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 127

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