A/HRC/32/36/Add.1 III. Freedom of association A. Associations 86. The Constitution of Chile guarantees the right to associate without authorization (art. 19 (15)). Act No. 20500 on Associations and Citizen Participation in Public Administration further guarantees the right of everyone to associate freely, under the condition that the association does not pursue an aim that is contrary to morals, public order or national security (art. 1). To acquire legal personality, an association must register at the municipality level and provide general information, such as the name and address of the association, its purpose and its statutes. Associations can, however, operate without legal personality.29 87. Prior to the adoption of Act No. 20500, the registration of associations was a prerogative of the Ministry of Justice and the procedure was deemed burdensome. The Special Rapporteur notes with satisfaction that the current procedure is uncomplicated and free of charge. However, it may take up to two months for an association to be registered, depending on the municipality in which the application is made, whereas the procedure to create a business company is reportedly lighter and faster. In January 2016, the President of Chile announced that Act No. 20500 would be amended with a view to strengthening it and making it effective at the local level. 30 The Special Rapporteur hopes that this reform will be an opportunity to provide guidance to authorities at the local level in charge of registering associations with a view to expediting the process. 88. The Special Rapporteur also notes with satisfaction that there are no legal barriers for associations to receive domestic or foreign funding. However, many civil society interlocutors complained that there are very few opportunities to obtain funding. The Special Rapporteur encourages the Government to enhance its support and resources to civil society, especially critical accountability organizations. 89. It is clear that the Government places a high value on the contributions of the private sector to the economy and public policy. However, it is not so obvious that it values that of civil society associations, including trade unions, to a similar extent. The Special Rapporteur calls upon the Government to facilitate an enabling environment for civil society similar to that accorded to businesses, for example by considering their views and opinions on public policy, as it does when it comes to the views of businesses and experts. In this regard, the Special Rapporteur is encouraged by the establishment of the National Council on Citizen Participation and Strengthening of Civil Society, which seeks to “effectively include citizens and the enormous diversity of citizen organizations in public life”.31 90. Another issue of concern to the Special Rapporteur is the fact that under Act No. 19253 on the Protection, Promotion and Development of Indigenous Peoples and its regulation, land restitution claims by indigenous peoples are restricted to indigenous communities or to indigenous individuals. However, indigenous leaders expressed concerns, which the Special Rapporteur shares, that this legal requisite favours forms of associations for reclaiming land that erode their traditional structures and organizations, which are generally based on larger territories than those of communities or family relations. 29 30 31 See Civil Code of Chile, title 33, arts. 545-548. See Government of Chile press release, available at www.gob.cl/2016/01/14/president-presentsnational-council-on-citizen-participation-and-strengthening-of-civil-society/. Ibid. 17