12/10 Report of the Working Group on the Universal Periodic Review - Chile
Document Type: Final Report
Date: 2009 Jun
Session: 12th Regular Session (2009 Sep)
Agenda Item: Item6: Universal Periodic Review
GE.09-13922
UNITED NATIONS
A
General Assembly
Distr. GENERAL A/HRC/12/10 4 June 2009
Original: ENGLISH
HUMAN RIGHTS COUNCIL Twelfth session Agenda item 6
UNIVERSAL PERIODIC REVIEW
Report of the Working Group on the Universal Periodic Review *
Chile
_________________________
* Previously issued under document symbol A/HRC/WG.6/5/L.9; minor revisions have been added under the authority of the secretariat of the Human Rights Council on the basis of editorial changes made by States through the ad referendum procedure. The annex to the present report is circulated as received.
CONTENTS
Paragraphs Page
Introduction...................................................................................................... 1 - 4 3
I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS ... 5 - 95 3
A. Presentation by the State under review.......................................... 5 - 15 3
B. Interactive dialogue and responses by the State under review....... 16 - 95 4
II. CONCLUSIONS AND/OR RECOMMENDATIONS.............................. 96 - 99 15
III. VOLUNTARY COMMITMENTS OF THE STATE UNDER REVIEW 100 - 101 22
Annex
Composition of the delegation......................................................................... 23
Introduction
1. The Working Group on the Universal Periodic Review (UPR), established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its fifth session from 4 to 15 May 2009. The review of Chile was held at the 9th meeting, on 8 May 2009. The delegation of Chile was headed by H.E. José Antonio Viera Gallo, Minister and Secretary-General of the Presidency of Chile. At its 13th meeting, held on 12 May 2009, the Working Group adopted the present report on Chile.
2. On 8 September 2008, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Chile: Cuba, Qatar and Senegal.
3. In accordance with paragraph 15 of the annex to resolution 5/1, the following documents were issued for the review of Chile:
(a) A national report submitted in accordance with paragraph 15 (a) (A/HRC/WG.6/5/CHL/1);
(b) A compilation prepared by the Office of the High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/5/CHL/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/5/CHL/3).
4. A list of questions prepared in advance by Argentina, the Czech Republic, Denmark, Germany, Hungary, Latvia, the Netherlands, Sweden and the United Kingdom of Great Britain and Northern Ireland was transmitted to Chile through the troika. These questions are available on the extranet of the UPR.
I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS
A. Presentation by the State under review
5. At the 9th meeting, on 8 May 2009, José Antonio Viera Gallo, Minister and Secretary- General of the Presidency of Chile, introduced the national report. He noted that in 1990, Chile embarked upon the reconstruction of a democratic system based on respect for fundamental freedoms and human rights - civil, political, economic, social and cultural - valuing their universality, indivisibility and interdependence. Accordingly, it adopted a policy aimed at balancing economic growth and human development, providing a fruitful equilibrium between market and State.
6. Simultaneously, Chile set off the search for truth, justice and reparation with regard to the massive and systematic human rights violations perpetrated during a dictatorship which lasted for 17 years.
7. A thorough modernization of the judicial system was carried out, including reform of the penal process, juvenile justice, the family courts and labour law, and a prison system improvement project. A draft of a new Code of Military Justice is being prepared.
8. Other significant reforms are the abolishment of the death penalty in the Penal Code and in the Code of Military Justice in times of peace, norms on freedom of expression, the new law
guaranteeing religious freedom, the norms on transparency and accountability and the creation of the Transparency Council as an autonomous Government institution. A bill against discrimination is being discussed in Congress.
9. The recent codification of the crimes of genocide, crimes against humanity and war crimes will allow for ratification of the Rome Statute. The process for approval of the United Nations Convention for the Protection of All Persons against Forced Disappearance (CED) by Parliament is at a very advanced stage.
10. Aware of the valuable contribution of its aboriginal populations to shaping Chilean society, the democratic governments of Chile have made endeavours to deepen the recognition of their rights and promote their identity, establishing the historical truth about their contribution to the development of the nation and redressing the unfair treatment they received over the centuries. Constitutional recognition of the indigenous populations is under discussion in Congress and subject to wide consultation with the indigenous communities.
11. A social pact for multiculturalism, under the name Re-Conocer, has been put into place. A land restitution programme has been established and 500,000 hectares of land handed over to indigenous communities for the benefit of 22,000 families. A law on the rights of indigenous communities in coastal areas was adopted.
12. Chile is working on the implementation of the recently ratified ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries.
13. Chile has strongly progressed in legal, political and cultural aspects of the gender issue: a National Women’s Service has been created and women’s participation in the labour market reaching over 40 per cent of the labour force. For the first time in history a woman occupies the post of Head of State and Government.
14. The social protection system has enabled Chile to face the present economic and financial crisis with solidarity. In this regard, President Bachelet promised to maintain and increase the resources attributed to this system. The laws on increasing unemployment insurance and on encouraging employment of young people with a special subsidy grant are conclusive evidence of the Government’s commitment. Poverty fell from 38.6 per cent in 1990 to 13.7 per cent in 2006 and the population below the poverty line fell from 13 per cent in 1990 to only 3.2 per cent in 2006. These figures eloquently reflect the progress of Chilean families.
15. The Government said it was set to create a national human rights institution (NHRI) based on the Paris Principles and elaborate a national human rights plan, and announced Chile’s decision to extend an open and permanent invitation to all special procedures of the Human Rights Council to visit the country.
B. Interactive dialogue and responses by the State under review
16. During the interactive dialogue, statements were made by 51 delegations.
17. A number of delegations thanked Chile for the comprehensiveness of the national report and its open and frank presentation. Statements were made welcoming Chile’s commitment to the UPR process and its constructive and cooperative participation in the Human Rights Council.
18. A number of States welcomed Chile’s ratification of the major international human rights instruments, including ICCPR-OP 2 and CPD-OP, and for announcing a standing invitation to all special procedures. A number of delegations expressed appreciation of Chile’s comprehensive legal and institutional framework for the promotion and protection of human rights; its democratic transition and consolidation from a 17-year-long authoritarian regime; and its efforts to seek truth, justice and reparation with regard to the massive and systemic violations of human rights committed in the past. Some States noted Chile’s economic growth with social equity and its successful social policies to combat poverty, noting that Chile had already achieved most of the MDGs.
