COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REVIEWS THIRD PERIODIC REPORT OF CHILE

Committee on Economic, Social and Cultural Rights 19 November 2004


The Committee on Economic, Social and Cultural Rights has reviewed the third periodic report of Chile on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.

Juan Martabit, Ambassador and Permanent Representative of Chile to the United Nations Office at Geneva, said Chile continued to enjoy an excellent degree of cooperation with international bodies dealing with monitoring of human rights through fruitful dialogue.

Yasna Provoste-Campillay, Minister of Planning and Cooperation of Chile, said her country had made recognizable economic and social progress since the country’s return to democracy. In the last 14 years, Chile had made considerable progress concerning prosperity and quality of life, with increased opportunities in education and employment.

She said that since the end of the 17 years of military dictatorship, democracy and freedom had been reinstated in Chile; a process of social integration and inclusion had been carried out towards those marginalized and discriminated segments of the society, which had enabled all Chileans to benefit from the progress made by the country.

Over the course of the discussion, Committee Experts raised questions on a series of issues including gender equality, employment policies, indigenous peoples, and poverty eradication programmes, among others.

The Committee will issue its concluding observations and recommendations on the report of Chile at the end of its three-week session on 26 November.

Other members of the Chilean delegation included representatives of the Permanent Mission of Chile to the United Nations Office at Geneva; the Ministry of External Relations; the Ministry of Labour; the Ministry of Health; the Ministry of Education, and the National Service for Women.
Chile, as one of the 150 States parties to the Covenant, is obligated to submit periodic reports to the Committee explaining how it is giving effect to the provisions of the treaty. The eleven-member Chilean delegation was on hand during three meetings to introduce the report and supply answers to questions put by Committee Experts.

When the Committee reconvenes at 10 a.m. on Monday, 22 November, it is scheduled to adopt its general comment on article 15.1 c of the Covenant on the right to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which a person is the author.

Report of Chile

The third periodic report of Chile (E/1994/104/Add.26) describes the progress made and the difficulties encountered by Chile in the implementation of the rights enshrined in the Covenant. It says that the rights are fully in force and are being progressively and concretely implemented in the country. The report includes information on the events occurring from 1990 to 2002. It recalls that at the beginning of the 1990s, Chile began the most important process of transition to democracy in its socio-political history. During the 1990s, the Union of Parties for Democracy (Concertacion) has consolidated its dominant political position and has succeeded so far in forming the government coalition for three successive terms.

Chile stands out in the international field on account of the institutional reforms in the areas of social insurance, education and health which it has introduced since the 1980s, the report notes. These changes have already extended over a wide field and have had a direct impact on the methods of formulating and implementing public policies. Currently, the indicators of well being of the population are satisfactory in a number of areas. The averages regarding coverage by essential social services place Chile in the group of countries having achieved intermediate levels of development – countries with living standards manifestly higher than those in the poor countries but showing substantial shortfalls in comparison with the indicators for developed countries.

The report says that Chile is a wealth-generating country, particularly through exports of raw materials such as copper, timber and fishery products, which are extremely important elements in gross domestic product. Even so, the figures for income distribution reveal a number of anomalies and inequalities, in particular with regard to the persistence of poverty. Although the proportion of poor persons has fallen to under 20 per cent, there are still critical sectors, such as the group of persons living below the extreme poverty threshold. Improvement of the situation of this group has been slow.

Presentation of Report

JUAN MARTABIT, Ambassador and Permanent Representative of Chile to the United Nations Office at Geneva, said his country continued to enjoy an excellent degree of cooperation with international bodies dealing with the monitoring of human rights through fruitful dialogue. During the last few months, the Special Rapporteur and Independent Expert of the Commission on Human Rights on the human rights and fundamental freedoms of indigenous peoples and on the right to development had visited the country. During its May session, the Committee against Torture had examined Chile’s periodic report. It was within the context of equity and social justice that the Governments of Chile continued assuming the responsibilities incumbent on them to confront the challenges in the country.

YASNA PROVOSTE-CAMPILLAY, Minister of Planning and Cooperation of Chile, said that Chile had made recognizable economic and social progress since the country’s return to democracy. In the last 14 years, Chile had made considerable progress in prosperity and the quality of life, with increased opportunities in education and employment.

