DOCSLIB.ORG

In the Mining Sector

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
In the Mining Sector Free Prior Informed Consent (FPIC) in the mining sector Solution-oriented approaches from Canada and their implications for strengthening Indigenous Peoples’ right to consultation in Chile and Peru Imprint PUBLISHED BY Bundesanstalt für Geowissenschaften und Rohstoffe (BGR) (Federal Institute for Geosiences and Natural Resources) Sector program Extractives and Development Stilleweg 2 • 30655 Hannover (Germany) Copyright © 2021 by the Federal Institute for Geosciences and Natural Resources (BGR) All rights reserved under International Copyright Conventions. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without prior permission in writing from the publisher. ABOUT THIS STUDY This study, carried out by Projekt-Consult GmbH, was commissioned by the German Federal Institute for Geosciences and Natural Resources (BGR) as part of the sector program “Extractives and Development”. The sector program is implemented on behalf of the German Federal Ministry for Economic Cooperation and Development (BMZ). The study was set up and implemented under the coordination and with the close in- volvement of Teresa Bornschlegl (BGR). For more information please visit: www.bmz.de/rue/en AUTHORS (ALPHABETICAL ORDER) Teresa Bornschlegl (BGR), Diego Ocampo (independent consultant), Isabel Urrutia (Projekt-Consult) WITH CONTRIBUTIONS BY Zoe Boirin (independent consultant), Maria Sol Iriart (independent consultant) EDITED BY Teresa Bornschlegl (BGR) WITH THANKS TO Dr. Riccarda Flemmer, PhD Martin Papillon and PhD Alexandra Tomaselli for their academic advisory and crit- ical inputs. Maren Kraushaar and Achim Constantin for their comments. Dr. Gudrun Franken and Dr. Jürgen Vasters for their conceptual advice. The authors would like to extend their sincere thanks to all the experts, officials and indigenous leaders from Canada, Chile and Peru who participated in the interviews that informed this study and/or who provided comments to the draft. DISCLAIMER The study serves informational purposes and does not represent endorsement or warranty of any kind what- soever. The description of cases in this study does not express any final legal opinion. This study was prepared from sources the authors believe to be reliable at the time of writing, but they make no assertion as to its con- tinuous accuracy or completeness over time. Opinions and information provision are made as of the date of manuscript completion and are subject to change without notice. The views expressed in this publication are the sole responsibility of the authors and do not necessarily reflect the views of the BGR. COVER PHOTO © Achim Constantin (Mountain range of the Andes in Peru) AS OF May 2021 CONTACT Bundesanstalt für Geowissenschaften und Rohstoffe (BGR) Stilleweg 2 • 30655 Hannover (Germany) • e-mail: [email protected] Table of contents Abbreviations and Acronyms 4 List of tables 5 List of annexes 5 Foreword 7 1. International standards, industry standards and indigenous protocols 10 1 1 International FPIC standards within the international human rights system 10 1 2 Industry-based standards: IFC and ICMM instruments 15 1 3 Indigenous Protocols 17 2. Consultations and FPIC in the mining sector in Peru and Chile 18 2 1 Consultations and FPIC in the mining sector in Chile 18 2 2 Consultations and FPIC in the mining sector in Peru 23 2 3 Remaining challenges against the backdrop of international standards 27 3. Conflicts related to consultations and FPIC in the mining sector in Chile and Peru 32 3 1 Conflicts in Chile 32 3 2 Conflicts in Peru 33 4. Toward implementing FPIC in practice: Solution-oriented cases from Canada 34 4 1 Voisey’s Bay project – Innu and Inuit of Labrador 35 4 2 The Sivumut project and the Inuit of Nunavik 42 4 3 The KGHM/Ajax mine and Stk’emlúpsemc te Secwépemc Nation (SSN) 45 4 4 The NICO project – TłĮcho Government 49 4 5 Main takeaways from the solution-oriented case studies 53 5. Pathways toward a human rights-based approach to FPIC: recommendations 55 Bibliography 59 Annexes 62 4 | Free Prior Informed Consent (FPIC) in the mining sector Abbreviations and Acronyms AIASC Aymara Association Salar de Coposa – Chile BGR Bundesanstalt für Geowissenschaften und Rohstoffe – Germany BCEAO British Columbia Environmental Assessment Office C169 Indigenous and Tribal Peoples Convention, 1989 (No 169) CEACR Committee of Experts