In Dialogue with Chile, Experts of the Human Rights Committee Commend Measures to Promote Lesbian, Gay, Bisexual, Transgender and Intersex Rights, Raise Issues Concerning the Police’s Response to Social Unrest in 2019 and 2020, and Conscientious Objection to Performing Abortions
The Human Rights Committee today concluded its consideration of the seventh periodic report of Chile on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending the police’s measures to promote lesbian, gay, bisexual, transgender and intersex rights, while raising issues concerning police response to social unrest in 2019 and 2020, and conscientious objection by surgeons and institutions to performing abortions.
In the dialogue, one Committee Expert commended measures the police had implemented to promote the rights of lesbian, gay, bisexual, transgender and intersex persons.
Several Committee Experts raised concerns regarding the social unrest that occurred in 2019 and 2020. One Expert cited reports that security forces used disproportionate and unnecessary force against protestors, inflicting serious injuries on many of them, as well as causing several deaths. What steps had been taken to provide justice and reparation to victims and prosecute officials? What progress had been made in reforming the police?
Another Committee Expert said conscientious objection, in practice, made it extremely difficult to access safe and legal abortion. It could be exercised by individuals but also by institutions. In some institutions, all abortion requests were rejected. How was the State party ensuring access to abortions in practice? What sanctions would be taken against medical personnel or institutions that illegally or improperly used their conscientious objection?
Luis Cordero Vega, Minister of Justice and Human Rights of Chile and head of the delegation, introducing the report, said institutions were strained by the largest social protests seen since Chile’s return to democracy, which took place from October 2019 onwards. These events led to five elections being held in two years. Citizens had rejected proposed constitutional changes addressing human rights guarantees. One of the State party’s current challenges was resuming discussions on these proposals.
The delegation added that, in response to incidents occurring during the 2019 and 2020 social protests, police forces had been reformed, monitoring channels involving civil society had been increased, regulations regarding police operations had been revised, and channels for reporting violations by the police had been improved. A law obliging body cameras for the police and gender sensitive policing had recently been approved. The Public Prosecutor had in 2017, 2019 and 2021 updated regulations on investigations into institutional violence to make investigations more rigorous.
The police force had worked on incorporating human rights in training for officers, the delegation said. The police force included a human rights directorate and over 440 human rights officers, who worked to ensure the protection of human rights by the police. In 2022, two police vehicles were painted in the colour of the lesbian, gay, bisexual, transgender and intersex flag to raise public awareness of police support for this group.
The delegation said surgeons and institutions could conscientiously object to carrying out abortions, but only 10 institutions had issued a conscientious objection. If abortions could not be carried out due to conscientious objections, the individual in question could seek an abortion from an alternative source. Administrative penalties were issued to some individuals who inappropriately used conscientious objections.
In concluding remarks, Mr. Cordero Vega said Chile fully supported the promotion and protection of the human rights of all of society. It would spare no efforts to solve pending issues concerning human rights and undertake essential acts to close the gaps highlighted in the dialogue. It was grateful to the Committee and to civil society for their comments, which helped to improve human rights on the ground.
Tania María Abdo Rocholl, Committee Chairperson, in concluding remarks, said the dialogue had dealt with issues concerning the implementation of prior concluding observations; sexual and reproductive health; transitional justice and crimes committed during the dictatorship; measures to protect children; treatment of foreigners, asylum seekers, and victims of trafficking in persons; the rights of indigenous peoples; and excessive use of force, among others. The Committee sought the highest level of implementation of the Covenant in Chile.
The delegation of Chile was made up of representatives of the Senate; Supreme Court; Ministry of Foreign Affairs; Ministry of the General Secretariat of the Presidency; Ministry of the Interior and Public Security; Ministry of Justice and Human Rights; Chilean Investigative Police; Public Prosecutor's Office; Gendarmerie; and the Permanent Mission of Chile to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and fortieth session is being held from 4 to 28 March 2024. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage.
Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public this afternoon at 3 p.m. to begin its consideration of the third periodic report of Namibia (CCPR/C/NAM/3).
