A/HRC/12/10
Page 12
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
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