on the Application of Conventions and Recommendations CCPR United Nations Human Rights Committee CERD United Nations Committee on the Elimination of Racial Discrimination ECLAC United Nations Economic Commission for Latin America and the Caribbean CONADI National Corporation for Indigenous Development – Chile DP Defensoría del Pueblo (National Human Rights Institution) – Peru DGA General Water Directorate – Chile DGAAM General Directorate of Mining Environmental Affairs of the Ministry of Energy and Mines – Peru DGM General Directorate of Mining – Peru DREM Regional Directions for Mining – Peru EAP Environmental Assessment Panel, Voisey's Bay project – Canada EIA process Environmental impact assessment process, the full cycle from before the drafting of an environmental impacts study to its subsequent review by environmental authorities until the decision on environmental license EID Environmental impact declaration – Chile and Peru EIAS Environmental impact assessment study (Canada, Chile and Peru) EIS-d Detailed environmental impact assessment study – Peru EIS-sd Semi-detailed environmental impact assessment study – Peru FPIC Free, Prior and Informed Consent I/A Court H R Inter-American Court of Human Rights IAAC Impact Assessment Agency of Canada IBA Impact and Benefit Agreement ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights ICMM International Council on Mining and Metals IWGIA International Work Group for Indigenous Affairs IEPP Indigenous Engagement and Partnership Plan – Canada ILO International Labor Organization INDH Instituto Nacional de Derechos Humanos – Chile INGEMMET Geological Mining and Metallurgical Institute – Peru JBNQA James Bay and Northern Quebec Agreement – Canada KAM KGHM Ajax Mining – Canada KEQC Kativik Environmental Quality Commission – Canada LIA Labrador Inuit Association – Canada MinCul Ministry of Culture – Peru MINEM/MEM/EM Ministry of Energy and Mines – Peru MMinería Ministry of Mining – Chile MoU Memorandum of Understanding – Canada MVMA Mackenzie Valley Resource and Management Act – Canada INCO Vale Inco Newfoundland and Labrador, VINL – Canada ONAMIAP Organización Nacional de Mujeres Indígenas Andinas y Amazónicas del Perú OPIP Organización de Pueblos Indígenas de Pastaza – Ecuador OEFA Agency for Environmental Assessment and Enforcement – Peru QBSA Compañia Minera Teck Quebrada Blanca S A – Chile SCC Supreme Court of Canada SD Supreme Decree Abbreviations and Acronyms, List of tables, Annexes | 5 SEA Environmental Impact Assessment Service – Chile SEIA Environmental Impact Assessment System – Chile SENACE National Service of Environmental Certification – Peru SERNAGEOMIN National Geological Survey – Chile SSN Stk’emlúpsemc te Secwépemc Nation – Canada RCA Resolution of Environmental Qualification – Chile UN DESA United Nations Department of Economic and Social Affairs UNDRIP United Nations Declaration on the Rights of Indigenous Peoples VBNC Voisey's Bay Nickel Company VMI Viceministry for Intercultural Affairs – Peru List of tables Table 1 Prior consultation within the stages of the mining cycle in Chile 19 Table 2 Stages of the SEA consultation process with Indigenous Peoples in Chile 21 Table 3 Consultations within the stages of the mining cycle in Peru 24 Table 4 Stages of the prior consultation process applicable to mining in Peru 25 List of annexes Annex 1 International sources and standards on prior consultation and FPIC 62 Annex 2 Requirements of industry standards 64 Annex 3 Examples of indigenous protocols 66 Annex 4 Legal consultation requirements in relation to mining projects in Chile 67 Annex 5 Legal consultation requirements in relation to mining projects in Peru 69 Annex 6 Prior consultations on mining in Chile – finished and pending 71 Annex 7 Prior consultations on mining in Peru – finished and pending 74 Annex 8 Mining-related social conflicts and litigation in Chile and Peru involving Indigenous Peoples and FPIC (2010-2020) 80 Annex 9 Legal consultation requirements in relation to mining projects in Canada 92 6 | Free Prior Informed Consent (FPIC) in the mining sector Foreword | 7 Foreword The debate on Indigenous Peoples’ right to consul- Indigenous Peoples without their free, prior, and in- tation and the principle of free, prior, and informed formed consent. 3 consent (FPIC) has taken a central place in the dis- course on development and mining and the design of More than thirty years after the adoption of C169, and responsible supply chains. How do responsible min- more than ten years after passing UNDRIP, the opera- ing practices that respect indigenous rights look like? tionalization of FPIC in the mining sector is – as vari- ous UN human rights bodies have documented – still More than 42 million self-identified Indigenous Peo- contested. Similarly, the implementation of the right ples live in Latin America, making up about 8% of the to consultation, enshrined in C169 and UNDRIP, con- population. Despite the efforts to promote their visi- tinues to face
