A/HRC/58/60/Add.1
I. Introduction
1.
The Special Rapporteur in the field of cultural rights conducted a mission to Chile at
the invitation of the Government from 25 March to 5 April 2024. She thanks the Government
for the invitation to visit the country and for its openness and cooperation, which allowed her
to hold discussions on various aspects of her mandate.
2.
During her mission, the Special Rapporteur visited Arica, Rapa Nui, Santiago and
Valparaíso. She regrets that, because of the dimensions of the country, she was not able to
visit more places. She held meetings with Government officials at the national, regional and
local levels, who were responsible in the areas of foreign affairs; justice and human rights;
cultures, the arts and heritage; memorialization; education and interculturality; science,
technology, knowledges and innovation; communication and civic participation; social
development and family; Indigenous Peoples; women and gender equity; and migration. She
also met with members of Congress and a justice of the Supreme Court. In addition, she met
with representatives of cultural institutions and agencies, artists, academics, members of civil
society, leaders of cultural communities and Indigenous Peoples, as well as with the National
Institute of Human Rights and the National Commission for the United Nations Educational,
Scientific and Cultural Organization (UNESCO). The Special Rapporteur thanks all for their
time and commitment and for the wealth of information they shared with her. She also
extends her gratitude to the United Nations country team and the Office of the United Nations
High Commissioner for Human Rights for their support in the preparation and conduct of the
visit.
II. General context and framework
3.
The country’s geography, stretching over 4,300 km in length, while on average only
177 km in width, with the Andes to the east and the Pacific Ocean to the west, has greatly
impacted the diversity of peoples and ways of life in Chile. Chile declared its independence
from Spain in 1818. Rapa Nui was transferred to Chile in 1888 and was fully incorporated
into the Province of Valparaíso in 1966. It has special status due to its recognition as a natural
park and world heritage site.
4.
Migration started to increase over the recent period, mainly concentrated in the north.
Whereas Chile used to be rather open to migration, it is currently seen as a security issue.
The Special Rapporteur noticed the dominance of negative narratives that blame migration
for many current challenges.
5.
Chile has been experiencing a long transition from General Augusto Pinochet’s
dictatorship to democracy. Public administration has expanded organically, and the many
ministries are trying to better coordinate their actions. Chile is considered one of the most
successful economies in South America, but also one of the most unequal countries of the
Organisation for Economic Co-operation and Development. At the time of the visit, the
country was coming out of two failed attempts to modify its Constitution, which would have
included explicit recognition of cultural rights.
6.
Very little freedom existed for artistic and cultural expressions during the dictatorship,
and the country has been trying to recuperate from that general deficit. The Mapuche have
struggled for decades to have their rights recognized, including their land rights and living
cultures. The Commission for Peace and Understanding was created by the Government to
address the land conflicts and establish new relationships with the Mapuche, 1 including
important cultural rights aspects. The Commission is supported across political parties.
Efforts to maintain and transmit Indigenous languages are also ongoing, in particular for
Mapudungun, Quechua, Rapa Nui, Huilliche and Aymara.
1
GE.25-01340
See decree No. 14 of 2023 (available at
https://www.diariooficial.interior.gob.cl/publicaciones/2023/07/12/43599-B/01/2344461.pdf) and
www.bcn.cl/leychile/navegar?idNorma=1194148 (in Spanish).
3