19. Algeria enquired about the protection of freedom of religion and belief in Chilean legislation. It recommended that Chile (a) give particular attention to indigenous peoples when implementing poverty reduction and alleviation programmes and works towards eliminating any discriminatory measures applied to them; (b) take effective measures to eliminate the many obstacles that prevent women from entering the labour market and include in its legislation the principle of equal pay for equal work and ensure that employers scrupulously observe this principle; (c) guarantee effective access to education for all children, especially those from indigenous communities, refugee children and children whose families live in rural areas or below the poverty line and take effective measures to fight against the factors behind their exclusion from the educational system.
20. China asked what specific experiences Chile could share with developing countries in achieving the MDGs. It asked how the Government was addressing the quality and quantity of homes and urban environmental protection under its State housing-subsidy schemes.
21. Norway welcomed the recent ratification of the ILO Convention No. 169, enquiring as to the degree of its practical implementation. It recommended that Chile (a) intensify its work to improve the situation of its indigenous population; (b) make further efforts and set specific targets to decrease the number of incidents of domestic violence and strengthen the mechanisms and institutions protecting women from domestic violence; (c) continue to reform and upgrade its detention system in order to improve the situation of inmates in prisons.
22. Malaysia asked how inequalities in the standard of living between urban and rural areas were being addressed. It recommended (a) expediting efforts to establish a NHRI in conformity with the Paris Principles; (b) undertaking comprehensive study on the causes and extent of trafficking in persons in Chile, taking into account the origin, transit and destination countries; (c) taking necessary measures to combat the problem of trafficking and exploitation of prostitution, including through national legislation; and (d) continuing to strengthen poverty alleviation efforts, including through programmes for indigenous people.
23. Brazil enquired specifically about women and children and indigenous people. It requested details of Chile’s experience in ensuring access to truth and historical memory, and the specific areas where technical assistance would be welcomed. It recommended that Chile (a) consider ratification of the Rome Statutes of the International Criminal Court and CED; (b) give greater impetus to a policy to prevent, combat and eradicate torture, including the adoption of a definition of torture in accordance with article 1 of CAT; (c) continue its effort to fight against impunity and human rights violations, with particular attention to the rights of indigenous peoples; and (d) implement the voluntary human rights targets approved in Human Rights Council resolution 9/12.
24. Sweden recommended (a) continuing and strengthening efforts to find a solution that respects the land rights of indigenous groups and ensures legal protection of their human rights. Noting that the Committee on the Rights of the Child had urged Chile to review its complete criminalization of abortion, it recommended (b) furthering efforts to ensure that the abortion laws are brought into line with Chile’s human rights obligations. Welcoming proposals for a new law against discrimination, Sweden recommended (c) that discrimination on the grounds of sexual orientation and gender identity be prohibited by law and included in equality programmes and policies.
25. The Netherlands requested more details on the proposed anti-discrimination law pending in Parliament. It recommended that Chile (a) seek accountability for abuses by the police and ensure that civilian authorities investigate, prosecute and try such abuses; (b) take the necessary measures to prevent outlawing or penalizing legitimate protest activities or social demands by indigenous organizations and peoples and review ways to amend the Anti-Terrorism Act 18.314 according to recommendations of the Human Rights Committee; (c) prohibit by law, and include in equality programmes and policies, discrimination on the grounds of sexual orientation or gender identity and use the Yogyakarta principles as a guide to assist policy development; and (d) ratify CEDAW-OP.
26. The United Kingdom noted Chile's important progress in ensuring that mechanisms are in place to prevent the abuses perpetrated during the military dictatorship. It encouraged Chile to maintain momentum in establishing a national human rights institution. With regard to the OPCAT, It asked what steps were underway to establish a National Preventative Mechanism. It noted that poverty continues to affect the delivery of economic and social rights. It recommended to (a) establish an effective national preventative mechanism within the one-year deadline established by CAT-OP and hold early civil-society consultations on the sort of mechanism that would be most appropriate for Chile; (b) take further steps to address discrimination against women and people belonging to vulnerable groups including children, minorities and indigenous people.
27. Egypt asked how Chile is managing the delicate balance between ensuring truth and justice and establishing harmony and reconciliation. Egypt also enquired about the measures being taking to ensure the full integration of the different components of its society, including the Arab community, while preserving their cultural and social rights.
28. Japan referred to the concerns raised about inadequate educational access for indigenous children, refugees and those living in poverty and rural areas. It supported recommendations for improvement offered by the Committee on the Rights of the Child, also enquiring about Chile’s efforts to address human trafficking. It recommended that Chile make further efforts to develop and implement appropriate legislative and administrative measures to provide equal employment opportunities for men and women and to address the wage gap.
29. Mexico recommended to (a) review and if necessary modify the legislation to ensure the right of every person not to be discriminated against and eliminate of any form of discrimination against women; (b) realize the principles established in the United Nations Declaration on the Rights of Indigenous Peoples and fully implement the recently ratified ILO Convention No. 169, particularly ensuring the participation of indigenous peoples in the political sphere, and proceed with the demarcation and titling of land referred to in its report; (c) strengthen judicial protection to fully guarantee human rights as recognized by the Constitution.
30. Denmark recommended to (a) take all necessary steps to implement all aspects of ILO Convention No. 169. Enquiring about the process towards constitutional recognition of the indigenous populations, it recommended to (b) pursue such recognition within a reasonable time without neglecting the consultations mentioned in the presentation. It also recommended to (c) ensure full and effective consultation of indigenous communities before granting licenses for the economic exploitation of disputed land; noting this was recommended by the Human Rights Committee in 2007.
31. Azerbaijan recommended to (a) put an end to trials of civilians by military courts; (b) fully investigate the alleged cases of torture, ill-treatment and excessive use of force committed by police and security forces and bring the perpetrators to justice; (c) fully investigate the alleged cases of arrest and deportation of journalists and filmmakers depicting the problems of the Mapuche people; (d) strengthen its measures to combat violence against women and reduce underrepresentation of women, including in the labour market; (e) tackle the problem of street children and child labour, as well as discrimination against indigenous children; (f) undertake effective steps to fight human trafficking, including by enacting specific legislation; and (g) continue its efforts to solve the problems of indigenous peoples, in particular their land issues, and ensure that the Anti-Terrorism Act not undermine their rights.
32. The Syrian Arab Republic noted that Chile was taking quick and confident steps in fulfilling its international commitments and pledges, and had also played an important role in implementing the Council’s mandate. It recommended that it continue its efforts to modernize the justice system.