Load more

Recommended publications
  • The Future of Hydropower in Chile
    Journal of Energy & Natural Resources Law ISSN: 0264-6811 (Print) 2376-4538 (Online) Journal homepage: https://www.tandfonline.com/loi/rnrl20 The Future of Hydropower in Chile Lawrence Susskind, Teodoro Kausel, José Aylwin & Elizabeth Fierman To cite this article: Lawrence Susskind, Teodoro Kausel, José Aylwin & Elizabeth Fierman (2014) The Future of Hydropower in Chile, Journal of Energy & Natural Resources Law, 32:4, 425-481, DOI: 10.1080/02646811.2014.11435370 To link to this article: https://doi.org/10.1080/02646811.2014.11435370 Published online: 03 Jun 2015. Submit your article to this journal Article views: 101 View Crossmark data Citing articles: 6 View citing articles Full Terms & Conditions of access and use can be found at https://www.tandfonline.com/action/journalInformation?journalCode=rnrl20 425 The Future of Hydropower in Chile Lawrence Susskind, Teodoro Kausel, José Aylwin and Elizabeth Fierman*† Existing legal and regulatory frameworks in Chile do not ensure adequate opportunities to address the trade-offs associated with hydropower effectively. As a result, hydro projects have become the focus of intense public protests and legal disputes. This article provides a historical overview of hydro development in Chile, and then analyses three elements of Chile’s hydropower ‘problem’: the need for improved governance of the electricity and water sectors, more comprehensive and timely environmental and social impact assessment, and fuller respect for the rights of indigenous peoples affected by hydropower projects. * Lawrence Susskind is Ford Professor of Urban and Environmental Planning at the Massachusetts Institute of Technology, Director of the MIT Science Impact Collaborative, Vice Chair of the Program on Negotiation at Harvard Law School and Founder and Chief Knowledge Officer of the Consensus Building Institute.
    [Show full text]
  • Nunca Más Meets #Niunamenos— Accountability for Pinochet-Era Sexual Violence in Chile
    NUNCA MÁS MEETS #NIUNAMENOS— ACCOUNTABILITY FOR PINOCHET-ERA SEXUAL VIOLENCE IN CHILE Caroline Davidson* ABSTRACT Chile has been held up as a transitional justice success story. Emerging from a repressive dictatorship to democracy, it has made meaningful progress in grappling with brutal human rights violations through truth commissions and, more recently, criminal trials. Yet, the Chilean human rights prosecutions have a glaring hole. Courts have convicted scores of state agents for enforced disappearance, execution, and torture (or their equivalents in Chilean law at the time), but have failed to meaningfully address sexual violence crimes, even though almost all women detained by the regime were victims of some form of sexual violence, and many were raped. Recent, however, the issue seems to be gaining more judicial attention. This Article explores the question why it has taken so long for Chilean courts to reach the issue of dictatorship-era sexual violence. The reasons include the “pacted” Chilean transition, deficiencies in Chilean criminal law and procedures on sexual violence, lack of resources for sexual violence prosecutions, normalization of violence against women, and the reluctance of survivors to come forward when the likelihood of success was exceedingly low. The Article also examines the confluence of cultural and legal forces—perhaps most importantly, feminist mobilization and greater judicial openness to * Associate Professor, Willamette University, College of Law. I would like to thank the University of Chile’s Faculty of Law for welcoming me as a visiting scholar in 2017–2018 and Willamette University for supporting my sabbatical research. I also must thank fellow participants in the American Society for International Law’s research forum for their valuable suggestions on an early draft of this article, in particular Jorge Contesse.