Since the end of the 17 years of military dictatorship, democracy and freedom had been reinstated in Chile, Ms. Provoste-Campillay said. A process of social integration and inclusion had reached out towards those who were marginalized and the segments of society which were discriminated against. The social policy had enabled all Chileans to benefit from the progress experienced by the country. Social services had been offered to disadvantaged social groups. Important development initiatives had also been undertaken to strengthen the institutions and the administration of social policies.

Ms. Provoste-Campillay recalled that since the Government of Concertacion had taken office, it had carried out continued efforts to establish justice relating to the serious human rights violations that had occurred between 11 September 1973 and 10 March 1990. Similarly, it had promoted the respect for democracy, pluralism and diversity, tolerance and responsibility, non-violence and solidarity. It had also encouraged communities and local organizations to increase understanding and comprehension among the population.

Since the return of democracy in 1990, the public policy had been oriented to maintain a stable macro-economy aimed at strengthening the democratic forces and building inclusive social organizations, Ms. Provoste-Campillay said. The main objective of the policy was the progressive advancement of the full realization of the economic, social, cultural, civil and political rights of all citizens.

The clear political will of the Concertacion Governments had allowed Chile to make major progress in its economy and had raised the rate of employment and the level of wages, the Minister said. It had also maintained a process of economic stability by gradually integrating the country into the international economy. The process had been interrupted in 1999 due to the repercussions of the international economic crisis and had resumed in 2000 with a growth of 5 per cent.

With regard to the right to an adequate standard of living, she said that the economic and social policies applied by the Governments during the last decade had achieved a substantive reduction in poverty from 38.6 per cent in 1990 to 18.8 per cent in 2003. The country’s wealth had been distributed in the form of financial State subsidies and as investment in education and health.

Discussion

Questions by Experts

An Expert asked about the justiciability of the rights enshrined in the International Covenant on Economic, Social and Cultural Rights. Could the provisions of the Covenant be invoked in courts?

On the ratification of ILO conventions, another Expert said Chile had not ratified many of the conventions, some of them important ones, and asked why this was the case. What measures had been taken to avoid discrimination against the small minority of Asian origin in the country?

Concerning the establishment of a human rights institution in accordance with the Paris Principles, an Expert asked about the constitutional law envisaged by the Government to set up the institution. On political representation, the former Constitution did not allow for proportional representation of the population. What measures had been taken about this issue now? Were positive discrimination measures carried out to allow indigenous people access to education?

Another Expert asked if the provisions of the Covenant were published in the official gazette, to give them a force of law.

An Expert said that with regard to the ratification of International Labour Organization (ILO) Convention no. 169, the process was still in the hands of Congress. Was this process encountering political resistance? The Historic Truth Commission had made recommendations on the situation of indigenous persons; what was the position of the Government on this issue?

With regard to the future human rights institute, another Expert asked about the competence of the body and the amount of resources to be allocated to it; the kinds of complaints to be received; and the mechanisms to be applied in their consideration. The Expert also asked about forms of discrimination based on nationality; the reported preferential treatment received by the Catholic Church; and discrimination against women, including the issue of sexual harassment.

Land was a precious commodity to the indigenous peoples, an Expert said. However, it had been taken from them without proper compensation and relocation, particularly from the Mapuche people. That step had created a tense situation between the State and the Mapuche people. Although the State had returned about 360,000 hectares of land, the process was slow. How many hectares of land did the indigenous peoples claim?

Another Expert asked whether international law had primacy over domestic law in the event of a conflict in their application. How did courts decide if both provisions had equal status?

Response by Delegation

In response to the questions of the Experts, the members of the Chilean delegation said that the ongoing reforms in the health sector in Chile were related to previous discrimination against women in that sector. Chile had established two kinds of health services: a social public system and a private one. They both had a history of excluding maternal health coverage, but now women could no longer be denied coverage for birth-related care.

Concerning the indigenous health system, Chile had developed a special health programme designed for the Mapuche people. It had now been extended to other indigenous groups, the delegation said. The programme had been designed taking into consideration the traditional medicines of the indigenous people.

Congress studied the ratification of ILO conventions according to its agenda and availability of time, the delegation. The Government should first undertake legislative reforms, which would facilitate the effective implementation of international conventions.

