A/HRC/12/50
421. Amnesty International welcomed the ratification of the Rome Statute and the
approval by Congress of the creation of a national human rights institution. It called on
Chile to ensure the institution’s independence in its powers and functions. It also reiterated
its call for Chile to nullify the 1978 amnesty law. Welcoming Chile’s support of the
recommendations relating to the human rights of indigenous peoples, it reiterated concerns
that in view of recent violent incidents, the anti-terrorism law may be applied in a
discriminatory manner. It regretted that Chile had not supported recommendations to bring
its abortion law into line with its human rights obligations and to review its legislation
criminalizing the termination of pregnancies in all circumstances. It called for Chile to
reconsider these recommendations.
422. France Libertés: Fondation Danielle Mitterrand noted that the criminalization of
demonstrations by the Mapuche constituted an abuse, illustrated by the implementation of
the anti-terrorist law and the expulsion of journalists reporting on the conflict between
Mapuche communities and the Government. Despite a land restitution policy, lands were
threatened by major hydroelectric, mining and forestry projects; the access of the Mapuche
to resources, including water, has thus been compromised. The application of the antiterrorist law lead to a loss of guarantees to a fair trial, maintained much of the investigation
secret, imposed preventive imprisonment and applied harsher sentences to the ones the
criminal code would apply in similar circumstances. It called on the Council to ensure that
Chile no longer criminalized the demands of indigenous communities and that it guaranteed
conditions for dialogue.
423. The Society for Threatened Peoples noted that Chile defined itself as a united
country, thus not recognizing the existence and singularities of peoples such as the
Mapuche. Contrary to Slovenia’s recommendations on the implementation of bilingual
intercultural programmes, Chile persisted in promoting cultural uniformity based on a
European ethnocentric vision. The constitutional reform bill currently considered by
parliament had not been discussed with indigenous peoples. Chile also denied the Mapuche
their rights to their ancestral lands. Indigenous peoples were rarely consulted on matters
that concerned them, whether they were development projects or infrastructure. In Arauco,
620 projects had not been concluded for lack of funding. Chile has voted in favour of the
Declaration on the Rights of Indigenous Peoples, but criminalized Mapuche leaders who
promote respect for free determination, autonomy and self-government.
424. Conectas Direitos Humanos welcomed the recommendations made to Chile during
its review, drawing attention to the difficulties that Chile had shown in implementing
recommendations made by other human rights instruments. The judicial power and
Congress resisted incorporating international human rights standards into their work.
Despite the authorities’ agreement to create a body representing the three political powers
and non-governmental organizations to follow up on the recommendations of the review,
the proposal had not come into effect yet. It called on the Government to convene public
authorities and non-governmental organizations to create such a follow-up mechanism.
425. The International Association against Torture stated that, with regard to
recommendations requesting the investigation of alleged cases of torture and to bring
perpetrators to justice, it was common for raids of Mapuche communities to be carried out
without a legal warrant and with threats by the police. The police continued to inflict cruel,
inhuman and degrading treatment on detainees, and peaceful protests were continuously
repressed. Recalling that, in the past six years, six Mapuches had been murdered by the
police and that the identified perpetrators had not been convicted, it highlighted the Czech
Republic’s recommendation to provide human rights education and practices to security
officers, including the Gendarmería. Noting that Algeria had recommended poverty
alleviation programmes, it stated that development projects lacked funding. Of the millions
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