A/HRC/58/60/Add.1
7.
In 2019, the communities of people of African descent that were in Chile prior to the
establishment of the modern State were legally recognized as a Chilean tribal group. They
have been granted approximately the same rights as Indigenous Peoples, on the basis of the
International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989
(No. 169). Unfortunately, implementation is elusive.
8.
The Special Rapporteur visited Chile during a period of sustained commitment from
the Government to multilateralism, as demonstrated by the invitations to various
United Nations special procedures to visit the country and the openness of public institutions
to discussing human rights challenges and their welcoming of suggestions for improvement.
She commends this positive engagement of the Government, especially at a time of
scepticism towards multilateralism and international law.
A.
International human rights framework
9.
Chile ratified both the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights on 10 February 1972. Chile
has therefore agreed to respect and implement article 15 of the International Covenant on
Economic, Social and Cultural Rights, which protects the rights to take part in cultural life,
to enjoy the benefits of scientific progress and to benefit from the protection of the moral and
material interests resulting from any scientific, literary or artistic production of which one is
the author. It is also bound by article 13 of that Covenant, on the right to education, and
articles 18, 19, 21, 22 and 27 of the International Covenant on Civil and Political Rights
protecting, respectively, the rights to freedom of thought, conscience and religion, to freedom
of opinion and expression, including in the form of art, to peaceful assembly and to
association, and the right of ethnic, religious and linguistic minorities to enjoy and practice
their own culture and language.
10.
Chile has ratified 17 of the 18 main human rights treaties and optional protocols, many
of which also include obligations with respect to cultural rights, such as the International
Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the
Elimination of All Forms of Discrimination against Women, the Convention on the Rights
of the Child and the Convention on the Rights of Persons with Disabilities. At the time of the
visit, the ratification of the Optional Protocol to the International Covenant on Economic,
Social and Cultural Rights was considered a priority, but no date had been set yet. In 2008,
Chile ratified ILO Convention No. 169, the application of which is overseen by the National
Corporation for Indigenous Development.
11.
In 2022, Chile ratified the Additional Protocol to the American Convention on Human
Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador), which
should strengthen the protection of economic, social and cultural rights.
12.
In Chile, with its dualist legal system, international human rights instruments and their
corresponding obligations need to be approved by the parliament and enacted by decree to
enter into national law. However, the Government of Chile admits that no institutional
mechanism exists to send recommendations from human rights bodies to the parliament so
that they may be considered in the modifications to the legal framework, nor is there a
mechanism to receive complaints concerning violations of international law provisions.
Accordingly, monitoring of the implementation of international human rights obligations is
a known challenge to the Government.
B.
Constitutional and legislative framework
13.
There is no domestic law that recognizes everyone’s cultural rights. Article 6 of the
Law on Migration and Foreigners (Law 21.325)2 and articles 7 and 26 of the Law on Persons
with Disabilities (Law 20.422) recognize the participation of foreigners and persons with
disabilities in social, cultural, political and economic life and commit the authorities to
respect their different cultural expressions and languages. The Special Rapporteur was told
2
4
Available at www.bcn.cl/leychile/navegar?idNorma=1158549 (in Spanish).
GE.25-01340