The Chile Profile page looks at how present-day Chile measures up to some of the international human rights declarations, pacts and conventions it has signed and provides an overview of the country's political and economic context.
This page will be expanded and updated as we gather new information and obtain more recent statistics. The human rights violations that occurred prior to 1990 are not considered here. Please consult "Dictatorship Years" for information regarding the 1973-1990 period.
GOVERNMENT
The 1980 Constitution provides for:
- a popularly elected president
- a bicameral legislative body with a Chamber of Deputies comprised of 120 democratically-elected deputies and a 46-member Senate, eight of which are not elected but rather designated by the president, Supreme Court and the State Security Council.
- a lifetime senate seat is afforded to former presidents who have served at least a six-year term in office. To date, retired general Augusto Pinochet is the only senator-for-life in Chile.
There are currently 17 legally incorporated political parties in Chile, seven of which have congressional representation.
The ruling Concertacion of Parties for Democracy (Concertacion), is a center-left political coalition that formed in 1989 to represent the opponents of the military regime and which has governed Chile since the return to civilian rule in 1990. Patricio Aylwin of the Christian Democratic Party (PDC) led the first years of the democratic transition period from 1990-94 and was followed by Eduardo Frei Ruiz-Tagle, also of the PDC, who won the second presidential elections held in the post-1990 period.
The Concertacion is comprised of: the PDC, the Socialist Party (PS), the Party for Democracy (PPD) and the Radical Social Democrat Party (PRSD).
The right-wing parties with congressional representation, Renovacion Nacional (RN) and Union Democratica Independiente (UDI), maintain a shaky alliance and, together with the designated senators, presently constitute a majority in the Senate since the last congressional elections held in December 1997.
THE MILITARY
In 1994, Chile devoted 3% of its Gross Domestic Product to military spending. A special legal provision, the Reserved Copper Law, enacted by the military regime, guarantees the Armed Forces 10% of sales from state copper corporation Codelco, or about US$400 million annually. By law, the military budget cannot fall below 1989 levels, nor can it shrink in real terms.
Military service is obligatory for all males at 18 years of age. There is no provision for conscientious objectors.
ECONOMY
The Aylwin and Frei governments have swayed little from the free-market economic policies established during the military regime, but have increased social spending from 58% of total national budget in 1988 to 65% in 1995 (combined total for education, health, housing and social security spending).
Under the Pinochet government, influenced by economists from the University of Chicago, government expenditure was slashed, regulatory functions and price controls eliminated, free trade promoted and many state-owned companies privatized.
The two Concertacion governments have pursued bilateral and multilateral free trade agreements throughout the world and have continued to privatize some state enterprises and promote foreign investment in the economy.
MACROECONOMIC FIGURES (1997)
Inflation: 6.0%
Gross Domestic Product growth: 7.1%
Foreign debt: US $26.8 billion
Balance of payments: US $3.2 billion
Trade balance: -US $1.3 billion
Population:
1970: 9.3 million
1996: 14.4 million (about one-third live in Santiago)
HEALTH
Infant mortality rate:
1985: 19.5 (0/000)
1993: 13.1 (0/000)
General mortality rate:
1985: 6.1
1993: 5.5 (Health Ministry)
Chile Malnutrition:
1985: 8.7%
1993: 5.3
Life Expectancy at Birth:
1980-85: 71 años
1990-95 72 años (INE)
CHILE AND HUMAN RIGHTS
The human rights cited below are taken from some of the articles contained in: The Universal Declaration of Human Rights, International Pact for Civil and Political Rights, the American Convention on Human Rights and the Convention on the Rights of the Child.
NO ONE SHALL BE SUBJECTED TO TORTURE OR TO CRUEL, INHUMANE OR DEGRADING TREATMENT OR PUNISHMENT
Since the return to civilian government, the practice of torture has declined dramatically. Two cases of torture, one of which resulted in the death of the victim, have been officially acknowledged. However, non-governmental organizations reported 20 cases of torture and abuse by police just in 1997. The Judicial Assistance Association, the governmental public defender office, reported 400 cases of police abuse in 1997, a 100% jump over 1996 figures.
ALL ARE EQUAL BEFORE THE LAW AND ENTITLED TO EQUAL PROTECTION UNDER THE LAW WITHOUT DISCRIMINATION
The government developed an Equal Opportunity for Women Plan, a series of measures to be implemented from 1994 to 1999 in various public sectors. The National Service for Women (SERNAM) is responsible for coordinating and implementing the Plan, which is intended to introduce equal opportunity in the courts, family, education, culture, workplace, social and political participation, and other realms.
NO ONE SHALL BE SUBJECTED TO ARBITRARY ARREST, DETENTION OR EXILE
On May 20, 1998 the Senate approved a bill to eliminate the arrest of individuals based on suspicion, until then a common practice of Chilean police. The law outlines the rights of arrested individuals, defines the crime of torture for the first time in Chilean legislation and eliminates the inclusion of vagrancy and begging among punishable crimes. It is now illegal in Chile for a Carabinero or Investigations police officer to carry out arrests based only on what they regard as suspicious appearance. When making an arrest, the law obliges police officers to immediately inform the individual of the reasons for the arrest and permit them to contact a family member or lawyer.
