A/HRC/32/36/Add.1
102. The rights to freedom of peaceful assembly and of association are generally
protected in Chile. Chileans exercise these rights routinely and vibrantly. However,
there are areas for improvement, as in any country. It is important for Chile to
address the remaining challenges, both for the consolidation of its own democracy and
in order to take its rightful place as a global leader in human rights.
103. Chile’s most significant challenge lies in the fact that some vestiges of
dictatorship remain. The transition has been gradual and not a radical break with the
past, leaving remnants of yesteryear that have no place in the Chile of today. A central
feature of the dictatorship era was the severe restriction of rights emanating from the
securitization of the State. As a consequence, there is an urgent need for today’s police
to change their mindset with regard to assemblies and protests. Under international
law, this role is clear: they are there to facilitate and protect peaceful assemblies and
protests.
104. This situation represents a significant — yet certainly surmountable — obstacle
to the unhindered exercise of the rights to freedom of peaceful assembly and of
association and weakens their effectiveness as a tool to peacefully address social
conflict, precisely at a time when Chile needs them most. A democratic dispensation
elevates and preserves rights and makes limitations the exception. It also fully
embraces and encourages a plurality of voices from civil society whose contribution to
the consolidation of democracy cannot be stressed enough.
105. The following recommendations are made bearing in mind where Chile has
come from, but also where it is capable of going. The Special Rapporteur is confident
that the country has the capacity, political will and maturity to see this transition
through. In this regard, the Special Rapporteur stands ready to provide any technical
assistance to the Government when deemed necessary.
B.
Recommendations
106.
The Special Rapporteur calls on the competent authorities to:
(a)
Repeal Supreme Decree No. 1086;
(b)
Adopt new legislation that facilitates and protects the exercise of the
right to freedom of peaceful assembly and that requires, at most, prior notification of
peaceful assemblies, with the exception of spontaneous assemblies;
(c)
Amend the police protocols with a view to ensuring their compatibility
with international human rights norms and standards, including the joint report of
the Special Rapporteur and the Special Rapporteur on extrajudicial, summary or
arbitrary executions on the proper management of assemblies (A/HRC/31/66);
(d)
Provide clear practical guidance to police officers on how to implement
the revised police protocols and monitor their implementation;
(e)
Ensure that police officers apply non-violent means before resorting to
force and, when force is unavoidable, they should exercise restraint in proportion to
the seriousness of the offence and to objectives pursued with due respect to human
lives;
(f)
Also ensure that police officers distinguish at all times between peaceful
and non-peaceful protesters, extract the non-peaceful protesters from the protests and
prosecute them in conformity with the rule of law;
(g)
Further ensure that all allegations of excessive use of force and sexual
harassment against female and male protestors by security forces are promptly,
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