33. Austria recommended that Chile (a) intensify efforts to demarcate and restore land and to systematically consult with indigenous people before granting licenses for economic exploitation; (b) introduce new legislation to further strengthen the rights of indigenous peoples. Austria raised its concerns about penal sentences for children aged below 16 and even 14 and recommended to (c) take all necessary steps to ensure that persons below the age of 18 are under all circumstances tried by a specialized juvenile justice system and that the best interests of the juvenile offenders are given the highest priority so they can successfully be reintegrated into society. The deprivation of a child’s liberty should only be used as a last resort.
34. New Zealand recommended that Chile (a) ensure indigenous groups are able to express their view, have access to relevant political and decision-making processes and are provided with the support necessary to meaningfully engage on issues that affect them; (b) strengthen measures to counter discriminatory attitudes in society, including through public education and equality initiatives, and legislative measures to prevent discrimination on the basis of sexual orientation and gender identity; (c) commit to enacting pending legislation on reform of the binominal electoral system, establishment of a NHRI and gender equality by the end of 2010.
35. Switzerland recommended to (a) adopt and implement effective laws to prevent, suppress and eliminate discrimination against women and combat domestic violence; (b) adapt the military justice system to international standards so that it guarantees the right to a fair trial, adding that civilians must not be brought before military courts; (c) not apply the Anti-Terrorism Act for acts related to the claims of indigenous peoples.
36. Bangladesh recommended to (a) establish an NHRI in accordance with the Paris Principles to reinforce the Government’s commitment to the promotion and protection of human rights; (b) undertake appropriate electoral and legislative reforms to enhance the scope for
political representation of indigenous people, particularly women; (c) provide adequate policy and institutional support to address the marked disparities in the socio-economic indicators between the indigenous and non-indigenous populations; (d) expedite the investigation and trial of cases of gross human rights violation cases committed during the military dictatorship to ensure adequate compensation and reparations for the victims and their families; (e) protect the right of family being the natural and fundamental group of society based upon the stable relationship between a man and a woman, as enshrined in article 16 of the Universal Declaration.
37. Finland recommended that Chile (a) review its legislation criminalizing the termination of pregnancies in all circumstances, including in cases of rape, incest and situations where the life of the mother is at risk, making adequate information on family planning and the regulation of fertility publicly available; (b) promote a constructive dialogue between authorities and indigenous people and their organizations. The participation of indigenous people in the formulation and implementation of laws and programmes affecting their lives should be promoted and resources provided to that end.
38. Germany enquired about the way civil society has participated in the process to establish a NHRI and about cooperation with the local OHCHR office in the country. Germany recommended that Chile ensure full compliance with all obligations assumed under ICCPR and all other international human rights treaties to which it is a party and revise domestic legislation that may still be incompatible with these obligations.
39. Turkey asked for more information on the legislative actions that need to be taken in order to repeal the current joint marital property regime. Taking note of the views expressed by the Committee of the Rights of the Child on access to education for indigenous peoples, Turkey encouraged Chile to increase budget allocations to education with a view to overcoming this problem. Turkey asked about progress in establishing a human rights mechanism in conformity with the Paris Principles.
40. The United States asked if there were other efforts underway to reduce the level of domestic violence against women and how the Government would sustain and expand those efforts. It recommended that Chile work with relevant NGOs to create programmes to educate law enforcement officials, judges and others on domestic violence as a serious issue that should be remedied through the legal system and not kept hidden in the domestic sphere.
41. Morocco highlighted the establishment of the Mohammed VI Centre for the dialogue of civilizations in the Chilean city of Coquimbo. It asked about the value added of two draft laws on migration and refugee status compared to existing instruments and the implementation of ICRMW. It recommended that Chile (a) establish a NHRI in accordance with the Paris Principles, and (b) strengthen and boost the experience it already has on reforming the educational system by promoting a human rights culture through its integration into school curriculums, particularly in rural areas.
42. India commented that some concern had been expressed about the need to expedite the establishment of a NHRI in conformity with the Paris Principles and an autonomous Office of the Ombudsman. It requested the Chilean delegation to share more information on the subject, and on difficulties faced by Chile in increasing the participation of women in its labour force.
43. The Republic of Korea considered Chile’s path toward democracy and its Government’s efforts to uphold human rights as good practice for other countries to follow. It asked for information on Chile’s experience in handling the balance between truth and justice one the one hand and reconciliation on the other.
44. Nigeria noted the establishment of the National Office for Returnees aimed at facilitating the reintegration of political exiles and the implementation of policies on equality before the law and non-discrimination against vulnerable groups. It recommended speedy passage of the bills on the establishment of a NHRI and Office of the Ombudsman, as these would enhance the promotion and protection of human rights for all Chileans.
45. Chile indicated there is a text currently under review to recognize the multicultural nature of Chilean society in the country’s fundamental charter as well as the collective and individual rights of indigenous peoples, in particular protection of their land and water resources, their participation in decision-making processes and the promotion of their cultures and traditions. This important step is the result of a wide-ranging process of national consultation with indigenous peoples, since it is through dialogue that Chile hopes to incorporate the opinions of all society, especially indigenous peoples.
46. Political participation of indigenous peoples in Chile is happening in two ways: through constitutional recognition of their right to participate in consultations on the future draft laws that will create an independent entity called the National Council of Indigenous Peoples, and in proposals of special quotas for their participation in the National Congress and Regional Councils.
47. Chile’s antiterrorist law cannot be applied on the basis of ethnic, religious or political considerations, but only in accordance with the gravity of the crime committed. Chile reiterated its commitment to full and transparent investigation of cases presented for disproportionate use of public force and the application of sanctions according to the law.
48. Chile’s Indigenous Law, which enshrines access to the right to posses land and water of indigenous communities, has been applied through the Land and Water Policy, which recognizes ancestral possession of these resources. This procedure has been recognized by indigenous peoples and society in general as an effective mechanism. Chile’s challenge lies in the fact that together with the acquisition and handover of land and water, Chile must generate methods of productive development in line with the reality of each indigenous group.
49. Chile, in the framework of its new indigenous policy called Re-conocer, has a plan for participatory implementation of Convention No. 169, through consultations on issues which may affect indigenous communities, and a Code of Responsible Conduct for private and public investment. Chile will follow the recommendations which have been made about adopting and achieving the objectives of the Declaration on the Rights of Indigenous Peoples, an important political instrument.