NO ONE SHALL BE SUBJECTED TO ARBITRARY INTERFERENCE WITH HIS PRIVACY
Homosexuality is made illegal through Article 365 of the Penal Code, which defines sodomy as a crime. A bill introduced into Congress to legalize homosexual relationships was defeated in 1996 in the Senate. Chilean gay rights groups have filed a complaint before the United Nations Human Rights Committee, denouncing this as a violation of the right to privacy and of the right to be treated equally before the law.
THE RIGHT TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION
Eighty-five percent of the Chilean population is Roman Catholic but all of the 1,500 religious groups in the country were granted equality under the law in 1997.
THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION
Chile's State Security Law, enacted in 1975, states that "...those persons who injure or libel the President of the Republic, ministers of state, senators, deputies and magistrates of the high courts, commit a crime..." Under this law, journalists Paola Coddou and Rafael Gumucio were briefly jailed in January 1998 for libeling Supreme Court Judge Servando Jordan. In 1996, the secretary general of the Communist Party of Chile, Gladys Marin, was jailed for two days for calling former dictator General Augusto Pinochet a "blackmailer" and a "psychopath who came to power on the basis of intrigue, treason and crime" during a protest. In 1996, former minister Francisco Javier Cuadra went to jail for declaring that some legislators were drug users.
The National Cinema Rating Council has outlawed certain widely distributed films for viewing in movie theaters or on television in Chile. The recent case of the banning of Martin Scorses' film, "The Last Temptation of Christ", was highly publicized and the Board's decision backed by some religious organizations.
THE RIGHT TO TAKE PART IN THE GOVERNMENT OF HIS COUNTRY, DIRECTLY OR THROUGH FREELY CHOSEN REPRESENTATIVES
In 1998, 11 Chilean attorneys filed a petition before the Inter-American Human Rights Commission of the Organization of American States, arguing that the existence of designated senators and lifetime senators as stipulated in the 1980 Constitution violates this right. The writ states, "... a significant portion of the Senate - 19.11% - ...today originates in institutions other than the sovereignty of the people expressed through the vote... more than eight million citizens...now elect 38 senators , which means an average of more than 200,000 voters choose just one senator. On the other hand, in accordance with the Chilean Constitution of 1980, the eight members of the National Security Council- an organization comprised of four military people and four civilians - elect four senators, which implies in this case an average of two people elect one senator."
THE RIGHT TO WORK, TO FREE CHOICE OF EMPLOYMENT, TO JUST AND FAVORABLE CONDITIONS OF WORK AND TO PROTECTION AGAINST UNEMPLOYMENT
The unemployment rate in 1997 was 6.1 percent, compared to 16.1 percent in 1981 (includes the special minimal employment programs PEM and POJH) and 3.8 percent in 1971. A bill to create a system of unemployment insurance is now being studied by Congress.
THE RIGHT TO JUST AND FAVORABLE REMUNERATION
Minimum wage in Chile is US$178 monthly (as of June 1998). Approximately five percent of the work force, or about 400,000 individuals, earn the minimum wage. According to the Economy and Labor Program (PET), in April 1996, the gap between the legal minimum wage and the minimum monthly wage required to meet basic needs, defined in the government's minimum basket for the satisfaction of basic needs, was 34.2 percent. That is, the legal minimum wage was $58.900 (Chilean pesos) while the salary required by a worker to satisfy his or her basic needs was $89.538. This gap was 47.2 percent in April 1989.
THE RIGHT TO FORM AND TO JOIN TRADE UNIONS
The government presented a labor reform bill to Congress in January 1996, which aims to guarantee and broaden union rights, strengthen workers' access to collective bargaining and extend this to all legally constituted unions. Both the Central Union of Workers (CUT) and the business community criticize the government's proposal for different reasons, and it has failed to obtain approval by Congress. Throughout the 1990-95 period, unions continually reported abuses by management, anti-union practices and dismissals following negotiations and the formation of unions.
In 1996, 12.4 percent of the Chilean work force was affiliated with a trade union, compared to 15.4 percent in 1992 and 32.5 percent in 1973.
THE RIGHT TO REST AND LEISURE, INCLUDING REASONABLE LIMITATION TO WORKING HOURS AND PERIODIC HOLIDAYS WITH PAY
The average number of working hours per week for non-agricultural workers in Chile (84 percent of the employed labor force) was 45.3 hours in 1994, rising slightly from 42.4 percent in 1983.
The number of male and female workers with a work week of 60 hours or more in 1994 was nine percent and 10.4 percent respectively, dropping significantly from the 18.4 percent and 11.9 percent registered in 1986.
