Human Rights Council elections 2008 - Chile

Amnesty International is concerned at reports that members of the Mapuche indigenous group have been subjected to discrimination and ill-treatment. During operations in indigenous communities, law enforcement officials are alleged to have used excessive force and racial verbal abuse, and to have carried out unjustified confiscations.

In 2007, the Committee on the Rights of the Child expressed concern about the poor living conditions of indigenous children and the discrimination against them in access to education and health services. The Human Rights Committee also expressed concern about the application of anti-terrorism legislation against members of the Mapuche community who had participated in activities in support of indigenous land rights.

There are also reports of harsh prison conditions, overcrowding, lack of medical attention and ill-treatment.
At least 60 women were reported killed during 2007. Prosecutions for domestic and sexual violence are often difficult due to weak legislation, bureaucratic procedures, and inadequate policing.

Although the Inter-American Court of Human Rights ruled in September 2006 that the application of amnesty provisions of the 1978 Amnesty Law was not admissible, this decree law is still in force. A number of former military officials and former secret service agents have been found guilty of involvement in abductions, torture and killings during the military government of Augusto Pinochet in 1973-1990.

However, in November 2007 the Supreme Court acquitted retired colonel Claudio Lecaros of the enforced disappearance of three individuals in 1973, on the grounds that the statute of limitations on these crimes had expired. In this way, the Court reversed its previous ruling that, in accordance with customary international law, crimes against humanity and war crimes are not subject to the statute of limitations.

In September 2007, former Peruvian President Alberto Fujimori was extradited to Peru, where he has been charged with corruption and human rights violations.

Recent Amnesty International statements and reports:

General

Amnesty International Annual Report extracts for Chile, 2005-2007

Rights of indigenous people

Chile: A fair trial without discrimination for members of the Juan Paillalef Mapuche community (Public Statement, 19 October 2007)

Prosecution of human rights abuses committed under the regime

Chile: Death of Pinochet is not the end of the story (Press Release, 14 December 2006)

Fujimory Case

Chile/Peru: Fujimori extradition – a key step towards justice (News Flash, 21 September 2007)
Fujimori Case: the Supreme Court of Justice must comply with obligations of international law contracted by Chile (Report, 1 August 2007)

Ratification of International Treaties

Treaty Status Recognition of specific competences of Treaty Bodies Reservations/ Declarations
International Covenant on Civil and Political Rights (ICCPR) Ratified Art.41 (inter-state complaints)  
Optional Protocol to the ICCPR Acceded   Entered
Second Optional Protocol to the ICCPR on the death penalty Signed    
International Covenant on Economic, Social and Cultural Rights Ratified    
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Ratified   Entered
Optional Protocol to CEDAW Signed    
International Convention on the Elimination of All Forms of Racial Discrimination Ratified Art. 14 (individual complaints)  
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) Ratified Art. 21 (inter-state complaints)
Art.22 (individual complaints) 		Entered
Optional Protocol to CAT Signed    
Convention on the Rights of the Child (CRC) Ratified    
Optional Protocol to the CRC on children in armed conflict Ratified   Entered
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography Ratified    
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families Ratified   Entered
International Convention for the Protection of All Persons from Enforced Disappearance Signed    
Rome Statute of the International Criminal Court Signed    
Convention Relating to the Status of Refugees Acceded   Entered
Protocol Relating to the Status of Refugees Acceded   Entered
The Four Geneva Conventions Ratified    
Protocol I to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts Ratified    
Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts Ratified    
Protocol III to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem Signed    

Compliance with Reporting Obligations

Total Overdue Reports Up to 5 years overdue 5-10 years overdue 10 years or more overdue
6 CERD: 17th and 18th periodic reports
CMW: initial report 		CERD: 15th and 16th periodic reports CAT: additional information

Cooperation with the Special Procedures

Extension of a standing invitation Outstanding visit requests (year requested) Forthcoming visits (dates if available) Missions carried out between May 2007 and April 2008
None Special Rapporteur on the right to education (2007)
Special Rapporteur on sale of children (2007)
Special Rapporteur on freedom of religion (2008)
 None   Working Group on mercenaries (July 2007)  
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