50. The National Corporation of Indigenous Development of Chile and the Ministry of Education have developed programmes of bilingual intercultural education. Furthermore, the General Law of Education, recently approved, includes the protection and promotion of indigenous languages, promoting generation of pedagogical methods and curricular adaptation of educational institutions in Chile.
51. Chile has been reducing the levels of poverty and extreme poverty of its population. The gap between indigenous and non-indigenous poverty has dropped and Chile aims to reduce it even more through pertinent policies.
52. Chile’s police service is constantly concerned with avoiding inappropriate behaviour. Every accusation is looked into. All police officers in Chile must take and pass courses on human rights, and all accusations against the police are investigated.
53. Chile is carrying out a process of reforming the military justice system, including taking away the competence that military law currently has over civilians. Chile has enriched the law on “due obedience” to “reflexive obedience” that allows a subordinate to disobey an order that would mean committing a crime. Conscientious objection to military service is available to relatives of the victims of human rights violations of the past.
54. Between 1990 and today, Chile has made progress in the reduction of maternal mortality, reducing the rate from 120 to less than 50 deaths per 100,000 live births. On the issue of abortion, the rate has gone from 60 annual deaths to 17.
55. Through family planning programmes, access to modern contraceptive methods has increased by 34 per cent between 1990 and 2006 and full obstetric services are accessible, including for complications arising from abortions. Drugs for emergency contraception are available by express instruction of the Ministry of Health. In Chile, forced sterilization is illegal. Induced abortion is forbidden in Chilean legislation and this topic is part of society’s current debate.
56. As recently explained to the Committee against Torture, medical care is not conditioned on a statement as to the origin of the disease or wound that the patient suffers. Under the Penal Code, a professional can be charged with refusal to provide care. The Ministry of Health has instructed that although is illegal, women should not be forced to make a statement of responsibility before receiving medical care for injuries resulting from abortion.
57. Chile is currently working on a draft law, with political support from the Government, opposition and civil society, to improve the regime of marital partnership.
58. In 1991, Chile created the National Service for Women to lead the process of eliminating discrimination against women. Ending violence against women is a priority for the President, who established the Gender Agenda 2006-2010 as a technical-political instrument to mainstream gender into public policies. Chile has established 58 women’s centres and 16 shelters.
59. Corporal punishment of children is forbidden in Chile and the Civil Code stipulates that discipline must be exercised in conformity with the law and CRC.
60. Chile’s migration policy is based on respect for human rights of migrants, regardless of migratory status. In 2007, Chile undertook its second regularization process, allowing 50,000 foreigners to obtain residency permits and thus accede to employment opportunities and social security. Given the high migratory flows received, Chile is working on a new law on migration, in accordance with ICRMW.
61. On refugee matters, Chile has maintained a policy of solidarity meant to integrate refugees and asylum seekers. It has participated since 1997 with UNHCR in resettlement
programmes and received people from more than 10 countries, most recently, 116 Palestinian citizens.
62. On trafficking in persons, Chile has ratified the Palermo Protocols and is in the process of drafting a law to codify both crimes, as well as establish measures of assistance to victims and prevention.
63. Bolivia asked if Chile could comment on the level of participation of indigenous peoples in the adoption of laws which are of concern to them in Congress, and also on the measures that will be taken to implement ILO Convention 169. Bolivia recommended that Chile (a) consider promoting more effective participation by indigenous peoples in political decision-making; and (b) continue strengthening those mechanisms which protect the rights of women, especially indigenous women.
64. Guatemala recommended to (a) continue efforts, in consultation with indigenous peoples, to address the issue of indigenous peoples’ rights through the application of ILO Convention 169 and the Declaration on the Rights of Indigenous Peoples; and (b) continue with the legal or administrative measures they deem appropriate to ensure equality between men and women. Guatemala, noting that Chile only recognizes undocumented migrants’ access to health care and education in some special situations, asked how Chile intends to ensure that all migrants access health and education services.
65. Argentina recommended to (a) continue efforts to eliminate all obstacles standing in the way of justice; (b) ratify the convention regarding war crimes and accept the Rome Statute; (c) continue its efforts to review the competence of military justice when it comes to trying civilians and to reform the Code of Military Justice accordingly; (d) ratify the Convention and accept the competence of the Committee regarding enforced disappearances. It congratulated Chile for ratifying the Inter-American Convention on Violence against Women and recommended to (e) reform the marital partnership to ensure compliance with its various acquired international obligations.
66. France asked what timeframe the Chilean authorities envisage for the revision of the Amnesty Law of 1978. It said that women, sexual minorities and indigenous peoples continue to be victims of different types of discrimination at various levels, asking how Chile intends to improve this situation. It recommended to (a) review the provisions governing the operation of military courts in peacetime to comply with international standards; (b) ratify CED; (c) ratify the Rome Statute.
67. The Holy See noted that Chile had committed itself to improving the situation of the indigenous population and that lands had been restituted, but expressed concern that the speed of the process remained slow. It asked how the Government intended to respond to this challenge. The Holy See recommended that it continue to adhere to the cultural and religious values which make up the identity of the country in defence of the right to life and the right of the family.
68. Lebanon recommended that Chile maintain its commitment and continue its actions, including the setting up of institutions and commissions, to safeguard human rights. Lebanon asked for clarifications concerning the status of the 1967 Minors Act, the new social policies focused on development and the difficulties confronted in moving away from the previous welfare system.
69. Italy recommended to (a) intensify efforts for the full respect of the rights of the Mapuche people and their protection from discriminatory practices; (b) proceed to the abrogation of the Amnesty Law put in place during the military regime; (c) consider total elimination of the death penalty from the normative system in Chile, including norms of the Military Justice Code that still provide for it in certain cases.
70. Pakistan commented that some concerns, such as continued competence of military courts over civilians, validity of the Amnesty Act of 1978 for crimes against humanity and constitutional non-recognition of the indigenous population, had found resonance among civil society. It recommended, in line with the expressed commitment of the present Administration, to (a) expedite the legislative process to create the NHRI, in accordance with the Paris Principles, as well as the proposed Office of the Ombudsman; and (b) enact and enforce the necessary legislation to ensure women’s against all forms of violence, their right to equal remuneration and their enhanced participation in public decision-making.
71. Palestine noted that Chile has established a system to monitor the implementation of recommendations emanating from the national human rights bodies. It commended Chile for participating in the “Mexican Action Plan”, a programme of solidarity resettlement for refugees under which hundreds of Palestinian refugees were welcomed too the country since 2007, and encouraged. It recommended that Chile pursue its commitments to the promotion and protection of the universal values of human rights, especially through the strengthening of the rule of law.
