A/HRC/32/36/Add.1
Cases of sexual harassment
49.
During his visit, the Special Rapporteur was alerted to a number of cases involving
allegations of sexual harassment against female students and Mapuche demonstrators
detained during protests.
50.
In a number of instances, women apprehended by the police in the context of
protests were beaten on their private parts or ordered while in detention to strip naked and
perform degrading physical exercises in front of officers. For instance, a 22-year-old female
Mapuche demonstrator was arrested during a protest in front of the Governor’s building in
Temuco and taken to a police station where she was beaten and forced to undress in front of
officers. Some victims filed complaints and the cases were brought before the military
court; however, they were dismissed as the perpetrators could not be identified. In other
cases, the Public Prosecutor allegedly did not have enough evidence to initiate court
proceedings.
51.
The Special Rapporteur was also informed by civil society that a number of cases of
sexual harassment are not reported because the victims feel ashamed, because impunity for
the perpetrators prevails, or simply because women are unaware that abusive body
searches, derogatory comments or threats of sexual violence constitute sexual harassment.
It is also likely that the culture of impunity regarding sexual harassment leads some women
to accept that such acts constitute a natural consequence of their participation in protests.
52.
The Special Rapporteur finds these claims deeply troubling. He raised these
concerns with the General Director of the Carabineros, who, at the time of the visit, was
only aware of one case of sexual harassment in which a police officer was subsequently
sanctioned. The General Director also mentioned that female police officers have been
trained to deal with female protestors on the front line. The Special Rapporteur notes that,
in response to the claims of sexual harassment and abuse, the Chilean authorities allow
INDH representatives to monitor detention facilities. He looks forward to resolute action to
hold all perpetrators accountable.
53.
Regrettably, the Special Rapporteur received disconcerting allegations of sexual
harassment after his visit. On 11 March 2016, a group of peaceful protestors demonstrating
in the vicinity of the presidential palace against recent instances of femicide in the country
was dispersed by the police who reportedly used excessive force. Female protestors were
beaten and insulted by police officers and nine of them were taken to a police station. It is
reported that police officers sexually assaulted some of the detainees and touched their
private parts. INDH wrote to the General Director of the Carabineros with regard to this
case.
54.
The Special Rapporteur is appalled by these latest allegations. He urges the police to
shed light on this case and to investigate and prosecute the alleged perpetrators, and, more
generally, to combat all acts of sexual harassment against female protestors and sanction
perpetrators appropriately.
Situation of indigenous peoples
55.
The Special Rapporteur travelled to Temuco, in the Araucanía Region, to look into
the particular challenges faced by the indigenous Mapuche community in exercising their
right to freedom of peaceful assembly. He met with Mapuche representatives from different
communities, farmers and local authorities. Assembly rights are mainly exercised by the
Mapuche in the context of land disputes with farmers. These demonstrations take place in a
very tense and volatile environment, as the issue of indigenous land rights is a complex,
emotional topic that stretches back more than 200 years.
11
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