A/HRC/58/60/Add.1
that violations of cultural rights could in part be claimed through non-discrimination and
property provisions; in the Special Rapporteur’s view, this is insufficient.
14.
Numerous laws of relevance for cultural rights were being reviewed at the time of the
visit.
1.
Specific legislation
15.
The Law on Associations and Citizen Participation in Public Management (Law
20.500)3 of 2011 recognized the right to association, the need for State support, and the right
of people to participate in State policies and actions. All public bodies therefore have the
obligation to establish formal and specific modalities of effective participation for people and
civil society in their work. The Law established a national fund to strengthen public interest
organizations and defined the nature and number of civil society organizations participating
in the regional councils of the fund. At the time of the visit, it was announced that the Law
would be reformed.
16.
Discussion was under way on the enhancement of the provisions of the Law on
Heritage to include living heritage practices and Afro-Chileans and Indigenous Peoples as
rights holders. The Special Rapporteur was also told about a draft law on memorial sites,
which aimed at expanding the existing Law on National Monuments. Effective participation
of local populations in the creation of such laws is important.
17.
The Law on Equality and Anti-discrimination (Law 20.609) was also the subject of
consultations, with a view to reforming it. Suggestions for reform included creating a body
tasked with receiving complaints and addressing redress and compensation, as well as
integrating gender, direct and indirect discrimination and an open clause for all grounds of
discrimination in the scope of the law. The Special Rapporteur encourages the integration of
these changes into the law.
18.
Successive laws between 1993 and 2023 established the protection, promotion and
development of 11 Chilean Indigenous Peoples and created an entity for their development,
namely, the National Corporation for Indigenous Development. The recognition of other
Indigenous Peoples was being discussed in Congress at the time of the visit.
19.
With the revision of all of these important pieces of legislation, the Special Rapporteur
hopes to see internationally recognized cultural rights, as currently interpreted by human
rights bodies, fully enshrined in national law and a human rights approach strengthened for
all.
2.
Human rights framework
20.
The second National Plan for Human Rights was adopted in 2022. Its stated objectives
include improving respect for the economic, social and cultural rights of various groups of
the population; recognizing the cultural rights and rights to cultural identity of Indigenous
Peoples and tribal peoples; and strengthening intercultural approaches to foster the
integration of migrants.
21.
Human rights responsibilities are distributed across various ministries and coordinated
by the Ministry of Justice and Human Rights. The subsecretariat on human rights focuses on
mainstreaming the human rights agenda in the activities of different sectors. It has created a
committee to extend human rights training to as many civil servants and members of the
general public as possible. Unfortunately, cultural rights do not seem to be widely understood
and implemented by the various sectors. The Special Rapporteur hopes that her visit will
contribute to strengthening the training on cultural rights and their realization.
22.
The National Institute of Human Rights is financially and politically independent (A
status) and has representations in each region. It produces a yearly report on the protection
and promotion of human rights, which is presented to the President, the Supreme Court and
the legislative bodies. The Institute is tasked with reviewing laws and is invited to present its
analysis and recommendations to the Congress; however, the Congress does not have any
3
GE.25-01340
Available at www.bcn.cl/leychile/navegar?idNorma=1023143 (in Spanish).
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