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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTS CONCLUDING OBSERVATIONS ON REPORTS OF CHILE, URUGUAY

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20 August 1999

MORNING

HR/CERD/99/59
20 August 1999



Requests Chile to Consider Apology for Past Discrimination Against Indigenous Peoples; Expresses Concern About Situation of Afro-Uruguayan and Indigenous Communities


The Committee on the Elimination of Racial Discrimination this morning adopted concluding observations on the reports of Chile and Uruguay by commending the Government of Chile for having recognized its part in the discrimination experienced by the indigenous populations and requesting it to consider a formal apology and compensation.

In its concluding observations on Uruguay, the Committee, among other things, particularly expressed concern about the situation of women in the Afro-Uruguayan community, who were victims of double discrimination on grounds of both gender and race.

When the Committee reconvenes at 3 p.m., it will continue its adoption of the concluding observations of Mauritania, which it started before the end of its morning meeting.

Concluding Observations on Report of Chile

The Committee appreciated and commended the Government of Chile for openly recognizing the existence of racial discrimination on its territory and its historical links with conquest and colonialism. It welcomed the initiatives taken by the State party in order to ensure the rights of its indigenous population. The Committee noted with interest that further steps had been taken towards reform of the domestic legislation, in particular the proposed amendments to the Constitution to strengthen the legal status of the indigenous population.

Concern was expressed about research showing that a considerable part of the Chilean population demonstrated intolerant and racist tendencies. The Committee also expressed its concern at the absence of specific legislation to enforce some of the provisions of the Convention. It took note that the 1993 Indigenous Act contained a specific article declaring intentional discrimination against indigenous persons, an offence punishable by law. The Committee was further concerned about land disputes between the Mapuche population and national and multinational private companies, which resulted in tension, violence, clashes with law enforcement officials and allegedly led to arbitrary arrests of members of the indigenous population.

Among its suggestions and recommendations, the Committee commended Chile for having recognized its part in the discrimination experienced by the indigenous and requested the State party that it consider the issue of a formal apology, as well as ways to ensure compensation to all concerned, which would significantly contribute in the reconciliation process in the society as a whole. In addition, the Committee recommended that the Chilean Constitution be amended to incorporate a prohibition of racial discrimination; that measures be taken to bring its legislation in to full conformity with article 4 of the Convention; and that Chile use all effective means to raise the awareness of its people about the rights of indigenous peoples and national or ethnic minorities.

Concluding Observations on Report of Uruguay

In its concluding observations on the report of Uruguay, the Committee welcomed the constitutional status granted to protection of human rights and the recognition of the principle of equality of individuals designed to preclude any form of discrimination, including racial discrimination. It also welcomed the inclusion of information on the demographic composition of Chile, in line with the Committee's previous recommendation.

Among the Committee's concerns was that information on the situation of ethnic groups living in the State party's territory remained insufficient. Concern was also expressed about the lack of information on special measures, such as an affirmative action programme, taken for the protection of the rights of disadvantaged ethnic groups such as Afro-Uruguayans and indigenous groups. The Committee was also concerned about the effective access to protection and remedies against acts of racial discrimination against, in particular, the Afro-Uruguayan and indigenous communities. The Committee expressed concern about the situation of women belonging to the Afro-Uruguayan community, who were victims of double discrimination on grounds of both their gender and race. It further expressed concern about the absence of sufficient information on the teaching of human rights, in particular on the combatting of racial discrimination, in the school curricula.

The Committee recommended, among other things, that Uruguay include in its next report information on the political, economic and social situations of ethnic groups living in the country. Uruguay was recommended that it establish special programmes aimed at facilitating the social enhancement of the Afro-Uruguayan community, which suffered double discrimination on grounds of both their gender and race. The Committee recommended that the State party take immediate and appropriate measures to ensure the enjoyment of all the rights enumerated in article 5 of the Convention in particular by members of the Afro-Uruguayan and indigenous communities.
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