    [Show full text]
  • Lessons from Chile for Allocating Indigenous Water Rights in Australia
    1130 UNSW Law Journal Volume 40(3) 9 BEYOND RECOGNITION: LESSONS FROM CHILE FOR ALLOCATING INDIGENOUS WATER RIGHTS IN AUSTRALIA ELIZABETH MACPHERSON I INTRODUCTION Australian water law frameworks, which authorise water use, have historically excluded indigenous people. Indigenous land now exceeds 30 per cent of the total land in Australia.1 Yet indigenous water use rights are estimated at less than 0.01 per cent of total Australian water allocations.2 In the limited situations where water law frameworks have engaged with indigenous interests, they typically conceive of such interests as falling outside of the consumptive pool’3 of water applicable to commercial uses associated with activities on land such as irrigation, agriculture, industry or tourism.4 The idea that states must recognise’ indigenous groups, and their ongoing rights to land and resources, has become the central claim of the international indigenous rights movement. 5 Claims for recognition of indigenous land and resource rights are the logical outcome of demands for indigenous rights based on ideas of reparative’ justice.6 The colonisers failed to recognise indigenous rights to land and resources at the acquisition of sovereignty, the argument goes, and the remedy is to recognise those rights now. The dominant legal mechanism BCA, LLB (Hons) (VUW), PhD (Melbourne), Lecturer, School of Law, University of Canterbury. This research was carried out while the author was undertaking a PhD at the University of Melbourne. All translations have been made by the author, with italics used for Spanish language terms. 1 Jon Altman and Francis Markham, Values Mapping Indigenous Lands: An Exploration of Development Possibilities’ (Paper presented at Shaping the Future: National Native Title Conference, Alice Springs Convention Centre, 35 June 2013) 6.
    [Show full text]
  • International Covenant on Civil and Political Rights
    UNITED NATIONS CCPR International Covenant on Distr. Civil and Political Rights GENERAL CCPR/C/SR.1734 17 February 2000 ORIGINAL: ENGLISH HUMAN RIGHTS COMMITTEE Sixty-fifth session SUMMARY RECORD OF THE 1734th MEETING Held at Headquarters, New York, on Wednesday, 24 March 1999, at 3 p.m. Chairperson: Mr. BHAGWATI CONTENTS CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT (continued) This record is subject to correction. Corrections should be submitted in one of the working languages. They should be set forth in a memorandum and also incorporated in a copy of the record. They should be sent within one week of the date of this document to the Chief, Official Records Editing Section, room DC2-750, 2 United Nations Plaza. Any corrections to the records of the public meetings of the Committee at this session will be consolidated in a single corrigendum, to be issued shortly after the end of the session. 00-28724 (E) /... CCPR/C/SR.1734 English Page 2 The meeting was called to order at 3.10 p.m. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT (continued) Fourth periodic report of Chile (continued) (CCPR/C/95/Add.11) At the invitation of the Chairperson, Mr. Salinas, Mr. Tapia, Mr. Troncoso, Ms. Bertoni and Mr. Arevalo (Chile) took places at the Committee table. 1. The CHAIRPERSON invited the members of the Committee to resume their questioning of the delegation. 2. Ms. EVATT observed that, despite its good intentions, the Government of Chile would be unable to comply fully with its obligations under the Covenant without significant changes in the domestic law and even in the Constitution aimed at ensuring that all political power in Chile passed into the hands of democratic institutions.
    [Show full text]
  • Claude Reyes V. Chile
    Order of the Inter-American Court of Human Rights Case of Claude-Reyes et al. v. Chile Judgment of September 19, 2006 (Merits, Reparations and Costs) In the Case of Claude Reyes et al., the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or “the Court”), composed of the following judges:* Sergio García Ramírez, President Alirio Abreu Burelli, Vice President Antônio A. Cançado Trindade, Judge Cecilia Medina Quiroga, Judge Manuel E. Ventura Robles, Judge, and Diego García-Sayán, Judge; also present, Pablo Saavedra Alessandri, Secretary, and Emilia Segares Rodríguez, Deputy Secretary pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”) and Articles 29, 31, 56 and 58 of the Rules of Procedure of the Court (hereinafter “the Rules of Procedure”), delivers this judgment. I INTRODUCTION OF THE CASE 1. On July 8, 2005, in accordance with the provisions of Articles 50 and 61 of the American Convention, the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”) lodged before the Court an application against the State of Chile (hereinafter “the State” or “Chile”). This application originated from petition No. 12,108, received by the Secretariat of the Commission on December 17, 1998. * Judge Oliver Jackman did not take part in the deliberation and signature of this judgment, because he advised that, due to circumstances beyond his control, he would be unable to participate in the seventy-second regular session of the Court. -2- 2. The Commission submitted the application for the Court to declare that the State was responsible for the violation of the rights embodied in Articles 13 (Freedom of Thought and Expression) and 25 (Right to Judicial Protection) of the American Convention, in relation to the obligations established in Articles 1(1) (Obligation to Respect Rights) and 2 (Domestic Legal Effects) thereof, to the detriment of Marcel Claude Reyes, Sebastián Cox Urrejola and Arturo Longton Guerrero.