Report
The Committee has before it the seventh periodic report of Chile (CCPR/C/CHL/7).
Presentation of the Report
LUIS CORDERO VEGA, Minister of Justice and Human Rights of Chile and head of the delegation, said 10 years had elapsed since the last dialogue between Chile and the Committee. During this period, three Governments held office, and the Undersecretariat for Human Rights and the Office of the Ombudsman for Children's Rights were established in Chile. Institutions were strained by the largest social protests seen since Chile’s return to democracy, which took place from October 2019 onwards. These events led to five elections being held in two years. Citizens had rejected proposed constitutional changes addressing human rights guarantees. One of the State party’s current challenges was resuming discussions on these proposals.
Chile had a solid national human rights institution, which had autonomy and resources to carry out its mandate. The State party had made progress in implementing many of the Committee’s recommendations. It was taking steps to ensure security and full respect of its human rights obligations in the context of the response to the social protests, and addressing structural challenges in prisons. It was also working to bring its terrorism legislation into line with international standards. The ratification of the Escazú Agreement in 2022 showed the State’s commitment to protecting the environment and environmental defenders. The national search plan, currently under development, demonstrated the State’s willingness to settle historical debts with the families of victims of forced disappearance and to determine the whereabouts of disappeared persons.
Chile had a comprehensive protection and reparation regime for victims of femicide and their families; a special statute on parental responsibility and effective payment of alimony; rules on gender representation on the boards of public enterprises and state-owned companies; a gender identity law; and a law that allowed for the voluntary interruption of pregnancy on three grounds. The National Congress was currently processing legal reforms in the areas of non-discrimination and equality in family property rights.
The Presidential Commission for Peace and Understanding was currently considering the Mapuche people's demands for land and reparation for all victims of the conflict. It would submit to the President a report with proposals in this regard, which would form the basis for a long-term solution to the territorial disputes in Bío Bío, La Araucanía, Los Ríos and Los Lagos, and help to establish a new relationship between the State and the Mapuche people. In some of these territories, the State had had to deploy armed forces to safeguard the security of residents, including indigenous peoples.
The number of migrants entering Chile annually had almost tripled since 2014, reaching around eight per cent of the population, with an unprecedented volume of irregular entry. Public discussion tended to associate migration with criminality, influenced by an increase in criminal practices. The State had deployed exceptional mechanisms to contain and channel the flows of people trying to enter the country. However, it had also repealed decree law 1094, inherited from the military dictatorship, giving way to a law that incorporated guiding principles more consistent with international standards.
Chile took its international human rights obligations seriously. The State faced multiple, persistent challenges, including security threats posed by organised crime. Security and human rights were not mutually exclusive. Chile had been working to meet citizens’ demands and protect their rights.
ARTURO PRADO PUGA, Minister of the Supreme Court of Justice, said that from 2014 to date, the Supreme Court had issued more than 1,500 judgments in which the Covenant had been directly or indirectly invoked. The Court had created a technical secretariat for gender equality and non-discrimination, and adopted protocols on access to justice for the most vulnerable groups; the Judicial Academy had implemented a series of courses and training activities in this area. The post of Supreme Court Minister in charge of human rights affairs was created last year. The judiciary had been healing the wounds of painful times by promoting access to justice.
FRANCISCO CHAHUÁN CHAHUÁN, Senator, National Congress of Chile, said the National Congress was a space for public deliberation and for discussing legal initiatives. Through the initiative of the Congress, in less than a month after the social protests began in 2019, the Agreement for Social Peace and the New Constitution was signed. The citizens themselves then determined the course of these processes. Deliberations by citizens, governed by the democratic rules of the rule of law, were a guiding principle of the functioning of the State.
Questions by Committee Experts
A Committee Expert commended Chile’s efforts in cooperating with Paraguay to create a computerised system for monitoring treaty body recommendations. Had this system been created and implemented? Had it improved the State party’s capacity to implement recommendations?