On the question of sexual stereotypes with regard to women, the delegation said that cultural change was essential, including educational campaigns. The school curriculum reflecting sexual stereotypes had been changed, and certain school textbooks had been eliminated. Programmes had been designed for teachers to avoid any reference to gender inequalities. Publicising women's work and their place in the society had encouraged greater visibility of women. Persistent efforts were needed to wholly eradicate the sexual discrimination not only in education but also in changing stereotypes in the society.

Concerning indigenous policies, the delegation said this was a matter of great importance which had been considered since 1990. A parliamentary initiative on constitutional reform to include the constitutional recognition of indigenous peoples had not yet been completely approved. The approval of the text had been delayed due to lack of a quorum in the parliament. Now, the bill had been transferred to the Senate for approval.

There was no affirmative action or positive discrimination applied to allow the indigenous peoples to be represented in Parliament, the delegation said. Concerning land issues, the Government has been returning lands to the indigenous people for over 10 years.

For the last 14 years, the Government had been promoting the cause of indigenous peoples through various means, the delegation said. Investment had been made in cultural, health and education areas. Recognizing the poverty of the indigenous peoples, the Government was also working to overcome this problem.

On the issue of nationality, the delegation said that the 1980 constitution had excluded children born outside the country to Chilean parents from receiving Chilean nationality. However, at present, the issue had been settled and such children were considered Chileans. A person born out of the country by Chilean parents could have Chilean nationality but to accomplish citizenship obligations, such as voting, one should live in the country for one year.

On immigration, the delegation said that Chile had felt necessary to modernize its migration policy. During 2002, 30,000 immigrant permits had been granted to people coming from different corners of the world. Since a law on migration had already been adopted by parliament, it would soon be promulgated.

A series of legal protections had been put in place by the Government to prevent any form of discrimination, the delegation said. Peaceful coexistence was advocated to strengthen tolerance among the population. Positive discrimination was also taken into consideration in certain areas when required. The budget for anti-discrimination programmes had been increased.

The National Commission on Political Prison and Torture had presented its report to the President of the Republic in which the testimonies of 35,000 victims of human rights violations were included, the delegation said. The President would decide what kind of reparations would be applied to redress the situation.

Questions by Experts

An Expert said workers in some sectors of the economy were reportedly not covered by the minimum wage agreement. Could the delegation elaborate on this. According to the ILO Independent Expert Committee, equal wage for equal volume of work was not fully respected. Also, workers in certain professions were unable to join trade unions, particularly those working in the office of the judiciary. The Expert also observed that collective agreement without the involvement of trade unions was an infringement of the labour law. What was the minimum wage for the current year?

Chile had labour courts that dealt with labour disputes, another Expert said, however, 70 per cent of cases were dropped. What was the reason behind this? The delegation had said that the number of labour courts would be increased, but what about the number of magistrates? What was the number of labour inspectors for the whole of the country? Did they have the power to close a workshop which was hazardous to workers?

Response by Delegation

In response to a question on whether the current minimum wage was sufficient to provide workers and their families with decent living, the delegation said that the law, periodically taking into consideration the ability of the economy to absorb the minimum wage, regulated the wage.

The Government was undertaking a reform of the labour law to double labour tribunals in the country because of the problem of effectiveness, the delegation said. There were at present 20 such tribunals for 5 million workers in the country – a number that had not varied since 1973. There was also a shortage of specialized labour judges. The reform was intended to increase the number of tribunals so that each region could have at least one.

On the question on equal pay for equal volume of work between men and women, the delegation said the Government respected ILO Convention no. 111 on non-discrimination to which it was a party. The principle of non-discrimination in employment applied to all circumstances.

With regard to minimum wage, the delegation said it was applied globally to all sectors; however, the agriculture and crafts sectors were especially concerned with the minimum wage. The industry, finance or public sectors were not concerned by it because workers in those sectors were paid more than the minimum wage. There were also cases where workers were paid less than the minimum wage, for example workers above the age of 60 years who returned to work after retirement.

The Ministries of Labour and Health jointly carried out inspections of health and safety conditions in workplaces, the delegation said. Inspectors had all the power to close or to regulate any workshop that was dangerous to the health and safety of the workers.

Questions by Experts

An Expert said that the age of sexual consent, which was 14 years, was low. The United Nations Children’s Fund (UNICEF) had established the existence of 10,000 children working as prostitutes. What measures had been taken by the Government to tackle the problem? The same Expert said that abortion had been totally banned in Chile, and asked the reason for this policy. Why had Chile not ratified any instruments related to trafficking in human beings?

