Cedaw/C/Chi/3

United Nations CEDAW/C/CHI/3 Convention on the Elimination of All Distr.: General 27 January 1999 Forms of Discrimination English against Women Original: Spanish Committee on the Elimination of Discrimination against Women Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women Third periodic reports of States parties Chile* * For the initial report submitted by the Government of Chile, see CEDAW/C/CHI/1; for its consideration by the Committee, see CEDAW/C/SR.264 and CEDAW/C/SR.271, and Official Records of the General Assembly, Fiftieth Session, Supplement No. 38 (A/50/38), paras. 105–159. 99-02599 (E) 150399 060499 CEDAW/C/CHI/3 Status of implementation by the There is no discussion as to whether or not the Government of Chile of the Convention is binding, but there is as to the place which international human rights treaties should occupy in relation Convention on the Elimination of All to domestic law. Forms of Discrimination against In this regard, the second paragraph of article 5 of the Women, December 1998 1980 Political Constitution states that the exercise of sovereignty recognizes as a limitation respect for the essential This report provides updated information on the rights of the person. The organs of the State have a duty to implementation by the Government of Chile of the Convention respect and promote such rights, which are guaranteed by the on the Elimination of All Forms of Discrimination against Constitution and by the international treaties ratified by Chile Women. It describes the main advances made between 1995 and currently in force.1 and the end of 1998, especially in the legal area, in Chile has participated in the open-ended working group implementing the Convention’s first 16 articles. Articles 17 on the proposed optional protocol to the Convention which, to 30, being procedural or regulatory in nature, are not as an international human rights instrument, would allow covered. The second periodic report, sent to the Committee women to petition for their rights and for the implementation on 12 January 1995 pursuant to article 18 of the Convention, of the Convention. has served as an important yardstick. This is the third periodic report submitted by the Government of Chile. General information Chile, a long, narrow country in the extreme south of Background the Americas, has been undergoing a sustained process of globalization for two decades. In keeping with its policy of Chile ratified the Convention on the Elimination of All openness in trade, barriers to international trade are now Forms of Discrimination against Women by Supreme Decree virtually non-existent, resulting in easy, expeditious trade No. 789, published in the Official Gazette of 9 December flows. 1989. The Decree is currently in force and, under the Chile has a stable democratic system and a stable free- Constitution, limits the exercise of sovereignty by imposing market economic model. In recent years, the country has on the State the duty to respect and promote the rights received major flows of foreign investment. The Global guaranteed in the Convention. Competitiveness Report, 1997 of the World Economic Forum The Convention establishes universally accepted ranks Chile among the 13 most competitive countries in the principles, sets out measures to achieve equal rights for world. The export sector has been the driving force and the women and establishes international mechanisms for main source of growth in the Chilean economy. monitoring the obligations which States parties have assumed. By Act No. 19,023 of 3 January 1991, Chile established Geographical situation the National Office for Women’s Affairs (SERNAM). Article Chile is located in the extreme south-west of the 2 of the Act states that the Office shall have, inter alia,the Americas. From north to south, it extends 4,329 kilometres following function: “(g) To evaluate the implementation of policies, plans and programmes adopted to ensure compliance with the Convention on the Elimination of All Forms of 1 Discrimination against Women, ratified by the Government According to Professor and Doctor of Law and member of the United Nations Human Rights Committee Cecilia of Chile”. This clearly demonstrates the importance which the Medina Quiroga, “... the amendment to the second executive branch and Parliament attach to implementing the paragraph of article 5 reaffirmed the constitutional rank of Convention. the human rights enshrined in the international treaties in force in Chile and added some elements to facilitate the full The Convention enjoys considerable support enjoyment and exercise of those rights”. (In El Derecho internationally and contains ideas on which there is broad Nacional y las Obligaciones Internacionales de Chile en international agreement. Chile has always shared in that materia de Derechos Humanos (Chile’s Domestic Law and agreement and has expressed no reservations as to the International Obligations in the Area of Human Rights), (editors Cecilia Medina Quiroga and Jorge Mera Figueroa, Convention’s core ideas. Diego Portales University School of Law, Santiago, Chile). 