Chile - Universal Periodic Review

UPR 32, January 22, 2019
Recommendations by Canada

Recommendations

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Thank you, Mr. President.

Canada welcomes Chile’s commitment to multilateral human rights mechanisms and its efforts to foster respect for international human rights. Canada commends Chile for its National Human Rights Plan for 2018-2021, and emphasizes the need for continued progress in the fight against impunity for past human rights violations.

Canada recommends that Chile:

1. Ensure women may live a life free of violence, including in digital contexts, through appropriate legislation, preventative measures, education and adequate resources, including services for survivors.
2. Advance the process for Constitutional recognition of Indigenous peoples in Chile and enhance participation of and prior consultation with Indigenous peoples on public policies affecting them.
3. Address allegations of excessive use of force by police against human rights defenders, Indigenous peoples, women and adolescent girls, ensuring prompt and effective investigation and adoption of systematic training on human rights and protocols.

Canada encourages Chile to ensure that women and girls have full access to reproductive health services, including sexuality education, family planning, prevention and response to sexual and gender-based violence, safe and legal abortion, as well as post-abortion care.

Background

According to UPR Info, a non-profit, non-governmental organization (NGO) that tracks the Universal Period Review (UPR) process, in the first two cycles of the UPR, Chile received 312 recommendations, of which 301 were accepted (96%). Canada’s previous recommendations related to the rights of Indigenous peoples, discrimination and violence against vulnerable groups, and excessive use of force by security forces.

Chile is seen as a human rights champion in the region and is a state party to the major UN and Inter-American human rights instruments. Chile’s ratification is pending for the Optional Protocol to the Convention on the Elimination of Discrimination against Women and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.

The Chilean government has made recent efforts via legislation, policies and programs to strengthen the promotion and protection of human rights of vulnerable and marginalized groups who experience different levels of discrimination in Chile, including women and girls, Indigenous peoples, lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, and migrants. There is a pressing need for updates to the national migration law and implementation of comprehensive public policies for migrants and their families, focused on their inclusion.

In 2016, Chile established a Ministry for Women and Gender Equity. Gender-based violence remains of concern in Chile, including in the digital sphere, and women face significant barriers to participation in the labour force, with one of the lowest participation rates in the region. Chile recently decriminalized abortion in three cases (rape, when the mother’s life is at risk, when the fetus is not viable); however, conscientious objection by health care providers and institutions restrict access.

Chile’s government has announced a national plan to accelerate progress in the recognition and fulfilment of the rights of Indigenous peoples, with draft legislation for recognition in the Constitution of Chile’s Indigenous peoples and their culture and traditions. Cases of excessive use of force by police, particularly against Indigenous peoples as well as sexual violence against women and adolescent girls in the context of social protests, are of significant concern.

Chile’s recent Gender Identity Law provides for a simplified administrative process for youth between 14 and 18 years of age and adults to change registered names and gender on official documents. Civil unions were legalized in 2015, however legislation for same-sex marriage and the right to adopt remains stalled in Congress.

Violations of the rights of children in youth residential centres under direct or indirect control of the National Service for Minors as well as for minors in the juvenile justice criminal system have been reported.