A/HRC/12/10
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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.
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