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Universal Periodic Review – MEDIA BRIEF

Tuesday, 28 January 2014 (Morning)

(Disclaimer: The following brief is not an official record, provides a brief factual summary of the UPR Working Group meeting with the State under review, and does not cover all points addressed)

State under review

Chile
Represented by 29-member delegation headed by Mr. Bruno Baranda, Minister for Social Development.

Documents

To access national report, compilation of UN information, and summary of stakeholders’ information, visit the Chile page on the UPR website.

Troika *

Cuba, Montenegro and Pakistan.

Opening statement by State under review

Few points raised in the  opening statement of State under review:
(See full statement on the Chile page on the UPR Extranet)

  • In 2009, Chile accepted 71 recommendations made by 51 countries during its first UPR.  Most of these recommendations had been implemented or were currently under implementation. The presentation of this second report focused on the State’s efforts to modernize and strengthen the human rights institutional infrastructure.
  • In December 2010, Chile ratified the International Convention for the Protection of All Persons from Enforced Disappearances and now formed part of the small group of countries that had ratified the nine core treaties of the UN human rights system.
  • Between 2009 and 2010 Chile had established the National Human Rights Institute, which had been accredited with “A” status by the International Coordinating Committee of National Human Rights Institutions in 2012.
  • A law had been enacted in 2012 which established measures against discrimination and punished all forms of discrimination. This law contributed to the necessary culture of equality and diversity proper to an inclusive democracy.
  • A law on association and citizen participation in public management, enacted in 2012, recognized the people’s right to participate in state policies, plans, programmes and actions, and considered illegal any conduct that excluded or discriminated, without valid reason, the exercise of this right.
  • Chile had progressively worked on the establishment of a national torture prevention mechanism. This role will be assumed by the National Human Rights Institute.
  • The Government had also promoted the creation of a vice-ministry for human rights, which was under discussion in the Parliament. Its first objective is the drafting of a national human rights plan which will contain cross-cutting objectives and concrete actions to guide state bodies in the implementation of human rights’ observance, promotion and protection.
  • Chile was aware of its historical debt to the Indigenous Peoples. Therefore the current indigenous policy applied since 2010 had been called “dialogue for historic re-encounter”. It sought dialogue with the nine indigenous peoples present in the country.
  • The implementation of ILO Convention 169 had also further deepened the commitment to participation and involvement of indigenous communities. Since its entry into force they had carried out more than 43 consultations on matters related to draft legislation, administrative measures and investment projects.
  • Over a period of three years more than 300 workshops allowing for direct dialogue between government authorities and indigenous leaders had been conducted. All indigenous communities and institutions had been invited to participate, without excluding any of them.
  • The same mechanism will be applied to three relevant issues: the constitutional recognition of the indigenous peoples, the creation of Council representing indigenous peoples, and the design of a new institutional framework for a more efficient implementation of public policies regarding indigenous peoples.
  • Chile had made significant progress in the area of police action and law enforcement procedures. The Carabineros, the Policia de Investigacion and the Gendarmeria had been provided with specialized human rights units in charge of bringing these bodies in-line with the principles set out in the relevant international instruments.

Participants

In total 84States participated in the dialogue:  27 HRC members and 57 observers  (Statements available on the Chile page on the UPR Extranet).

Positive achievements

Positive achievements noted by delegations included, among others:

  • The creation of the National Human Rights Institution in compliance with the Paris Principles;
  • The ratification of the Convention on enforced disappearances;
  • The ratification of the Rome Statute of the ICC;
  • The issuance of a standing invitation to Special Procedures;
  • The 2012 Law Establishing Measures against Discrimination;
  • The adoption of the Act on equal opportunities and social inclusion for persons with disabilities.

Issues and Questions

Issues and questions raised by the Working Group included, among others:

  • Legislation to allow for safe abortions in extraordinary circumstances;
  • Efforts to combat domestic violence and to enhance legislation on violence against women;
  • Measures to combat all forms of discrimination against indigenous persons;
  • Policies to guarantee the effective participation of indigenous peoples;
  • Steps to address cases of ill-treatment by law enforcement during social demonstrations;
  • Action taken to counter discriminatory attitudes in society.

Recommendations

States participating in the dialogue posed a series of recommendations to Chile.  These pertained to the following issues, among others: 

  • To take measures to allow legal and safe abortions in case of rape or incest and in case of risk to the woman’s life or health;  To initiate and promote a public debate on abortion in cases of diagnosed medical necessity and to decriminalize abortion in such cases; 
  • To step up efforts to combat domestic violence and to consider adopting a comprehensive law on violence against women ;
  • To establish the institution of a children’s ombudsperson, to take steps to establish a specialized juvenile justice system and to explicitly prohibit corporal punishment in all settings;
  • To continue to combat all forms of discrimination against indigenous persons and to ensure the rights of all indigenous persons were promoted and respected;
  • To guarantee the effective participation of indigenous peoples in decisions that affect them;
  • To refrain from applying anti-terrorism legislation to Mapuche individuals in the context of intercultural conflicts, including land disputes;
  • To continue to full investigate all alleged cases of ill-treatment and excessive use of force by police and security forces, including during social demonstrations and to continue to promote human rights education programmes for members of law enforcement;
  • To take effective measures to bring conditions of detention in line with international standards, in particular to reduce prison overcrowding; 
  • To repeal the Act (No.19.992) under which information on the practice of torture during the dictatorship is to remain classified for 50 years in compliance with the CAT recommendation;
  • To support new laws and measures to counter discriminatory attitudes in society and to prevent discrimination on the basis of sexual orientation and gender identity;
  • To take steps to full implement the recently passed anti-discrimination law;
  • Ratification of human rights instruments:  the OP to the CEDAW, OP to the ICESCR, the 3rd OP to the CRC (communications), the Kampala Amendment to the Rome Statute of the ICC, and ILO 189 (domestic workers).

 

Adoption of report of Working Group

The adoption of the report of the UPR Working Group on Chile is scheduled to take place onFriday, 31 January 2014.

*The troikas are a group of three States selected through a drawing of lots who serve as rapporteurs and who are charged with preparing the report of the Working Group on the country review with the involvement of the State under review and assistance from the OHCHR. 
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