Combatting impunity for human rights violations committed during the dictatorship was an ongoing issue. A significant number of cases concerning serious human rights violations occurring during the dictatorship had not been finalised. The Committee was concerned that the passage of time would jeopardise justice and potential reparation for victims. The Committee was also concerned that the amnesty law had not been repealed and could still be applied. What progress had been made in repealing the law?
Chile had taken significant steps to strengthen its human rights institutions, such as establishing the Human Rights Secretariat in 2017. What steps had been taken to adopt a national human rights plan for the 2022-2025 period? What goals did the plan have? The Committee welcomed that the Secretariat had been expanded and now had a presence in all regions of the country. Had its budget also been sufficiently expanded? What measures were in place to strengthen and promote its activities? What activities were undertaken by the Children’s Rights Ombudsman and the Ombudsman for Victims of Crime?
The Committee was concerned by the social unrest that occurred during 2019 and 2020. There were reports that security forces used disproportionate and unnecessary force against protestors, inflicting serious injuries on many of them, as well as causing several deaths. What steps had been taken to provide justice and reparation to victims and prosecute officials? What progress had been made in reforming the police since the police reform commission and its consultative unit were established in 2022? What measures were planned to promote social peace?
The Committee welcomed Chile’s ratification of several international treaties, and especially the Rome Statute and its Kampala amendments, as well as the Convention on the Protection of All Persons against Enforced Disappearance. Had it considered ratifying the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity? Had the State party considered the Committee’s recommendation to withdraw its reservations to the Covenant and the Optional Protocol on the individual communication mechanism? Why had it maintained these reservations?
Another Committee Expert asked about the reasons for the delay in reforming the anti-terrorism bill, pending since 2014. What was the State’s progress in this regard? The Committee was concerned that in June 2023, the State adopted a new law on combatting organised crime, which included rules that allowed for potential violations of Covenant provisions regarding special investigative powers. The Committee was also concerned that the anti-terrorism law and other laws were reportedly used against the Mapuche community exercising their freedoms of expression and demonstration. The declaration of a state of emergency in territories where the Mapuche lived had worsened the situation. Could the State party provide disaggregated data on persons targeted by criminal investigations and proceedings initiated under current anti-terrorism and anti-drug legislation, including their ethnic origin? What measures were being taken to ensure that justice was applied without discrimination?
The Committee took note of act 21.030, which allowed, under certain conditions, access to abortion, as well as related awareness raising measures. However, there were several ambiguities in the law and many practical obstacles to access to abortion. Incest was not expressly addressed in the law. Did the State party intend to reform the law to address incest? Conscientious objection, in practice, made it extremely difficult to access safe and legal abortion. It could be exercised by individuals but also by institutions. In some institutions, all abortion requests were rejected. How was the State party ensuring access to abortions in practice? What sanctions would be taken against medical personnel or institutions that illegally or improperly used their conscientious objection? What measures were being taken to ensure the right of all men and women to contraceptives, to inform women of their right to access safe and legal abortions, and to implement the right to sex education? How many safe and clandestine abortions had been carried out or refused in the reporting period?
One Committee Expert noted low reporting and prosecution rates in discrimination cases. Law 20.609 prohibited discrimination based on sexual identity, but only two complaints related to such discrimination had been filed, due to the law’s strict requirements. Could the law be amended to make reporting easier and include effective reparation measures for victims of discrimination? The failure to apply the law had led to increasing reports of discrimination of lesbian, gay, bisexual, transgender and intersex persons, including by State agents. There had been a 44 per cent increase in such discrimination in 2018. There were reports of homophobic and transphobic attitudes and bullying in schools. A recent study found that only 9.2 per cent of persons who had been victims of hate crimes reported the offence, due to fear of stigmatisation. When did the State party intend to implement measures to prevent hate crimes and protect victims and witnesses? When would the State party establish an institutional framework and legislation to prevent all forms of discrimination? The State party also needed to implement measures to promote reporting of discrimination crimes, rehabilitate victims, and train police officers on discrimination crimes. Had the bill on same sex marriage and same sex relations been adopted?
