for the third time since that was institu been the Universal periodic review (UPR), on January 22, passed the State of Chile was the subject of evaluation in the fulfilment of its obligations under international treaties and the voluntary commitments undertaken in the field of human rights the Human Rights Council and UN Member States. The period in analyses in this UPR understood since the last examination of Chile regarding the 2014, the date, including therefore not only the period of Government of President Piñera, but also three years of former President Bachelet, current High Commissioner of N United for human rights organizations.
The test took place at the Palais des Nations in Geneva and with the attendance of representatives of organizations of civil society, migrants, the Mapuche and aymara, among others, but also of the National Institute of human rights, and the delegation of the State of Chile, made up of representatives of the three powers, and chaired by the Secretariat for human rights, Lorena Recabarren.
On occasion intervened 101 States, whose representatives made estimations, expressed concerns and made a total of 266 recommendations to Chile concerning the fulfilment of their obligations in the field of human rights.
In terms of ratings is the identification of the progress made by Chile since its last examination on the subject, such as the creation of the Secretariat for human rights, the elaboration of the National Plan for human rights and progress in the creation of the national mechanism for the prevention against torture. Most of the involved States, however, expressed concern over the backlog Chile in the matter as a result of its delay in the ratification of international treaties, such as the Optional Protocol to the International Covenant of rights Economic, social and cultural (OP DESC) and of the Optional Protocol to the Convention on the Elimination of all forms of discrimination against women (OP-CEDAW). Along with this many States identified as to-do the adequacy of the internal normative framework of human rights to the guidelines of international treaties and voluntary commitments signed by Chile, as well as the impulse to a public that will ensure the effective observance of equal rights in the country.
The themes that emerged more forcefully in the recommendations made to the State in the report prepared by the Working Group of the UPR of Chile and adopted January 25, including those concerning the rights of indigenous peoples (43 recommendations), to the rights of women (34 recommendations), to the rights of children (28 recommendations), trafficking in persons and the protection of human rights against abusive act of police forces (19 recommendations) and the rights of migrants (17 recommendations). Other subjects that focused recommendations made to Chile within the framework of the UPR included the ratification by the State of international treaties (17 recommendations), those relating to sexual and reproductive rights of women and the decriminalization of abortion (10 recommendations), to the investigation and punishment of the crimes of the dictatorship (8 recommendations), the rights of persons with disabilities (7 recommendations), to the protection and prevention of torture and overcrowding in prisons (7 recommendations), to the protection of human rights in the context of the activity of companies (7 recommendations) and the rights of people people of African descent (5 recommendations), and to the rights of sexual diversity (4 recommendations).
Attention important concern which, judging by the high number of recommendations, was manifested by the States involved in the UPR related to the situation of the rights of indigenous peoples in the country. Among the recommendations made to Chile in relation to indigenous peoples stressed the need that is granted to a constitutional recognition of their rights, which ensure their adequate participation in the institutions of the State as well as the prior consultation against measures that affect them, put end to the criminalization of its members, the discriminatory use of anti-terrorism legislation and the abusive use of the law enforcement forces against, and to ensure the restitution of their lands and the access and exercise to the economic, social and cultural rights by the indigenous population.
Related to this, attention the concern expressed by States, possibly in knowledge of the recent killing of Camilo Catrillanca at the hands of police, by the excessive use of police force and its impact on human rights, in particular on the human rights of defenders of human rights, including members of indigenous peoples, women, adolescent students and children. The recommendations in this area concentrated on the investigation and punishment of excessive use of police force resulting in the violation of human rights, measures of police human rights training, and the development of protocols to prevent these abusive practices.
Similarly, the recommendations urged the State to put an end to the different manifestations of persistent discrimination against women, the eradication of violence against, to promote their participation in political life, to the decriminalisation of abortion in all cases. In the case of children recommended the adoption of measures to ensure respect for and protection of children, especially one that is under care of State institutions, as well as the investigation of abuses committed in the case of children in r being of SENAME.
In the case of migrants, recommended the adoption of measures that allow their access to housing, education, health and employment, as well as in general the protection of their rights in accordance with international law, the adoption of legislative and policy measures to prevent discrimination against, as well as those aimed to put an end to trafficking in persons and the protection of refugees. As for people of African descent Chilean, that first emerge as a concern in the UPR of Chile, the recommendations focused on urging the State to face, through affirmative action, racial discrimination, and its inclusion as a category specific census of 2022.
The delegation of the Chilean State intervened in the framework of the UPR, expressing their «unconditional commitment» to human rights, and recognizing the challenges that the country has in the matter. Beyond the rhetoric and announcements of public legislative and policy initiatives, the intervention of the Chilean delegation not took over gaps that you were represented by the intervening States substantially. Example of this was the allusion that made the National Plan for human rights, so far not implemented, to take on the challenges that the country has in this matter. In the same way reference was made to the Araucanía Plan as policy conducive to the recognition of rights of indigenous peoples and the draft law on migration as an initiative according to international standards. It should be noted that many of the gaps in the field had been represented him to the State within the framework of the UPR in over 60 alternative reports sent to the UPR of Chile from organizations of civil society, indigenous peoples and migrants, in the submitted report the UPR for the NHDRS, as well as the compilation made reached the UPR containing the observations and recommendations of bodies of Treaty of the UN and the special procedures for the examined period.
At the conclusion of the UPR session of 25 January in Geneva, Ambassador of Chile to the United Nations, Mr. Juan Eguiguren, pointed out that the Government discuss recommendations prior to their acceptance until the next session of the Council of human rights of June, occasion in which this session of the UPR reports should be approved. This in contrast to the attitude taken by the representative of Uruguay, which was also subject to examination at the same meeting, State who who immediately accepted all of the recommendations that were made you as part of the UPR.
Let us hope that, consistent with the «unconditional commitment» to human rights manifested by the representatives of the Chilean State in Geneva, the Government accepts all of the recommendations that were made him by the international community in the framework of the UPR. Next to it, it is expected the Executive with the legislature and the judiciary engage in the effective implementation of those recommendations. It is a task in which to defenders of human rights is a fundamental task, task far from be placated and criminalized, as States members of the United Nations observed in the UPR has occurred in Chile in recent years is respected and encouraged by the State.