A/HRC/12/50
406. Congress had recently approved the establishment of a national human rights
institution. The corresponding bill also provided for the reinstatement of the national truth
and reconciliation commission and the national commission on political imprisonment and
torture, for a period of six months.
407. In order to promote the effective implementation of the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, a workshop had been held in August 2009, with a view to identify the best
alternatives for the creation of a national mechanism for the effective prevention of torture.
408. Chile announced that a legal procedure would be initiated to amend article 150A of
the criminal procedure code, to adjust the definition of the crime of torture to the terms
contained in the Convention against Torture. A bill would be submitted to restrict the
competence of military courts and reform the military justice code in accordance with
international human rights standards.
409. Chile stated that the Government was working on a national human rights plan in
order to mainstream the promotion and protection of human rights.
410. ILO Convention No. 169 had entered into force in September 2009, and actions
aimed at implementing its provisions had been initiated. The procedure to regulate the
consultation and participation of indigenous peoples on issues affecting them directly was
being finalized.
411. With regard to the recommendations still under consideration, Chile reported that, as
far as the domestic legal order in Chile was concerned, the Constitution and civil laws
explicitly identified the family as the core unit of society. This recognition implied the
protection of all types of families existing in Chile, whether single parental, expanded,
recomposed or nuclear.
412. Chile also considered that the National Prosecutor’s Office policy strictly abided by
the principle of legality. Thus, exhaustive criminal investigations were carried out under the
control of supervisory judges. Likewise, freedom of expression was protected by the
Constitution, and reporters and film makers enjoyed maximum freedom in the exercise of
their respective professions.
413. Chile explained that the anti-terrorist law was meant to punish grave criminal
offences causing public disturbance, and in no way applied to particular categories of
individuals or social groups. It reported that democratic governments had not applied the
anti-terrorist law to social demands or claims of the indigenous populations. During the
period 1999–2009, this special law was invoked in only 16 cases, several of which related
to accused persons who did not pertain to any indigenous community. Chile added that, in
the past four years, the law had been applied to individuals of indigenous origin with regard
to conduct of the afore-mentioned nature in only two cases.
2.
Views expressed by Member and observer States of the Council on the review
outcome
414. Algeria expressed appreciation for Chile’s acceptance of the majority of the
recommendations made during the presentation of its national report. It commended Chile
for its commitment to the elimination of discrimination against women and the measures
taken to eliminate obstacles that prevent them from having access to the labour market.
Algeria welcomed Chile’s acceptance of its recommendation to include in its legislation the
principle of equal pay for equal work. It was encouraged by Chile’s readiness to guarantee
access to education for all children, especially those from marginalized communities, such
as refugee children and children whose families live in rural areas or below the poverty
line.
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