A/HRC/12/50 406. Congress had recently approved the establishment of a national human rights institution. The corresponding bill also provided for the reinstatement of the national truth and reconciliation commission and the national commission on political imprisonment and torture, for a period of six months. 407. In order to promote the effective implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, a workshop had been held in August 2009, with a view to identify the best alternatives for the creation of a national mechanism for the effective prevention of torture. 408. Chile announced that a legal procedure would be initiated to amend article 150A of the criminal procedure code, to adjust the definition of the crime of torture to the terms contained in the Convention against Torture. A bill would be submitted to restrict the competence of military courts and reform the military justice code in accordance with international human rights standards. 409. Chile stated that the Government was working on a national human rights plan in order to mainstream the promotion and protection of human rights. 410. ILO Convention No. 169 had entered into force in September 2009, and actions aimed at implementing its provisions had been initiated. The procedure to regulate the consultation and participation of indigenous peoples on issues affecting them directly was being finalized. 411. With regard to the recommendations still under consideration, Chile reported that, as far as the domestic legal order in Chile was concerned, the Constitution and civil laws explicitly identified the family as the core unit of society. This recognition implied the protection of all types of families existing in Chile, whether single parental, expanded, recomposed or nuclear. 412. Chile also considered that the National Prosecutor’s Office policy strictly abided by the principle of legality. Thus, exhaustive criminal investigations were carried out under the control of supervisory judges. Likewise, freedom of expression was protected by the Constitution, and reporters and film makers enjoyed maximum freedom in the exercise of their respective professions. 413. Chile explained that the anti-terrorist law was meant to punish grave criminal offences causing public disturbance, and in no way applied to particular categories of individuals or social groups. It reported that democratic governments had not applied the anti-terrorist law to social demands or claims of the indigenous populations. During the period 1999–2009, this special law was invoked in only 16 cases, several of which related to accused persons who did not pertain to any indigenous community. Chile added that, in the past four years, the law had been applied to individuals of indigenous origin with regard to conduct of the afore-mentioned nature in only two cases. 2. Views expressed by Member and observer States of the Council on the review outcome 414. Algeria expressed appreciation for Chile’s acceptance of the majority of the recommendations made during the presentation of its national report. It commended Chile for its commitment to the elimination of discrimination against women and the measures taken to eliminate obstacles that prevent them from having access to the labour market. Algeria welcomed Chile’s acceptance of its recommendation to include in its legislation the principle of equal pay for equal work. It was encouraged by Chile’s readiness to guarantee access to education for all children, especially those from marginalized communities, such as refugee children and children whose families live in rural areas or below the poverty line. 124

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