A Committee Expert asked about progress in adopting a draft law on equality. Did the State party intend to reform marriage legislation to allow for equal property rights for female spouses? Only 17 per cent of local councillors were women, and there were no gender quotas for regional or local elections. What measures were in place to increase women’s participation in political life? Only 16 per cent of executive positions in private companies were held by women. How would the State party increase women’s representation in public and private companies? What measures had the State party taken to guarantee equal pay for equal work?
The rate of aggravated femicides had consistently increased over the reporting period. Did there need to be an overhaul of the response mechanism and court system to tackle violence against women? When would the draft bill on violence against women be adopted? Could the delegation provide data on rates of gender-based violence in urban and rural areas? What guarantees for access to justice for victims of sexual violence could the State party adopt? How would the State party address barriers to access to justice for victims of gender-based violence?
One Committee Expert said that in 2020, the Chamber of Deputies rejected a bill that proposed a revision to the sexual education programme. Could the delegation provide more information on this? There had been a significant decrease in the number of adolescents who used contraceptives during the COVID-19 pandemic. How was the State party combatting teenage pregnancies? What was the age of consent for gender change surgeries? What measures were in place to prohibit involuntary procedures on intersex children and to provide access to reparation for victims and counselling for families with intersex children?
Responses by the Delegation
The delegation said Congress had adopted a sufficient budget for the national search plan for this year. Chile continued to investigate crimes that occurred under the dictatorship, irrespective of when those crimes were committed, and to pursue sanctioning for persons who committed these crimes and reparations for victims. The plan intended to speed up the gathering of testimony.
In response to incidents occurring during the 2019 and 2020 social protests, police forces had been reformed, monitoring channels involving civil society had been increased, regulations regarding police operations had been revised, and channels for reporting violations by the police had been improved. Congress was currently debating a new set of rules governing the use of force. A law obliging body cameras for the police and gender sensitive policing had recently been approved. The Public Prosecutor had in 2017, 2019 and 2021 updated regulations on investigations into institutional violence to make investigations more rigorous. There was a unit within the Public Prosecutor dedicated to investigating institutional violence. Awareness raising campaigns had been prepared on access to justice for victims of such violence.
In August 2023, the executive branch developed a draft law on terrorist crimes to ensure better regulation of terrorism crimes. This bill would include a strong focus on human rights. Legislation on countering organised crime was reformed in 2023, and legislation on financial crimes had also been reformed. The enactment of counter-terrorism legislation was limited; there had been nine investigations carried out under this legislation involving 39 persons, with five persons convicted.
Chile was urgently processing a bill to reform legislation on equality and anti-discrimination. The State party had adopted a law on same-sex marriage and established a governmental board for managing lesbian, gay, bisexual, transgender and intersex rights. In 2022 and 2023, the Government had carried out campaigns on the rights of lesbian, gay, bisexual, transgender and intersex persons, and it intended to do so again in 2024. A support programme for trans children and teenagers was also in place. Law 21007 repealed the law citing homosexuality as grounds for divorce. The second national human rights plan 2022-2025 contained measures to promote the rights of lesbian, gay, bisexual, transgender and intersex persons. The Government had held campaigns in the education system drawing attention to diverse gender identities and sexual orientation. A circular on accommodation of lesbian, gay, bisexual, transgender and intersex persons in the education system had also been prepared. The Government planned to produce a bill to strengthen the prohibition of involuntary surgeries on intersex children. A strategic plan to improve the quality of health services for lesbian, gay, bisexual, transgender and intersex persons had been developed.
The police force had worked on incorporating human rights in training for officers. The police force included a human rights directorate and over 440 human rights officers, who worked to ensure the protection of human rights by the police. All police bureaus communicated regularly with civil society organizations, which participated in capacity building and training programmes for police officers. In 2022, two police vehicles were painted in the colour of the lesbian, gay, bisexual, transgender and intersex flag to raise public awareness of police support for this group.
Chile was required to provide a lawyer to any person who could not afford one. Five per cent of cases in the criminal justice system over the reporting period involved indigenous peoples. The State had trained lawyers who were specialised in defending indigenous peoples. The Mapuche people were not involved in any cases involving drug crimes occurring in the north of the country.
