A/HRC/32/36/Add.1 91. Article 20 of Act No. 19253 establishes an indigenous land and water fund, administered by CONADI, which is tasked with considering land claims by indigenous individuals or indigenous communities. In order to make a claim, an indigenous community must be recognized as a legal entity, as provided for under article 10 of Act No. 19523. Consequently, indigenous people’s traditional institutions, such as the Lof or Aillu in the case of the Mapuche and the Aymara, respectively, cannot submit claims to CONADI as they were not created in accordance with Act No. 19523 nor are they registered as legal entities pursuant to the Act. 92. The Special Rapporteur calls upon the Government to rectify this situation without delay. This situation is all the more troubling as the ILO Indigenous and Tribal Peoples Convention (No. 169), which Chile ratified, acknowledges the existence of indigenous traditional institutions and requires that States parties to the Convention recognize them. B. Trade unions 93. Chile’s labour legislation is another remnant of the dictatorship era and has, on several occasions, been criticized by ILO.32 94. Of particular concern is the fact that the Constitution does not recognize the right to strike for State and municipal employees nor for workers in private-sector enterprises that provide public utility services or other services, the interruption of which would seriously endanger health, supplies to the population, the national economy or national security (art. 19 (16)). This is reaffirmed in article 384 of the Labour Code. Moreover, if a strike is deemed to cause a serious risk to health, the supply of goods or services to the population, the national economy or national security, owing to its nature, timing or duration, the President of the Republic may order the resumption of work (art. 385). The Labour Code also requires an absolute majority of workers in a company to decide to go on strike (arts. 372-373). In addition, while containing a general ban on the replacement of striking workers, article 381 of the Labour Code provides for exceptions to the rule under certain conditions. The Constitution also denies the right to collective bargaining for public-sector workers (art. 16) and prohibits trade union officials from becoming active members in a political party (art. 23). 95. The Special Rapporteur welcomes the fact that, since 2015, the Government of Chile has embarked on a process to reform its labour legislation, in consultation with social partners, including the Chilean Trade Union Federation (CUT). A bill was drafted that addresses some of the most pressing issues, including effectively guaranteeing the rights to strike and collective bargaining, banning the replacement of striking workers and introducing a gender clause that makes the presence of at least of one woman on the union negotiating team compulsory. 96. While noting these improvements with satisfaction, the Special Rapporteur regrets that the bill fails to address the right of public-sector workers to form trade unions. Moreover, it broadens the category of workers prohibited from striking, banning strike action by those performing “minimum services”. International standards state that only workers providing “essential services” may face restrictions to their right to strike. According to ILO, “essential services” are those “the interruption of which would endanger 32 18 See ILO Committee of Experts on the Application of Conventions and Recommendations, Observation concerning the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) in respect of Chile (2010). Available at www.ilo.org/dyn/normlex/en/ f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:2314910.