72. Peru, referring to the Law of Transparency and Access to Information which came into effect on 20 April 2009, asked for more information regarding its scope and the exceptions contemplated. Peru also asked about policies and actions that Chile has developed to ensure the full enjoyment of human rights of migrants. It recommended (a) the prompt creation of a NHRI in accordance with the Paris Principles, and (b) the early approval of the National Human Rights Action Plan.
73. Uzbekistan recommended that Chile (a) take appropriate measures to prevent torture and ensure that all allegations of torture are properly and independently investigated, and ensure that the law adopted to define torture is in accordance with article 1 of CAT; (b) thoroughly investigate all forms of human rights violations particularly of those who were arrested in the course of police operations; (c) take proper legal and administrative measures and adopt the national plan of action to ensure full observance for rights of indigenous peoples; (d) appropriately fight and eradicate the worst forms of child labour; (e) ratify the International Convention against the Recruitment, Use, Financing and Training of Mercenaries; (f) establish a NHRI in accordance with the Paris Principles.
74. Nicaragua applauded Chile for attaining the second place in Latin America and the Caribbean in the UNDP Human Development Index. Nicaragua however noted that Chile had not established a NHRI in accordance with the Paris Principles, which must enjoy full independence from other State institutions. Nicaragua recommended that Chile (a) accelerate this process of reform and (b) approve without delay a reform to the military code, allowing its judicial system to be in accordance with international human rights standards. Nicaragua asked for more information on Chile’s programme of concession on infrastructure of prisons.
75. Ukraine appreciated, inter alia, the establishment of the comprehensive child protection scheme and the efforts to strengthen constitutional provisions on equality between men and women. Ukraine recommended that Chile (a) increase efforts to ensure implementation of
legislation guaranteeing the principles of non-discrimination and adopt a comprehensive strategy to eliminate all forms of discrimination, particularly gender-based; and (b) continue and strengthen its efforts to bring the national legislation, in particular the Criminal Code, into line with ratified instruments.
76. Spain recommended that Chile (a) sign and ratify CED, the Convention on the Non- Applicability of Statutory Limitations to War Crimes and Crimes against Humanity and the Rome Statute; (b) speedily establish public institutions to ensure respect for human rights, such as the Ombudsman, which has been debated in Parliament since 2008, and the National Institute for Human Rights which is also paralyzed in Congress; (c) improve the situation of women ratify CEDAW-OP, and enact and enforce specific legislation regarding violence against women and ensuring their sexual and reproductive rights; (d) recognize the indigenous peoples in its Constitution, to implement the outstanding recommendations of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, and acknowledge their contribution to the Chilean identity as a people; (e) eliminate the application of military jurisdiction to civilians.
77. Paraguay urged Chile to continue its efforts to find ways to vindicate the human rights of citizens, in particular the families of the victims of disappearances. Paraguay noted the findings of the Inter-American organs for promotion and protection of human rights asking for further elaboration on the Chilean experience as party to cases brought before these bodies.
78. Ghana noted, inter alia, the establishment of the National Commission on Truth and Reconciliation and the Forum for Dialogue. It recommended that Chile (a) strengthen the compensation process so that as many victims as possible can benefit from the reparation measures; and (b) speed up the process to establish a NHRI in line with the Paris Principles and an Ombudsman’s Office and elaborate a national human rights plan.
79. Equatorial Guinea welcomed, inter alia, the creation of a Special Commission on Indigenous Peoples and the support for the educational system, which currently provides free and compulsory schooling at primary and secondary levels; the adoption of a second plan on equal opportunities for women for 2000-2010 and of a Government Agenda for Gender Equity for 2006-2010. It asked what steps are being taken to combat trafficking and prostitution.
80. Latvia noted the improvements in various social indicators, including the improved coverage in primary and secondary education and the progress made in the area of poverty reduction. Latvia welcomed the decision to extend an open and permanent invitation to all special procedures and invited other countries to follow Chile’s example.
81. Colombia asked how compensation to victims recognized by the National Corporation for Compensation and Reconciliation is complemented by compensation ordered by judges for violation of human rights during the dictatorship. Colombia recommended that Chile (a) continue with its efforts to achieve approval by Congress of the Rome Statute, and (b) on the trying and punishing of State agents responsible for grave of human rights violations, continue providing the judiciary with all necessary resources and support so that the 338 pending criminal cases cited in paragraph 27 of the national report can be resolved.
82. Uruguay noted Chile's work to prevent impunity for past human rights violations based on three pillars: truth, justice and reparation for victims and members of their families. Uruguay recommended (a) continuing and deepening the Second Plan on Equal Opportunities for Men
and Women and the Government's Agenda for Gender Equality, to totally eliminate discrimination against women at work, in decision-making positions, in management of marital property and society as a whole; (b) continuing and deepening respect for indigenous peoples, recognizing their cultural wealth and facilitating their participation in national and community issues, particularly issues of direct concern to them such as property and land use, to eliminate all discrimination against indigenous persons or indigenous communities.
83. The Czech Republic recommended (a) providing specific and practical human rights education and training to all prison officers, members of the Carabineros, Policia de Investigaciones, and Gendarmeria, and ensuring their full accountability for any violations of human rights as well as effective access to remedies for victims; and (b) reviewing article 373 of the Criminal Code so that it cannot be abused for persecution of persons belonging to sexual minorities. It welcomed the introduction of legislation aiming at eradicating violence against women and recommended (c) that it be widely circulated among that general public, all cases of violence against women be registered and all complaints promptly investigated. It recommended (d) that the Government end jurisdiction of Military Courts over civilians and review all rules of criminal procedure so that they fully comply with international standards of fair trial, and provide full support for the bill aimed at ensuring this compliance; (e) review anti-terrorist laws and their application so that they can not be abused for persecution of persons from the Mapuche community for their political or religious activity; (f) adopt national refugee legislation to ensure full realization of refugee rights, in particular protection of the principle of non-refoulement, and pay special attention to measures aimed at protecting vulnerable groups such as women at risk, victims of torture and unaccompanied children.
84. Ecuador emphasized Chile’s efforts and political commitment to allocating resources to health, education and poverty reduction programmes, such as Chile Solidario and Plan AUGE. It asked about the actions taken regarding the recommendation of CRC to guarantee to child refugees, asylum seekers and migrants the immediate processing of their registration and identification documents so that they would not be deprived of access to health services and education.