Only 5.4 per cent of the prison population were indigenous; 10.6 per cent of the overall population identified as being indigenous, indicating that indigenous peoples were not overrepresented in the prison system. Chile had passed a resolution to implement advisory opinion 29 of the Inter-American Court of Human Rights on special treatment for indigenous peoples in the prison system.
Chile had made substantial progress in the areas of gender and women’s rights. The fourth equality plan 2018-2030 comprised more than 200 goals, including goals on civil and political rights. A campaign had been launched to empower women to take up leadership positions in political bodies. A protocol on violence against women in political bodies had been developed. The law on balancing family life and work established a teleworking regime and promoted sharing of parental duties. The second marriage law repealed a Civil Code article preventing pregnant women from remarrying for 270 days after divorce. Fathers’ parental responsibilities were now recognised after marriages had dissolved. Law 2840 changed the electoral system, introducing a gender quota up to 2029; 10 per cent of political parties’ budgets now needed to be used to promote women’s participation. In the Senate, 22 per cent of representatives were women in 2021. Quotas had also been established for women’s representation on the boards of public companies. A law establishing a quota for women representatives in local government bodies was currently being reviewed by the Senate.
In September 2016, the State regulated the voluntary termination of pregnancies in three cases: when the health of the mother was at risk, when the foetus could not independently survive outside of the womb, and when the pregnancy was the result of rape or incest. Psychosocial support was provided to women undergoing abortions. Surgeons and institutions could conscientiously object to carrying out abortions, but only 10 institutions had issued a conscientious objection. If abortions could not be carried out due to conscientious objections, the individual in question could seek an abortion from an alternative source. The Ministry of Health supported transfers of women to health centres to receive abortions, including overseas if necessary. Chile was taking steps to improve the implementation of the law. It had conducted a multimedia awareness raising campaign on abortion services. Between 2018 and 2023, there were over 4,800 abortions carried out legally.
An interinstitutional body had been established to prevent gender-based violence and coordinate the State’s response to femicides. A specialised unit within the Prosecutor’s Office to investigate cases of gender-based violence was being established. Guides had been developed on investigations of gender-based violence and femicide cases.
Follow-Up Questions by Committee Experts
One Committee Expert commended measures the police had implemented to promote the rights of lesbian, gay, bisexual, transgender and intersex persons. Another Committee Expert welcomed the draft bill that would prevent involuntary surgery on intersex children.
Committee Experts asked follow-up questions on actions to implement advisory opinion 29 of the Inter-American Court of Human Rights; allegations of harassment of human rights defenders calling for increased access to abortions; investigations into obstetric violence cases; the prevalence of female genital mutilation; progress in developing a database of treaty body recommendations; measures to ensure access to justice for women victims of violence; the timeline for the adoption of the gender equality law; measures to promote the participation of indigenous women in elections and in public life; and the number of cases of sexual crimes against children and measures to prevent such crimes.
Responses by the Delegation
The delegation said the President had in November 2023 signed a memorandum of understanding with Paraguay to rollout a database of treaty body recommendations. Chile was moving quickly to implement this tool. There were cases of obstetric violence in public hospitals in which victims were provided with reparation and remedies. A draft bill sanctioning obstetric violence as a standalone offence had been developed.
In Chile, conscientious objection was regulated; it was a recognised right and was not subject to sanctions. There had been 34 investigations carried out related to conscientious objection. Administrative penalties were issued to some individuals who inappropriately used conscientious objections.
A protocol on the protection of human rights defenders was being developed and would be promulgated soon. There had been no complaints of sterilisation surgeries being carried out on children or adults without their consent. Such surgeries were regulated by State legislation.
Measures were in place to protect victims and witnesses of gender-based violence. The Attorney General’s Office had in 2023 established a specialised gender unit that provided counsel on gender-related matters. A handbook was also developed on the investigation of gender-based violence cases, and a 2021 regulation on the investigation of such violence was being implemented. A norm on investigating cases involving gender identity was also being developed.