Speaking on the issue of abortion, another Expert said that the ban did not make any exception even if the life of the mother was in danger. In addition, hospital staff reportedly extracted confessions from women and reported them to the authorities, which was a violation of the oath of secrecy of the medical profession.

An Expert asked about the minimum age of marriage and the age for consent in marriage. What measures were taken against corporal punishment?

According to the State party’s statistical data, the population living in poverty numbered close to 3,081,000 persons or 20.6 per cent of the total population, another Expert said. How did poverty affect indigenous peoples, and had the State's 400 programmes to fight poverty had success in reducing the level of poverty?

Endorsing the comment by the previous speaker, an Expert said that although the Government had created a solidarity fund to provide subsidies for poor people, it could not cover them all. The poverty level among the indigenous peoples was aggravated by the loss of their land, loss of their agricultural pursuits and land pollution. The Government should tackle the problem, he said.

Response of Delegation

In response to the question on child prostitution, the delegation said that the figure incorrectly used by non-governmental organizations was 10,000 child prostitutes, but according to the National Service of Minors, there were around 3,700 child prostitutes. The authorities were taking measures to deal with this problem and the results would be reported in the next periodic report.

The members of the delegation said, among other things, that maternal mortality rate was the lowest among Latin American countries. In 1999, there were 120 deaths related to abortion, while the number was reduced to 47 in 2002. In 1999, there had been 0.9 deaths per 10,000 live births. Abortion had ceased to be the main cause of maternal mortality in the country since 2001. The maternal mortality rate had fallen steadily since the 1960s. Fertility and pregnancy had increased among the young Chileans. The Ministry of Health continued conducting education in reproductive health. Chile was a pioneer in family planning and in applying reproductive rights.

It was not true that hospitals provided information to the judicial authorities on the circumstances of abortion on pregnant women, the delegation said. Only the judicial authorities investigated the crime of abortion.

The Government was committed to combat the HIV/AIDS pandemic and had put in place mechanisms to prevent and to treat the disease, the delegation said. A campaign had been launched to increase popular awareness on the issue. Up to December 2001, there had been 4,646 reported cases of AIDS. The annual incidence of reported cases of AIDS and new infections was on the increase. Comprehensive care for people living with HIV/AIDS was provided by 26 specialized centres across the country. The level of coverage for young men with HIV/AIDS was 100 per cent. HIV-positive pregnant women were also covered, both in the public and private sectors, in order to prevent vertical HIV transmission.

Malnutrition was not a major concern in Chile, the delegation said, adding that obesity was of greater concern because of its negative consequences among the population. Obesity affected 7.4 per cent among the people. Twenty-five per cent of women between 19 and 25, and 33 per cent of women over 40 years of age were affected by obesity. A recent survey involving 5,000 persons had shown that 27 per cent of people between 17 and 25 years suffered from cardiovascular diseases and hypertension due to obesity.

The Government had submitted a bill to Congress to fight tobacco addiction, the delegation said. That anti-tobacco law, if adopted, would strictly reduce tobacco publicity in public places and would introduce a higher tobacco price.

Because of the strong influence of the Catholic Church in the country, until this year, there was no law on divorce, the delegation said.

The law on domestic violence penalized all acts of domestic violence, which it defined as any form of ill-treatment affecting the physical or mental health of any family member, the delegation said. However, the law did not define it as a criminal offence as such, but rather a combination of a civil and criminal misdemeanour. The punishment was compulsory therapy, a fine or a prison sentence of up to 60 days. The fine and the prison sentence might be replaced by community work if the aggressor agreed. Police officers had been trained to deal with domestic violence.

The Government had made a comprehensive study of the social protection system with the view to reducing poverty, the delegation said. It was also doubling its efforts in implementing poverty reduction programmes through the National Policy to Eliminate Poverty. In 1990, 40 per cent of the population lived below the poverty level while today, 18.2 per cent lived in poverty. Through the “Chile Solidario” system, the Government was helping families affected by extreme poverty. The system used a combination of financial and non-financial benefits.

On education, the delegation said that primary school programmes covered all Chilean children. However, there were still difficulties in terms of quality. Municipal schools were closer to the lower socio-economic groups and for that reason had achieved better results. The Government expected that all schools receiving State subsidy should include students from the vulnerable groups with lower socio-economic background.


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