A/HRC/58/60/Add.1
48.
Representatives of Afro-Chilean tribes expressed the need not only to be featured in
the archives, but to maintain and practice their culture on a daily basis, which requires
ensuring their access to ancient and meaningful territories for ceremonial and agricultural
practices. The fact that they do not possess legal titles for their lands means that they could
lose them at any moment, as has happened in the past. Representatives of Afro-Chileans
reported insufficient consultation with the tribes about public and private development
projects on their territories. The authorities fail to recognize that, just as for Indigenous
Peoples, the international standard of free, prior and informed consent implies the possibility
for Afro-Chileans to refuse projects or programmes that impact their cultural resources and
ways of life and to effectively shape them according to their needs.
49.
The Special Rapporteur thanks the Afro-Chilean communities for their openness and
looks forward to learning more about improvements in their living situation, their increased
visibility in national educational curriculums and their possibilities for participation in all
aspects of cultural life in Chile.
3.
Migrants
50.
Stereotypes and dehumanizing discourse about migrants are on the rise in Chile.
Foreigners in the country are the subject of many public debates, and negative narratives and
fear are being amplified by the media and in some government discourses. Narratives about
migrants’ inherent criminality or destructive ways of life must be pushed back by all public
bodies in a coordinated and consistent manner, as required by international law. Instead, the
Special Rapporteur heard some government officials blame migrants for failures of the State.
The ongoing attacks on their ways of life and cultures have an impact on their ability to access
other human rights. Although education and health services are, by law, universally available
to all inhabitants of Chile, non-citizens and migrants reported difficulties in having their
diplomas registered and in accessing healthcare, including maternity care. African migrants
struggled to establish their place in society.
51.
The Special Rapporteur was impressed with the engagement of civil society groups,
especially women, to combat racism and stereotypes against migrants, and commends the
numerous community-led cultural and artistic activities aimed at giving voice to their realities
and supporting them in navigating administrative procedures. She encourages the authorities
at the national and local levels to make more funding available to support such civic
engagement and to recognize its pivotal value in building the intercultural social fabric.
52.
She was also impressed that local authorities in Arica did not consider migration a
problem, but rather a factor in developing policies. The municipality provides services to
help regularize migrants and has created an open academy offering training in a variety of
skills, including artistic disciplines and languages, to identify and foster migrants’ capacities
for local jobs. However, the infiltration of organized crime across the northern border has
given rise to general mistrust towards Venezuelan migrants, who experience discrimination
and are isolated from the rest of the population of Arica. Local authorities struggle to monitor
the needs of those migrants who live in areas that are under the control of criminal
organizations and to build relationships with them. More support is needed from the
authorities to reach out to those inhabitants who are falling under the control of criminal
groups and to guarantee their safety.
4.
Detainees
53.
The Special Rapporteur was told about challenges related to cultural practices in
prisons. For Indigenous Peoples and local populations, those include challenges related to
accessing spiritual leaders and healers and maintaining cultural and religious practices that
do not interfere with the security of the detention centres. She reminded the Government that
economic, social and cultural rights continue to apply in places of detention.
54.
A review of the prison rules for persons deprived of their liberty was to be undertaken
in the second half of 2024. That process should involve consultations with Indigenous
Peoples, including concerned detainees, in accordance with international standards. The
Special Rapporteur looks forward to receiving further information about this process and its
results, which should ensure greater cultural adequacy in penal matters.
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