A bill had been prepared to amend law 20.609 to improve remedies for discrimination victims and strengthen the institutional response to discrimination. This law was not the only mechanism that discrimination victims could use to seek reparation in the courts; the amparo mechanism could also be used for this purpose. The number of cases lodged under law 20.609 had risen in recent years, and there were cases where courts had ordered reparation measures for victims of discrimination in the health and education spheres. There were 16 such cases in 2023.
The quota law obliged political parties to provide a minimum of 40 per cent of women candidates for national elections. There was a crossbench motion that would establish quotas for mayors and regional elections and provide additional resources to political parties that achieved quota targets. Resources had also been allocated to training women candidates. There were discussions on making quotas for women permanent.
Questions by Committee Experts
A Committee Expert said that, given the time that had elapsed since the crimes committed during the dictatorship, the risk of biological impunity for perpetrators was increasing. The statute of limitations was no longer applied to cases of crimes against humanity. Could it be applied to other serious crimes? There was reportedly a low rate of convictions for crimes of torture and clandestine detention. Did the State intend to declassify information concerning such crimes? What was the status of the bill developed on the declassification of information?
More than 2,000 children of migrants had been incorrectly classified as “children of parents in transit”, increasing their risk of statelessness. What measures were in place to ensure that all children born on Chilean soil had access to Chilean nationality? How many children born to foreign parents had acquired Chilean nationality?
One Committee Expert said that only a small number of State agents accused of torture and cruel or degrading treatment during the 2019 and 2020 protests had been prosecuted. There were fears that the statute of limitations for cases of torture could lead to impunity for perpetrators. Why was the statute of limitations for crimes of torture being upheld? Had sufficient financial resources been devoted to the national preventive mechanism to prevent torture?
What measures were in place to prevent trafficking in Chilean nationals, and to provide support and rehabilitation mechanisms for victims? How were victims supported to enter the labour market, and what compensation was provided to victims? Had the State party organised training for police officers, judges and advocates dealing with victims of trafficking? What awareness raising campaigns were in place encouraging victims to seek protection?
Another Committee Expert said there was a need to recognise indigenous peoples in the Constitution. Both proposals for Constitutional reforms were rejected by citizens, meaning indigenous peoples were not officially recognised and thus did not have sufficient State protections. There were reports that indigenous peoples were not being sufficiently consulted in matters concerning them, and that regulations on consultation were not in line with international standards. Environmental projects were often excluded from indigenous consultation, there were short timelines for many consultation processes, and certain indigenous peoples were excluded from consultations due to a lack of legal recognition.
What measures were in place to bring consultation regulations and practices in line with international standards? What solutions was the State party developing regarding conflicts over Mapuche lands? Had proposals for agreements on land ownership been developed? When did the State party expect to release its report on this matter? Afro-descendent tribal peoples did not have seats in discussions regarding the revision of the Constitution. The bill on consultation with indigenous peoples did not reference Afro-indigenous peoples. Were there plans to address this?
A Committee Expert said that there were various human rights violations carried out by security forces in the context of the 2019 and 2020 protests. There were around 7,000 complaints of violations pending before the courts, including 2,000 cases referencing torture. There were various reports of excessive use of force and inappropriate use of weapons. At the end of 2023, only 127 cases had been processed, with 37 convictions. What measures were in place to expedite hearings of cases involving excessive use of force? Did Chile plan to collect disaggregated data on police brutality? What measures had the State party taken to provide reparations to victims? Did the State party plan to repeal the ordinance that prohibited social protests? How would the State party prevent the use of firearms in the context of social protests? What was the status of the bill on excessive use of force? How did it and other legislation combat impunity and ensure that police respected principles of necessity and proportionality?
The Government nominated judges to the Supreme Court and the Appeal Court. How did the State ensure the impartiality of judges? Was there appropriate oversight of judges? What instruments were available for judges to contest decisions to strip them of their posts? There were reports that poor people often could not afford court costs and struggled to access justice. What measures were in place to address this? How was the State addressing allegations of corruption within the judiciary and the police?