85. Slovenia welcomed, inter alia, the improved social assistance and enhanced enrolment of poorer children. Slovenia recommended that Chile continue to increase budget allocations to the educational sector, focus on overall improvement in the quality of education, particularly in rural areas, and ensure the expansion of the bilingual intercultural programme for indigenous peoples.
86. Viet Nam commended Chile for its cooperation with the special procedures. Realizing that protection of the rights of vulnerable groups, in particular indigenous peoples, is one of the main challenges facing Chile, Viet Nam recommended that it continue to strengthen its measures and mechanisms to overcome this challenge.
87. Canada expressed concern that, in select instances, the Government of Chile responded to indigenous people demanding rights with police intimidation and the application of anti- terrorism legislation. It recommended that Chile (a) reinforce efforts to recognize indigenous rights and to effectively include them in Chile’s legal and administrative structure, and to address land claims with indigenous peoples and communities through a process of effective dialogue and negotiation. Canada recommended; (b) amend the appropriate legislation in accordance with its international human rights obligations to address the issue of amnesties for perpetrators of human rights violations; (c) ratify the CEDAW-OP; (d) enact reforms to the jurisdiction of
military tribunals ensuring that they do not hear civilian cases, in accordance with international human rights standards.
88. Chile stated that although non-discrimination is enshrined in the Constitution, the Congress is currently discussing a draft law that establishes measures against discrimination. Chile has a national plan against racism and for the promotion of non-discriminatory best practices, which includes educational campaigns.
89. Chile reformed the criminal procedure. The Congress is considering a draft proposal to deal with prison overcrowding. Chile is working on prison infrastructure and specific measures for adolescents and juvenile justice, including ambulatory sanctions.
90. The Decree on Amnesty which covers the crimes committed between 11 September 1973 and March 1978 has not been applied by Chile’s Superior Tribunals of Justice since 1998 in cases of enforced disappearance, extrajudicial executions and torture, under the argument that the principles of international human rights law and humanitarian law have primacy.
91. With regard to compliance with the decision of the Inter-American Court for Human Rights on the case of Almonacid Arellano, there is an investigation into this grave violation of human rights and Chile’s Ministry of Interior is assisting as a concerned party.
92. Chile has implemented various compensation measures for human rights violations of the past. One of the most significant is the establishment of two Truth Commissions, one for victims of enforced disappearance and extrajudicial execution and the other for victims of imprisonment and torture. Important compensation laws have come from the recommendations of these Commissions. Importance has also been given to symbolic reparations, such as memorials to victims and the inauguration at the end of 2009 of the Museum of Memory and Human Rights, which will include archives of the military dictatorship from 1973 to 1990.
93. Chile is complying with the MDGs, a very important task for economic and social development.
94. The country is looking forward to the possible visit of the Special Rapporteur on the sale of children, child prostitution and child pornography. This is a priority for Chile, where all children have a right to education under the programme Chile Crece Contigo.
95. Chile made a commitment to implement many of the recommendations by its next review.
II. CONCLUSIONS AND/OR RECOMMENDATIONS
96. The recommendations formulated during the interactive dialogue have been examined by Chile and the recommendations listed below enjoy the support of Chile:
1. Ratify the Rome Statute of the International Criminal Court (France, Brazil, Spain), accept it (Argentina) and continue with efforts to achieve approval in Congress (Colombia);
2. Consider ratification of the International Convention for the Protection of All Persons from Enforced Disappearance (Brazil, Spain, France) and accept the competence of the relevant Committee (Argentina);
3. Positively (Canada) consider ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (Netherlands, Spain);
4. Implement the voluntary human rights targets approved in Human Rights Council resolution 9/12 (Brazil);
5. Strengthen institutionally the judicial protection to fully guarantee human rights as recognized by the Constitution (Mexico);
6. Continue and strengthen efforts to bring the national legislation, in particular the Criminal Code, into line with ratified instruments (Ukraine);
7. Commit itself to enacting legislation referred to in its national report (A/HRC/WG.6/5 /CHL/1) to strengthen human rights protection in the country, including the reform of the system of elections, the establishment of a national human rights institution (NHRI) and various pieces of legislation on gender equality (New Zealand);
8. Ensure full compliance with all obligations assumed under the International Covenant on Civil and Political Rights as well as under all other international human rights treaties to which it is a Party and revise domestic legislation that may still be incompatible with these obligations (Germany);
9. Maintain its commitment and continue the actions undertaken to consolidate the democratic system based on the protection of its citizens’ civil and political rights and the search for truth, justice and reparation in relation to the grievances of the past (Lebanon);
10. Accelerate the reform (Nicaragua) to establish a NHRI in accordance with the Paris Principles (Uzbekistan, Morocco, Bangladesh) promptly (Peru) through expeditious efforts (Malaysia) and through the legislative process (Pakistan);
11. Ensure speedy passage of the bills on the establishment of a NHRI and Office of the Ombudsman (Spain, Nigeria, Pakistan, Ghana);
12. Continue efforts in modernizing the justice system (Syrian Arab Republic);
13. Provide the judiciary with all resources and support necessary so that the 338 pending criminal cases may be resolved (Colombia);
14. Establish an effective National Preventative Mechanism within the one year deadline established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT-OP) and hold early civil society consultations on the sort of mechanism that would be most appropriate (United Kingdom);
15. Elaborate a national human rights plan (Ghana) and approve it early (Peru);
16. Take proper legal and administrative measures and adopt the national plan of action to ensure full observance of rights of indigenous peoples (Uzbekistan);
17. Strengthen and boost the experience it already has in reforming the educational system by promoting a human rights culture through its integration into school curriculums, particularly in rural areas (Morocco);
18. Continue to strengthen its measures and mechanisms to overcome the challenges related to the protection of the rights of vulnerable groups, including indigenous peoples (Viet Nam) and indigenous women (Bolivia);
19. Take further steps to address discrimination against women and people belonging to vulnerable groups including children, minorities and indigenous people (United Kingdom) and intensify efforts for the full respect of their rights and their protection from discriminatory practices (Italy);
20. Increase efforts to ensure implementation of legislation guaranteeing the principles of non-discrimination and adopting a comprehensive strategy to eliminate all forms of discrimination, particularly gender-based (Ukraine); review and if necessary modify the legislation to ensure the right of every person not to be discriminated against and in particular for the elimination of any form of discrimination against women (Mexico);
