Interior and Public Security. The Panel is responsible for the implementation of the National Plan of Action against Trafficking in Persons, 2015–2018. As part of this effort, handbooks have been prepared on good practices in the criminal investigation of the offence of trafficking in persons (2015), the identification and referral of victims of trafficking in persons (2016) and operating procedures for intersectoral inspections on trafficking in persons (2017).
101. The Public Prosecution Service has created a system of specialized prosecutors for the investigation of this offence and has established procedures for such investigations55 and protocols for investigators. For the sake of protecting victims and witnesses, a risk assessment is carried out promptly and the necessary measures are taken. They are also provided with differentiated and specialized guidance, protection and support.
102. In 2013, an intersectoral agreement to approve the national plan of action against trafficking in persons was signed. It includes actions by the State, international agencies and civil society organizations. The agreement also includes an intersectoral protocol on assistance to victims of trafficking in persons.
103. With regard to female victims, the National Service for Women and Gender Equality continues to run shelters for women victims of trafficking in persons and migrants in situations of exploitation.56 Since 2012, these shelters have accommodated more than 45 women. Procedures for the timely identification of signs of trafficking in children and adolescents were developed and disseminated in 2015. The National Service for Minors runs about 300 residential centres and specialized mobile projects as part of its assistance and protection network. In addition, 18 specialized protection projects for victims of commercial sexual exploitation of children and adolescents were launched pursuant to Act No. 20.032 and provided assistance to 40 children and adolescents, most of whom were in situations suggestive of internal trafficking, between January 2014 and August 2018.
Statelessness (123)
104. Chile is a party to the conventions on statelessness. In addition, it has implemented the “Chile Recognizes” programme to reduce the risk of statelessness for persons born in Chile whose parents are foreign nationals and who were erroneously registered as being the children of non-resident aliens. The Constitution provides that all persons born in Chile are Chilean (art. 10) unless they are the children of non-resident aliens. Both the Supreme Court and the Aliens and Migration Department have indicated that non-resident aliens are persons who have no intention of remaining in Chile (tourists or crew members), thus changing the previous understanding of which categories of persons are considered to have irregular immigration status. It should be noted that, according to the Civil Registry and Identity Service, more than 99 per cent of all births in Chilean territory have been registered (0.47 per cent have not been registered).
E. Persons with disabilities
Institutional framework (72, 157)
105. A number of laws have been adopted, including Act No. 21.015, which encourages the inclusion of persons with disabilities in the workforce (all State enterprises and agencies with 100 or more employees must ensure that persons with disabilities account for at least 1 per cent of their staff); Act No. 20.844, which establishes the rights and duties of attendees and organizers of professional football matches (preferential access must be given to persons with disabilities); Act No. 20.940 (2016), which modernizes the labour relations system to include disability as a category of discrimination; Act No. 21.021 (2017), which
is intended to provide reparation and assistance in rehabilitation and social inclusion to victims of accidents caused by mines or explosive devices of the armed forces; Act No.
21.089 (2018), which requires that playgrounds in private and public spaces be accessible to children with disabilities; Act No. 20.978 (2016), which recognizes sports adapted for persons with disabilities; and Act No. 20.957 (2016), which amended the Courts Organization Code to remove the provisions barring persons who are “deaf”, “dumb” or
“blind” from serving as judges or notaries.
106. The second national disability study was conducted in 2015. Its design was informed by the outcome of 17 public dialogues held in 15 regions of the country. In 2014 the National Fund for Inclusive Projects began to invite applications to fund initiatives that contribute to the inclusion of persons with disabilities in various areas.
Access to justice (157, 158, 159)
107. The judicial branch has taken measures to ensure access to justice. An online translation service for deaf persons is being piloted nationwide. It enables the user to contact a sign language interpreter through a monitor in real time. With regard to blind persons, the judicial branch has licences for the Non-Visual Desktop Access (NVDA) digital tools and the “Jaws” software.
108. In the same vein, initiatives to train staff and raise their awareness have been implemented. The Infrastructure and Maintenance Department of the Administrative Office of the Courts has implemented a policy under which the design specifications of justice facilities must meet the three criteria of transparency, information and accessibility.
109. The Legal Assistance Agency has an “Access to Justice” programme for persons with disabilities, which provides free assistance in all regions of the country.
Education and health (145)
110. In terms of education, Act No. 20.845 (2015) guarantees free primary and secondary education and ensures equitable access to education, including by ensuring that all regular educational institutions are accessible to students with disabilities. Act No. 21.091 (2018), the Higher Education Act, reflects the principles set out in the Convention on the Rights of Persons with Disabilities and requires universities to ensure that they are accessible to persons with disabilities. Decree No. 83/2015 requires the gradual incorporation of regular education in special schools, together with the use of universal design and curricular adjustments.
111. The programme of additional support to educational institutions for the inclusion of students with disabilities is intended to enable such students to participate in their teaching and learning process, thereby enhancing educational inclusiveness in schools that have implemented projects with the National Service for Persons with Disabilities. For 2018, the amounts awarded represent a total investment of US$ 560,394, benefiting 64 initiatives financed at the national level.57
112. The support programme for students with disabilities in institutions of higher education, introduced in 2017, provides technical aids and support services to empower students with disabilities and enhance their independence.
113. In the area of health, since 2014 a programme to support the implementation of community rehabilitation centres has been carried out in coordination with the Ministry of Health.
114. In 2018, rehabilitation teams in primary health-care facilities were given training on the subject of the sexual and reproductive rights of persons with disabilities.
F. Sexual diversity
Laws and public policies (52, 54, 55, 67, 70, 71, 72, 73, 113)
115. Act No. 20.830 (2015) created a legal institution known as a civil union agreement and allowed persons of the same sex to enter into such unions. In October 2018, under the current Administration, a bill was adopted to “recognize and protect the right to gender