Reportedly, around 85 per cent of children in State institutions were subjected to corporal punishment. What measures were in place to prevent the abuse of minors in State custody and educate State officials on children’s rights? What was the status of the draft bill on violence against children?
One Committee Expert said that in a few years, Chile had seen a significant jump in the number of foreigners on its territory. This had reportedly led to backsliding in terms of human rights protections for foreigners in Chile. There were reports of deportation and refoulement of foreigners. Foreigners in Chile could not easily obtain work visas. Asylum seekers were often denied access to refugee processing procedures. Speedy deportation procedures reportedly did not analyse whether the person involved had faced family abuse or torture. Bills had been developed that sought to expand the grounds for deportation and increase charges against irregular migrants. What measures were in place to address these issues?
The Committee had repeatedly called for legislation recognising conscientious objection from military service, but there had seemingly been little progress in this regard. Could the delegation provide information on this matter?
Another Committee Expert said the Committee welcomed that 11 police officials had been prepared to provide training on preventing torture. How many officers had received this training? What percentage of members of the armed forces had received training on human rights? Had the State registered any cases of sexual violence committed by police forces?
Persons deprived of liberty reportedly faced situations of prison overcrowding and obstacles in accessing health and education rights. Over 60 per cent of male prisons and 35 per cent of female prisons were reportedly overcrowded. Children of inmates up to three years old reportedly lived with their mothers in general prison cells. Why were specialised facilities not provided for such children? Most adolescents held in reprimand detention were reportedly not prosecuted. What measures were in place to address this concerning situation?
Responses by the Delegation
The delegation said judges continued to hear cases of crimes against humanity that occurred during the dictatorship, and there continued to be prosecutions for such cases. The amnesty law had not been applied since 1998. The Supreme Court considered the law to have been tacitly repealed. In 211 cases concerning dictatorship-era violations, the Court had rejected the use of a phased statute of limitations; it had accepted its application in only 25 cases. There had been 244 related convictions in 2023, an increase from 2022. This was due to actions taken by the investigation unit to bring cases before the courts.
Chile had implemented a raft of measures concerning human rights violations committed in the context of the 2019 and 2020 social uprising. Of the 10,000 related cases of rights violations reported, the assessment of around 1,000 was pending; 242 people had been charged; and 57 police officers, three soldiers and 11 navy officials were found to have been involved in violations. The high number of cases had overwhelmed the judiciary’s capacity. The Prosecutor’s Office had recruited specialised officers to carry out investigations of these cases. Specialised lawyers had also been trained to work on these cases.
The police had a strategic plan to safeguard human rights. The status of its human rights department had been elevated. Capacity building had been carried out for around 80,000 civil servants. More than 3,400 officers had received training on preventing torture and other cruel, inhuman or degrading treatment. Next week, the police would hold a ceremony to recognise good practices by officers. Video monitoring was used in police barracks. Visits to police barracks could be carried out by public defence lawyers. Reports of abuse within police barracks had dropped to almost zero.
Programmes to improve relationships with indigenous communities were in place, as were measures to tackle historical friction between the State and the Mapuche people. A commission had been set up in 2023 to advise the President on means of resolving this conflict. Over 20 dialogues with representatives of the Mapuche had been held on resolving land issues. The State aimed to carry out an analysis of requests for land rights and obtain consensus on proposed policies and solutions, including mechanisms for reparation for all victims of the historic conflict. This process would conclude in 2024 with a report that would serve as a roadmap for recognising Mapuche rights. The State had also recently concluded a consultative process regarding establishing a representative organization for Afro-descendant peoples. It had also made efforts to legally recognise other previously unrecognised indigenous peoples. There were 105 consultation processes currently underway with indigenous peoples.