21. Continue with the legal or administrative measures they deem appropriate to ensure equality between men and women in all aspects (Guatemala);
22. Improve the situation of women and enforce specific legislation regarding violence against women and ensuring their sexual and reproductive rights (Spain);
23. Adopt and implement effective laws to prevent, suppress and eliminate discrimination against women and to combat domestic violence (Switzerland); strengthen its measures (Azerbaijan); make further efforts and set specific targets to decrease the number of incidents, in particular through mechanisms and institutions protecting women from domestic violence (Norway); enact necessary legislation and ensure its effective enforcement to provide all requisite protection (Pakistan) and circulate it to the general public; register and investigate promptly all cases (Czech Republic);
24. Work with relevant NGOs to create programmes to educate law enforcement officials, judges etc. on domestic violence as a serious issue that should be remedied through the legal system and not kept hidden in the domestic sphere (United States);
25. Make further efforts to develop and implement appropriate legislative and administrative measures to provide equal employment opportunities for men and women and to address the issue of the wage gap (Japan); reduce underrepresentation of women, including in the labour market (Azerbaijan); take effective measures to eliminate the many obstacles that prevent women from entering the labour market, include in legislation the principle of equal pay for equal work and the requirement that this principle be scrupulously observed by employers (Algeria); enact legislation and ensure its effective enforcement to provide for women’s right to equal remuneration and their enhanced participation in public decision-making (Pakistan);
26. Continue and deepen the Second Plan on Equal Opportunities for Men and Women and the Government's Agenda for Gender Equality so as to totally eliminate discrimination against women at work, in decision-making positions, in the management of the marital partnership (regimen patrimonial de sociedad conyugal) and in society as a whole (Uruguay);
27. Strengthen measures to counter discriminatory attitudes in society, including through public education and equality initiatives and legislative measures to prevent discrimination on the basis of sexual orientation and gender identity (New Zealand);
28. Prohibit by law, and include in equality programmes and policies, discrimination on the grounds of sexual orientation or gender identity (Sweden) and follow the Yogyakarta principles as a guide to assist policy development (Netherlands);
29. Review Article 373 of the Criminal Code so that it cannot be abused for persecution of persons belonging to sexual minorities (Czech Republic);
30. Consider total elimination of the death penalty from the normative system including all norms of the Military Justice Code that still provide for it in certain cases (Italy);
31. Continue its efforts to find ways to vindicate human rights of citizens, in particular of the families of the victims of disappearances (Paraguay);
32. Continue to give greater impetus to a policy to prevent, combat and eradicate torture, including improvement of the definition of torture in accordance with article 1 of CAT (Brazil);
33. Take appropriate measures to prevent torture and to ensure that all allegations of torture are properly and independently investigated, and ensure that the law adopted to define torture is in accordance with article 1 of the Convention against Torture (Uzbekistan);
34. Fully investigate the alleged cases of torture, ill-treatment and excessive use of force committed by police and security forces and bring the perpetrators to justice (Azerbaijan);
35. Continue to reform and upgrade its detention system in order to improve the situation of inmates (Norway);
36. Take further steps to fight human trafficking, including by enacting specific legislation (Azerbaijan) and through a comprehensive study on the causes and extent of trafficking in persons taking into account the origin, transit and destination countries (Malaysia);
37. Continue efforts to eliminate all obstacles standing in the way of justice (Argentina);
38. Amend the appropriate legislation in accordance with its international human rights obligations to address the issue of amnesties for perpetrators of human rights violations (Canada);
39. Consider reviewing the Amnesty Law put in place during the military regime (Italy);
40. Continue efforts to fight impunity and human rights violations, with particular attention to the rights of indigenous peoples (Brazil);
41. Pursue commitments to the promotion and protection of the universal values of human rights, especially through strengthening of the rule of law (Palestine);
42. Strengthen accountability for abuses by the police and ensure that civilian authorities investigate, prosecute and try human rights abuses by police (Netherlands);
43. Thoroughly investigate all forms of human rights violations particularly of those who were arrested in the course of police operations (Uzbekistan);
44. Continue to provide specific and practical human rights education and training to all prison officers and members of the Carabineros, Policia de Investigaciones and Gendarmeria, and ensure their full accountability for any violations of human rights as well as effective access to remedies for victims (Czech Republic);
45. Further expedite the investigation and trial of the cases of gross human rights violation cases committed during the past military dictatorship to ensure adequate compensation and reparations for the victims and their families (Bangladesh) and complete the ongoing compensation process so that as many victims as possible can benefit from the reparation measures (Ghana);
46. Review the provisions governing the operation of military courts in peacetime to comply with international standards (France) and approve a reform to the military code, allowing its judicial system to be in accordance with international human rights standards (Nicaragua);
47. Continue its efforts to review the competence of military justice when it comes to trying civilians and to reform the Code of Military Justice accordingly (Argentina);
48. Eliminate the application of military jurisdiction to civilians (Spain); review legislation to put an end to trials of civilians by military courts (Azerbaijan); adapt the military justice system to international standards so that it guarantees the right to a fair trial (Switzerland);
49. End jurisdiction of military courts over civilians and review all rules of criminal procedure so that they fully comply with international standards of fair trial, and provide full support for the bill aimed at ensuring this compliance (Czech Republic); ensure that the reforms of the jurisdiction of military tribunals provide that civilian cases are not heard by military tribunals, in accordance with international human rights standards (Canada, Switzerland);
50. Take all necessary steps to ensure that persons between the age of 14 and 18 are under all circumstances tried by a specialized juvenile justice system, that the best interests of the juvenile offenders are given the highest priority so they can successfully be reintegrated into society, and that deprivation of liberty of children is used only as a measure of last resort (Austria);
51. Reform the marital partnership (regimen patrimonial de sociedad conyugal) to ensure compliance with its acquired international obligations (Argentina);
52. Continue to adhere to the principles and values which make up the identity of the country to promote the right to life and the family (Holy See);
53. Appropriately fight and eradicate the worst forms of child labour (Uzbekistan) and further tackle the problem of street children and child labour, as well as discrimination against indigenous children (Azerbaijan);
54. Intensify its work to improve the situation of its indigenous population (Norway) and continue strengthening efforts in poverty alleviation, including through programmes for indigenous people (Malaysia);
