CHILE PRESENTS REPORT TO COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION

AFTERNOON

HR/CERD/99/45
10 August 1999




The Committee on the Elimination of Racial Discrimination this afternoon began consideration of a report of Chile, with a Government delegation saying that for the first time in the history of the country, the existence of indigenous peoples on the territory of Chile had officially been recognized by the Government.

Alejandro Salinas, Counsellor for Human Rights of the Ministry of External Relations of Chile, told the Committee that a new law had been promulgated recognizing the rights of indigenous peoples to maintain and develop their cultures.

Luis Valencia Rodriguez, the Committee Expert who served as country rapporteur for the report of Chile, said the reality of the existence of indigenous peoples had been ignored in the past by successive Chilean regimes. However, the hidden situation of indigenous peoples and the problems arising from the non-recognition of their rights had now been dealt with by the political will of the current Government, he said.

The Chilean delegation also included Alfredo Labbe, Counsellor at the Permanent Mission of Chile at Geneva; Andrea Aravena, Chief of the Office of the Indigenous Development Corporation; and Carmen Bertoni, Counsellor for Human Rights of the Ministry of External Relations.

Also participating in the discussion were Committee Experts Eduardo Ferrero Costa, Theodoor van Boven, Rodiger Wolfrum, Mahmoud Aboul-Nasr, Regis de Gouttes, Michael P. Banton, Mario Jorge Yutsis and Ivan Garvalov.

As one of 155 States parties to the Convention on the Elimination of All Forms of Racial Discrimination, Chile must provide periodic summaries to the Committee on measures taken to implement the treaty.

When the Committee reconvenes at 10 a.m. Wednesday, 11 August, it will continue its consideration of the report of Chile.


Report of Chile

The fourteenth periodic report of Chile (document CERD/C/337/Add.2) states that the character of racial discrimination in Chile derives from the colonial relationships existing between the European Creole social sectors and the indigenous groups who were living on the national territory prior to the Hispanic conquest. Despite equality before the law, the situation of the indigenous peoples has been one of imbalance, marginalization, segregation and discrimination. In order to combat discrimination against these peoples, the Government has designed, since 1990, policies aimed at eliminating that phenomenon, the report notes.

The report says a number of studies carried out by public, private and university bodies have drawn attention to the existence of various forms of racial discrimination within Chilean society. A study carried out by the Department of Sociology at the University of Chile concluded that "a fifth of the population have xenophobic prejudice". However, a broad majority of the population holds increasingly tolerant and respectful views, the report contends.

Presentation of report

ALEJANDRO SALINAS, Counsellor for Human Rights of the Ministry of External Relations of Chile, said that 1993 legislation on the protection, advancement and development of the indigenous inhabitants of Chile was a response to Chile's international obligations under the Convention. It was also an important piece of legislation which aimed at promoting and protecting the rights of the indigenous peoples of the nation. The law constituted the main instrument established by the State for the purpose of the comprehensive development of indigenous peoples and for avoiding any form of discrimination against them.

For the first time in the history of the country, the existence of other minorities on the territory of Chile had been recognized by the Government in an official manner, Mr. Salinas went on to state. In addition, the new law had established the obligation of the national population census to determine the size of the indigenous populations existing in the country.

According to Mr. Salinas, the new law allowed the establishment of the Indigenous Development Corporation (CONADI), which was a participatory institution responsible for the implementation of State policies related to indigenous issues.

Mr. Salinas further said the new law also recognized indigenous communities as an integral entity as groups of persons living in territories already occupied and having their own traditions. Consequently, between 1994 and 1999, about 1,554 indigenous communities had been legally constituted, and 372 indigenous associations set up. That was an important measure achieved by the Government of Chile to help its indigenous peoples, Mr. Salinas said.

Mr. Salinas said that during the national population and housing census carried out in 1992, a specific question was asked for the first time about indigenous ethnic origin. The census reflected the emergence of a phenomenon which had not been publicly recognized earlier: the existence of almost half a million indigenous persons in the capital, Santiago.

In compliance with the terms of the Convention, Chile had promulgated a law recognizing the right of indigenous peoples to maintain and develop their cultures, Mr. Salinas said. In addition, acts of discrimination against indigenous cultures or persons were prohibited.

Concerning indigenous relations to their lands, the State had taken preventive measures in which the environments of the territories held by the indigenous were not polluted, Mr. Salinas said. The measures also included the creation of a regime in which recognition, protection and development of indigenous lands should be carried out in a way that benefited indigenous communities.

Mr. Salinas said one of the biggest indigenous land disputes had taken place in the Andes between the Pehuenche indigenous communities in Quinquen and logging companies that wanted to cut down pines, which were sacred trees for the indigenous peoples and of great commercial value for the companies. The dispute ended when 30,000 hectares of land were purchased by the State and the ownership title transferred to the relevant indigenous groups in 1997.

Discussion

LUIS VALENCIA RODRIGUZ, the Committee Expert who served as country rapporteur for the report of Chile, said the reality of the existence of indigenous peoples had been ignored in the past by successive Chilean regimes. However, the hidden situation of indigenous peoples and the problems arising from the non-recognition of their rights had now been dealt with by the political will of the current Government.

Mr. Valencia Rodriguez said the result of the National Population Census of 1992 had showed that 8 per cent of Chile’s 15 million inhabitants were indigenous peoples comprising Mapuches, Aimaras, and other indigenous groups living in the extremities of the country. In the Chilean case, the major indigenous group was composed of Mapuches and Araucanos. However, the measures of assimilation and confrontation of the past had left the numbers
of those communities reduced; they now had an approximate population of 1 million.

Mr. Valencia Rodriguez said that in Chile there were other minority groups as a result of immigration mainly from Germany, Italy, Yugoslavia, Spain, Syria and Lebanon. A small proportion of persons of African origin also lived in the country.

Mr. Valencia Rodriguez said Chile's report had admitted the existence of some forms of racial discrimination among the population. He said it was necessary that the Government develop mechanisms to promote tolerance among the various segments of the population. In addition, the Government of Chile was urged to continue providing information to the Committee on the results of the implementation of the new law aimed at the promotion of indigenous rights.

Other Committee members queried the Chilean delegation on such issues as the right to education and the status of bilingual instruction in the country; dissemination of the Convention in indigenous vernaculars; the status of residents and Peruvian migrant workers; alleged discrimination and police brutality against indigenous peoples; allegedly forceful changes of indigenous names; and Government prohibition of the propagation of racist ideas.