A/HRC/32/36/Add.1
I. Introduction
1.
Pursuant to Human Rights Council resolution 24/5, the Special Rapporteur on the
rights to freedom of peaceful assembly and of association, Maina Kiai, conducted an
official visit to Chile from 21 to 30 September 2015, at the invitation of the Government.
The purpose of the visit was to carry out an in-depth assessment of the situation relating to
the freedoms of peaceful assembly and of association in the country.
2.
The Special Rapporteur would like to thank the Government of Chile for its
exemplary cooperation in organizing this visit — his first to the Americas — particularly in
the light of the earthquake that struck Chile on 16 September 2015. This demonstrates the
Government’s willingness to engage in a constructive dialogue on issues pertaining to the
mandate. He also commends the Government for extending a standing invitation to all
special procedures mandate holders and for having accommodated the visits of four special
procedures mandate holders since July 2013.
3.
During his visit, the Special Rapporteur travelled to Santiago, Valparaiso, Temuco
and Copiapo. He had fruitful exchanges with the President of Chile, the Minister of Justice,
the Minister of Defence, the Minister Secretary-General of the Presidency, representatives
of the Ministries of Foreign Affairs, the Interior and Public Security, Education, and Labour
and Social Security, as well as with the Public Prosecutor, the General Director of the
Carabineros de Chile (the national police), the General Director of the Investigations Police
of Chile, the President of the Supreme Court, the Vice-President and representatives of the
Senate, representatives of the Chamber of Deputies, and the Chairs and representatives of
the Commission for the Constitution, Legislation and Justice, and the Commission for
Human Rights and Indigenous peoples of the Senate and the Chamber of Deputies
respectively. He had similar exchanges with local authorities in Temuco and Copiapo.
4.
The Special Rapporteur also met with the Director of the National Institute for
Human Rights (Instituto Nacional de Derechos Humanos) (INDH) and her team, whose
assistance in the framework of this visit and expertise on issues pertaining to the mandate
was greatly appreciated.
5.
In addition, the Special Rapporteur met with brave and committed human rights
activists, including members of civil society organizations, Mapuche leaders, student
leaders and members of trade unions who are engaged in critically important work to
strengthen democracy and human rights in Chile. He also met with farmers and truck
owners in Temuco.
6.
Finally, the Special Rapporteur met with representatives of the diplomatic
community and the United Nations country team.
A.
Historical and political background
7.
From 1973 to 1990, Chile was ruled by the military dictatorship of Augusto
Pinochet — an era marked by brutal State-sponsored atrocities. During that period, over
30,000 individuals were killed, forcibly disappeared, imprisoned and/or tortured. The
Special Rapporteur pays tribute to all the victims and their loved ones who lived through
this ordeal. During his trip, he visited the Museum of Memory and Human Rights and was
deeply moved and humbled by the heroism of the people of Chile during this dark chapter
of the country’s history.
8.
The Special Rapporteur commends Chile for the enormous strides it has made since
its return to democracy 25 years ago. The country epitomizes the “democracy dividend” —
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