55. Continue to increase budget allocations to the educational sector; focus on overall improvement in the quality of education provided, in particular in rural areas, and ensure expansion of the bilingual intercultural programme for indigenous peoples (Slovenia);
56. Further guarantee effective access to education for all children, especially those from indigenous communities, refugee children and children whose families live in rural areas or below the poverty line and take effective measures to fight against the factors behind their exclusion from the educational system (Algeria);
57. Complete the process of constitutional recognition of the indigenous populations with the adequate consultations mentioned in its presentation (Denmark);
58. Complete the process of recognition of the indigenous peoples in its Constitution, implement the recommendations of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and recognize their contribution to the Chilean identity as a people (Spain);
59. Introduce new legislation to further strengthen the rights of indigenous peoples (Austria);
60. Continue to provide adequate policy and institutional support to address the marked disparities in the socio-economic indicators between the indigenous and non-indigenous populations (Bangladesh);
61. Continue to give particular attention to indigenous peoples when implementing the poverty reduction and alleviation programmes and ensure that it works towards the elimination of any discriminatory measures applied to them (Algeria);
62. Consider promoting more effective participation by indigenous peoples in political decision-making (Bolivia); undertake appropriate electoral and
legislative reforms to enhance the scope for political representation of the indigenous people, particularly women (Bangladesh); and further ensure indigenous groups are able to express their views, have access to relevant political and decision-making processes and are provided with the support necessary to meaningfully engage on issues that affect them (New Zealand);
63. Promote a constructive dialogue between authorities and indigenous people and their organizations and the participation of indigenous people in the formulation and implementation of laws and programmes affecting their lives and provide resources to this end (Finland);
64. Continue and deepen respect for indigenous peoples, recognizing their cultural wealth and facilitating their participation in national and community issues, particularly issues of direct concern to them such as property and land use, to eliminate all discrimination against indigenous persons or indigenous communities (Uruguay);
65. Reinforce its efforts to recognize indigenous rights and effectively include them in Chile’s legal and administrative structure, and address land claims of indigenous peoples and communities through a process of effective dialogue and negotiation (Canada);
66. Take all necessary steps to complete the process of implementation of the Indigenous and Tribal Peoples Convention No. 169 (Denmark); continue efforts, in consultation with indigenous peoples, towards addressing the issue of the rights of indigenous peoples through the application of Convention No. 169 and the realization of the principles established in the United Nations Declaration on the Rights of Indigenous Peoples (Guatemala), particularly ensuring the participation of indigenous peoples in the political sphere and continuing with the process of transferring land duly demarcated and titled (Mexico);
67. Improve effective consultation with indigenous communities before granting licenses for the economic exploitation of disputed land (Denmark); intensify efforts to transfer land and to systematically consult with indigenous peoples before granting licences for economic exploitation (Austria); continue and strengthen efforts to find a solution that respects the land rights of indigenous groups and ensures legal protection of their human rights (Sweden);
68. Continue its efforts to solve the problems of indigenous peoples, in particular their land issues, and ensure that the Anti-Terrorism Act (Law 18.314) does not undermine their rights (Azerbaijan);
69. Not apply the Anti-Terrorism Act to acts related to the non-violent claims of indigenous peoples (Switzerland);
70. Take the necessary measures to prevent outlawing or penalizing legitimate and peaceful activities or social demands by indigenous organizations and peoples and reinforce the notion that the Anti-Terrorism Act is to be applied only within its scope and not to acts related to non-violent claims of indigenous peoples, taking into account the recommendations of the Human Rights Committee (Netherlands);
71. Approve its draft refugee law to ensure full realization of refugees’ rights, in particular protection of the principle of non-refoulement, and pay special attention to measures aimed at protecting vulnerable groups such as women at risk, victims of torture and unaccompanied children (Czech Republic).
97. The following recommendations will be examined by Chile, which will provide responses during the adoption of the outcome report by the Council at its twelfth session. The response of Chile to these recommendations will be included in the outcome report:
1. Ratify the International Convention against the Recruitment, Use, Financing and Training of Mercenaries (Uzbekistan);
2. Protect the rights of family being the natural and fundamental group of society based upon the stable relationship between a man and a woman, as enshrined in article 16 of the Universal Declaration of Human Rights (Bangladesh);
3. Fully investigate the alleged cases of arrest and deportation of journalists and filmmakers depicting the problems of the Mapuche people (Azerbaijan);
4. Review the anti-terrorist law and its application so that it cannot be abused for persecution of persons from indigenous communities, including the Mapuche, for their peaceful political or religious activity (Czech Republic).
98. The recommendations noted in the report in paragraphs 24(b), 37(a), above did not enjoy the support of Chile.
99. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and /or the State under review thereon. They should not be construed as endorsed by the Working Group as a whole.
III. VOLUNTARY COMMITMENTS OF THE STATE UNDER REVIEW
100. Chile is committed to elaborating a National Human Rights Action Plan which, in its methodology, provides for ample consultations with the civil society prior to its launching.
101. As announced in its statement, Chile has decided to extend an open invitation to all special procedures of the Human Rights Council.
Annex
COMPOSITION OF THE DELEGATION
The delegation of Chile was headed by Ministro Secretario General de la Presidencia José Antonio Viera-Gallo and was composed of 24 members:
Embajador Carlos Portales; Representante Permanente;
Embajador Juan Anibal Barria, Director de DDHH;
Ministro Consejero Alejandro Rogers;
Ministro Consejero Luciano Parodi;
Primer Secretario Ximena Verdugo;
Primer Secretario Rodrigo Donoso;
Segundo Secretario Osvaldo Alvarez;
Segundo Secretario Eduardo Chihuailaf;
Agregada Laboral Amira Esquivel;
Agregado Científico Fernando Muñoz;
Tercer Secretario Vicente Zeran;
Jefa División Defensa Social Ministerio de Justicia: Ana María Morales;
Comisionada Presidencial para Políticas de DDHH: María Luisa Sepúlveda;
Asesor Ministerio de Defensa: Sr. Helmutt Griott;
Secretaria Ejecutiva Programa DDHH Ministerio del Interior: Rosemarie Bornand;
Jefe Brigada de DDHH Investigaciones de Chile: José Luis Cabión;
Mayor Carabineros: Heriberto Navarro;
Asesor Ministerio SEGPRES: Marco Opazo;
Director de CONADI: Álvaro Marifil;
Jefa Depto. Extranjería e Inmigración: Carmen Gloria Daneri;
Asesor Comisión Presidencial para políticas de DDHH: Alejandro Salinas;
Experto de MIDEPLAN : Sr. Luis Díaz;
Abogada Unidad de Relaciones Internacionales de SERNAM: Claudia Tellez;
Asesor del Ministro del Interior: Luciano Fouilloux.
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