The number of male and female workers with a work week of between 44 and 54 hours were 51,5 percent and 65,1 percent, respectively, in 1994. These figures represent a considerable increase over the 1986 levels of 33,9 and 50,5 percent, respectively.
THE RIGHT TO A STANDARD OF LIVING ADEQUATE FOR THE HEALTH AND WELL-BEING OF HIMSELF AND OF HIS FAMILY
Per capita income increased 24% between 1990 and 1994, according to the World Bank, and poverty fell 4% between 1994 and 1996. About 23% of the population, or 3.3 million Chileans, live in poverty in 1996. In 1987, the poor represented 55.4% of the population. (Mideplan, Encuestas CASEN)
Chile has one of the worst income distributions in the modern world, according to a 1997 World Bank report. Despite sustained economic growth during the last decade, the income distribution gap has remained steady since 1987. In that year, the income of the poorest 20% of the population represented 4.5% of the total compared to 56% of the country's wealth earned by the richest 20% of the population. In 1994, those figures were 4.6% and 56.1%, respectively. (Mideplan, CASEN 1997)
THE RIGHT TO SOCIAL SECURITY
A 1980 decree privatized social security institutions in Chile, establishing a dual health insurance system: one public (FONASA) and one private (ISAPRE). A third , specifically for the Armed Forces, is also public. In 1994, 63.4% of Chileans used the public system, while 23.7% opted for privately run health services. In 1981, a pension system based on individual savings was created whereby privately-run pension fund administrators, called AFPs, manage these funds and pay out pensions to their members as stipulated in the law. Today, there are 13 such AFP companies.
("La Salud Previsonal Hoy en Chile," Apolonia Ramirez C., PET 1997)
ALL CHILDREN, WHETHER BORN IN OR OUT OF WEDLOCK, SHALL ENJOY THE SAME PROTECTION
A bill granting all children equal rights in the civil code regardless of the marital status of their parents, was passed by Congress in May 1998 under the protest of the political opposition and the Church in Chile. According to the National Women's Service (SERNAM), 40% of Chilean children are born of unmarried parents. SERNAM says these children face widespread discrimination in schools and other social institutions. Divorce is illegal in Chile, where a marriage law first enacted in 1884 is still in effect. Legislative proposals to legalize divorce have been defeated in Congress.
THE RIGHT TO EDUCATION
Chile spends 3% of its Gross Domestic Product on education.
Literacy rate:
1982: country average: 8.9% urban: 6.2% rural: 21.9%
1992: country average: 5.4% urban: 3.7% rural: 14.0% (INE)
The percentage of school-aged children enrolled in school rose from 80% in 1990 to 86% in 1997. (CASEN)
Children from the poorest quintile of the population not enrolled in school:
4% of 6-13 year-olds and
22.7% of 14-17 year-olds.
Children from the wealthiest quintile of the population not enrolled in school:
0.8% of 6-13 year olds and
3.2% of 14-17 year-olds
THE RIGHT OF THE CHILD TO BE PROTECTED FROM ECONOMIC EXPLOITATION AND FROM PERFORMING ANY WORK THAT IS LIKELY TO ... INTERFERE WITH THE CHILD'S EDUCATION, OR TO BE HARMFUL TO THE CHILD'S HEALTH OR PHYSICAL, MENTAL, SPIRITUAL, MORAL OR SOCIAL DEVELOPMENT
Some 47,000 Chilean children between the ages of six and 14 work on a regular basis. They make up 1.7 percent of the work force. Three-quarters of child laborers are boys and most of those who work do so instead of attending school. Of the 13.6 percent of children aged 14 to 17 who do not attend school, most cited the need to work as the main reason for dropping out.
Some 78,000 minors between the ages of 15 and 17 are fully incorporated into the work force and most earn less than the legally established minimum wage.
(Sources: Mideplan, CASEN report September, 1997; UNICEF Report on Child Labor, 1997)
MEMBERS OF MINORITY GROUPS SHALL NOT BE DENIED THE RIGHT TO THEIR OWN CULTURAL LIFE, AND PROFESS AND PRACTICE THEIR OWN RELIGION AND LANGUAGE
According to the 1992 National Census, the total indigenous population of Aymaras, Quechuas, Atacameños, Collas, RapaNui, Mapuches, Kawascar, and Yaganes, over the age of 15 is 1.2 million, or approximately 10% of the total population of Chile.
Mapuches, Aymaras, and Rapa Nui, with populations of 920,000, 48,500 and 22,000, respectively, are the dominant indigenous groups. More than 43% of the total indigenous population lives in the Santiago Metropolitan Region, with 13.% and 14.5%, in the Biobio and Araucania regions.
The Indigenous Law, enacted in 1993 during the administration of President Patricio Aylwin, recognizes mapudungun as the official language of the Mapuche.
The law also addresses the central concern of the Mapuche: land. In 1973, the Mapuche population held 586,000 hectares of land, in contrast to 300,000 hectares held in 1998. Land disputes continue in the south of Chile, particularly between forestry companies and indigenous communities. Ninety percent of Mapuches live in poverty.
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