2 CEDAW/C/CHI/3 from the Atacama Desert to the ice cap. To east and west, it institutional senators out of a total of 48 and the system of two is bordered by the Andes and the Pacific Ocean, respectively. lists for elections (as opposed to the representative system previously in force). One of the 10 designated senators is a Territorial organization senator for life in his capacity as former Head of State: Augusto Pinochet Ugarte became senator for life on 11 March Chile is divided into 12 regions, plus the metropolitan 1998 after retiring as Commander-in-Chief of the army. The region where the capital, Santiago, is situated. remaining nine senators are: one representative for the Army, Chile has implemented a policy of decentralization one for the Navy, one for the Air Force, one for the which is reflected in the transfer of functions to Carabineros, two for the Supreme Court, one former municipalities. Mayors are elected by popular vote every four Minister, one former university rector and one former years and are responsible for administering health services Comptroller-General of the Republic. These “institutional” and public and subsidized private educational establishments. senators serve for eight years. Population Women account for 50.5 per cent of the country’s 14,210,429 inhabitants. The population is 84.7 per cent urban Political and administrative structure and 15.3 per cent rural. The State is divided into three independent branches: Capital city the executive, the legislative and the judicial. The executive Santiago, with a population of 4.9 million. branch is headed by the current President of Chile, Mr. Population density Eduardo Frei Ruiz-Tagle (Christian Democratic Party), who 19.1 inhabitants per square kilometre. heads a coalition of centre-left parties (Alliance of Parties for Democracy). Population growth rate 1.54 per cent. President Frei was elected for a six-year term by popular direct vote of all Chilean citizens over 18 years of Life expectancy at birth age. He took office on 11 March 1994. Average life expectancy (both sexes): 75.21 years; women: 78.26 years; men: 72.28 years. Legislative authority is vested in the national Congress, which sits in the port city of Valparaiso. It has oversight and Literacy legislative powers and is bicameral: the Senate, with 48 Average literacy rate (both sexes): 95.6 per cent; members (including 10 designated senators serving for an women: 94.7 per cent; men: 95.6 per cent. eight-year term, with the exception of one senator for life), and the Chamber of Deputies, with 120 members. The entire General political background Chamber of Deputies is replaced every four years, whereas half the membership of the Senate is replaced every four years, on an alternating basis according to the number of the The ruling coalition, the Alliance of Parties for region which the senator represents. Democracy, made up basically of the Christian Democratic and Socialist Parties, the Partido por la Democracia and the The offices of deputy and senator are incompatible both Partido Radical, began a process of transition within the with each other and with any employment or Commission framework of the 1980 Constitution inherited from the remunerated with funds from the Treasury, municipalities, military regime, but amended by the 30 July 1989 plebiscite. autonomous fiscal entities, semi-fiscal entities, State The amendments were agreed between the authorities of the enterprises or enterprises to which the Treasury has military regime and the leaders of the political parties in the contributed capital. The only exceptions are teaching Alliance. positions in higher education. The current legal framework includes a number of laws Congress opens its regular sessions on 21 May each referredtoas“leyes de amarre” (literally: “laws keeping year and closes them on 18 September. However, it may be things tied up”), i.e., laws perpetuating authoritarian features convened by the President in special session during the last of Chile’s institutions which are difficult to change precisely 10 days of a regular session or during the parliamentary because of provisions left over from the military regime, such recess. as the qualified quorums needed to amend certain elements The judiciary is an independent, autonomous organ of the Constitution, the existence of 10 designated or responsible for the administration of justice. The highest court 3 CEDAW/C/CHI/3 is the Supreme Court, comprising 17 members, one of whom Overcoming extreme poverty is seen as the biggest is elected President of the Court every three years. No woman challenge facing the country. This means giving priority to has ever been a member of the Supreme Court. There are also economic policies that favour growth and social equity while 17 courts of appeal in Chile.

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