A/HRC/12/50
of hectares taken from the Mapuche, only 140,000 had been returned. The Government did
not acknowledge Mapuche identity, social organization or authorities.
426. Comisión Jurídica para el Autodesarrollo de los Pueblos Originarios Andinos
referred to recommendation 36 requesting Chile to take further steps to fight human
trafficking, taking into account the countries of origin. It explained, that under a treaty of
1883, the provinces of Tacna and Arica remained under the Government pending a
plebiscite, which never held. Instead, Tacna became Peruvian territory and Arica, Chilean
territory in 1929. Thousands of Peruvians, victims of trafficking for labour purposes,
illegally reside in Chile and were exposed to violence and did not enjoy any protection. It
requested support from the State to study the causes for the above, given the fact that the
Acha prison held many Peruvians arrested at the border. Statistics also reflected a high
degree of sexual trafficking at the border.
427. The Organization for Defending Victims of Violence stated that Chile’s ratification
of several international human rights instruments, and the investigation and follow-up to
grave human rights violations in the past, showed its determination to promote human
rights in the country. Addressing human rights shortfalls mentioned in the report, such as
the rights of indigenous peoples, particularly in the area of land ownership, and the lack of
a national human rights institution based on the Paris Principles would strengthen the
human rights situation in Chile. Real signs of improvement had been seen in the conditions
of indigenous peoples, victims of violence and past abuses, and the institutional promotion
of human rights in the country.
428. The Indian Council of South America commended Chile for its support for the
Declaration on the Rights of Indigenous Peoples, which recognized, inter alia, treaty rights.
It cited reports by Mapuche representatives that the historical treaties signed with Spain and
Chile were the root of conflict, leading to detention and imprisonment, even when claims
were raised in a non-violent manner. Referring to paragraph 47 of the report, where Chile
stated that its anti-terrorist laws could not be applied because of ethnic, religious or political
considerations, it noted reports of indigenous peoples in prison dating back to the Pinochet
regime, and supported paragraphs 68, 69 and 70, which called for Chile to solve the
problems of indigenous peoples and to ensure that the anti-terrorism act did not undermine
their rights, especially those related to their non-violent claims. It called upon Chile to
review its treatment of indigenous peoples.
429. The International Commission of Jurists recalled the recommendations made
regarding the need to review legislation related to military justice, which presented serious
incompatibilities with international standards. Chile should study the enactment of a new
military justice code that excludes the jurisdiction of military tribunals over civilians.
Reforms should ensure that military tribunals meet the requirements of independence and
impartiality stipulated by article 14 of the International Covenant on Civil and Political
Rights. Military jurisdiction also requires that judges are officials in active service, subject
to hierarchical subordination and due obedience. The Commission expressed concern over
the existence of personal jurisdiction for members of the armed forces, as this privilege was
linked to the military nature of the offender or the victim, not to the offence. It urged the
Council to include these recommendations and to supervise their implementation along
with the other recommendations accepted.
430. Conscience and Peace Tax International commented on paragraph 53 of the report,
noting that, while it was commendable that relatives of victims of past human rights
violations were exempt from military service, this was not a question of conscientious
objection. It noted that Chile had been able to meet its military service needs with
volunteers, but all young men were registered for military service, and the law permitted
the military to select them for obligatory service without any recognition of conscientious
objectors. The refusal of illegal orders was also an obligation, not a matter of conscientious
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