The law on immigration entered into force in 2021. Human rights had been mainstreamed throughout the law. It included protections for victims of trafficking in persons and special provisions for children and adolescents. Around 26,000 humanitarian visas were granted for children and adolescents last year. The State upheld the principle of non-refoulement in all cases. Any persons who wished to seek residence in the country needed to have residence permits before entering the country. Persons subject to deportation proceedings could seek amparo measures in the courts. Persons apprehended at the border needed to be informed by the police of the refugee status application process. A bill before the Senate on removing criminalisation of irregular migration was still in the early stages of discussion. Under the previous migration law, Chilean nationality was not granted to the children of parents in transit. However, the current law recognised that any person born on Chilean soil enjoyed Chilean nationality.
The State had developed three action plans on the prevention of trafficking in persons. A protocol on assistance for victims of tracking and gender-based violence had been set up. Training courses on protecting trafficking victims had been conducted and guidelines on assessing trafficking cases had been developed to prevent revictimisation. Various reparation measures were provided for victims.
Training was provided for penitentiary staff on various human rights issues. As of 2023, there were over 53,000 persons deprived of liberty, an increase from 2022. The prison capacity rate was at 148 per cent overall. There were plans to overhaul existing penitentiary structures and increase the number of prison places. Some 2,500 places would be created in 2024. Prisons included segregated units for women inmates with children that complied with international standards. There were programmes providing social welfare services and childcare for families in prisons.
A handbook on care for children in State custody had been developed. The State was empowered to act in cases of potential violations against children and adolescents. Around 15,000 State agents had received training on caring for children and adolescents. A five-year deadline had been set to establish child services offices in each region of the country. There was no overcrowding in juvenile detention facilities. There were no pregnant girls in juvenile detention, but there were regulations on providing care for pregnant juveniles in detention.
Follow-Up Questions by Committee Experts
One Committee Expert commended the State party’s attitude towards victims of various human rights violations.
Committee Experts asked follow-up questions on measures to repeal the amnesty law; protect the rights of transgender and older persons in detention; address impunity within the police force; adopt legislation on the right to peaceful assembly; reduce the number of firearms in circulation; ensure the long-term representation of credible judges and prosecutors; recognise indigenous peoples in the Constitution and establish a council of indigenous peoples; support non-indigenous people of African descent; support victims of trafficking to reintegrate into society; reduce poverty rates; and cooperate with the national human rights institute to address historic and more recent human rights violations and seek reparation for victims.
Responses by the Delegation
The delegation said that Chile was aware that it needed to resolve historic offences committed by State agents against children in State custody. The State party was discussing the need for a permanent commission to investigate such violations. A bill on the right to family reunion had been developed. Congress was debating the use of force by the police. Stricter rules on the use of firearms had been established, and there was also a policy aiming to reduce the circulation of firearms throughout society. Programmes had been developed by various ministries to support victims of rights violations and promote access to justice, and there were efforts to unify these. The High Court had handed down a series of rulings promoting transparency in the appointment of judges.
Concluding Remarks
LUIS CORDERO VEGA, Minister of Justice and Human Rights of Chile and head of the delegation, said Chile fully supported the promotion and protection of the human rights of all of society. It would spare no efforts to solve pending issues concerning human rights. Continued improvement and consolidation of these rights was needed. The national search plan was contributing to establishing what happened to victims of enforced disappearance. Yesterday, the Lower House approved a resolution repudiating the crimes of the dictatorship and providing reparations to victims. Reparations were also being provided to victims of rights violations occurring in the context of the social uprising. Chile would undertake essential acts to close the gaps highlighted in the dialogue. It was grateful to the Committee and to civil society for their comments, which helped to improve human rights on the ground.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, expressed thanks for the diligence of the delegation in responding to the Committee’s questions. Chile’s high-level delegation indicated its commitment to upholding civil and political rights. The dialogue had dealt with issues concerning the implementation of prior concluding observations; sexual and reproductive health and abortions; gender identity and the rights of lesbian, gay, bisexual, transgender and intersex persons; the right to life; transitional justice and crimes committed during the dictatorship; measures to protect children; treatment of foreigners and asylum seekers and the possibility of accessing nationality; treatment of victims of trafficking in persons; the rights of indigenous peoples; excessive use of force; and training of lawyers, among others. The Committee sought the highest level of implementation of the Covenant in Chile.
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