    [Show full text]
  • Report of a Delegation of the Association of the Bar of the City of New York and the International Bar Association
    American University Washington College of Law Digital Commons @ American University Washington College of Law Articles in Law Reviews & Other Academic Journals Scholarship & Research 1987 Human Rights and the Administration of Justice in Chile: Report of a Delegation of the Association of the Bar of the City of New York and the International Bar Association Diane Orentlicher Follow this and additional works at: https://digitalcommons.wcl.american.edu/facsch_lawrev Part of the Human Rights Law Commons, and the International Law Commons Human Rights And The Administration Of Justice In Chile: REPORT OF A DELEGATION OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK AND OF THE INTERNATIONAL BAR ASSOCIATION By WILLIAM D. ZABEL, DIANE ORENTLICHER AND DAVID E. NACHMAN* TABLE OF CONTENTS Page Preface 432 INTRODUCTION 433 SECTION 1: OVERVIEW 435 SECTION II: PROSECUTION OF HUMAN RIGHTS VIOLATORS 441 A. The "Quemados" Case 441 1. The Facts 441 2. The Prosecution 443 B. The "Degollados"/AGECH Case 448 1. The Facts 448 2. The Prosecution 448 C. The "Desaparecidos" Case 454 1. The Facts 454 2. The Investigation 454 3. Application of the Amnesty Law 457 D. The Mario Fernandez Case 460 1. The Facts 460 2. Amparo Proceedings 461 3. The Prosection 462 * The principal drafter of this report was David E. Nachman. THE RECORD SECTION III: PERSECUTION OF HUMAN RIGHTS LAWYERS 465 A. Luis Toro 468 B. Hector Salazar 470 C. Gustavo Villalobos and the Vicaria Doctors 471 D. Pamela Perreira 476 E. Enrique Palet 476 F. CODEPU 478 CONCLUSION 479 PREFACE By ROBERT M. KAUFMAN* This report is submitted to The Association of the Bar of the City of New York by a mission of lawyers appointed by the Association to visit Chile and inquire into the administration of justice in that country.
    [Show full text]
  • Formaciones Discursivas De La Corte Suprema De Chile Sobre Derechos Humanos En Dictadura Y Democracia, 1974-2009*
    Formaciones Discursivas de la Corte Suprema de Chile sobre Derechos Humanos en Dictadura y Democracia, 1974-2009*. Cristian A. Venegas Ahumada** Resumen. El objetivo es establecer si existen cambios cualitativos en la formación discursiva de la Corte Suprema de Chile sobre Derechos Humanos en Dictadura y Democracia (1974-2009). Es un corpus de 35 Discursos de Inauguración de Años Judiciales y dos Comunicados. El análisis de discurso evidencia diferencias: I. No Existió / existió una independencia limitada del Poder Judicial respecto del Poder Político. II. De la irregularidad a la regularidad en los procesos judiciales. III. Del parcial respeto a la ley y la justicia a su fortalecimiento y transparencia. IV. De la pérdida de legitimidad del Gobierno de Allende a la búsqueda de justicia y paz. Las conclusiones son: Frente al trauma social dictatorial, el “re-comienzo” es olvido en la memoria histórica. Palabras claves: Trauma social, formación discursiva, olvido, memoria histórica. Discursive Formations of Supreme Court of Chile about Human Rights in Dictatorship and Democracy, 1974-2009***. Abstract. The objective is to establish if there exist qualitative changes in the discursive formation of Supreme Court of Chile about Human Rights in Dictatorship and Democracy (1974-2009). The corpus consists of 35 opening speeches of Judicial Years and two announcements. The discourse analysis shows differences: I. It did not exist/ it existed a limited independence of Judicial Power regarding Political Power. II. Of irregularity to regularity of judicial processes. III. Of partial respect for the law and justice and its strengthening and transparence. IV. Of legitimacy loss of the Allende Government and the search of justice and peace.
    [Show full text]
  • The Misuse of Terrorism Prosecution in Chile: the Need for Discrete Consideration of Minority and Indigenous Group Treatment in Rule of Law Analyses, 6 Nw
    Northwestern Journal of International Human Rights Volume 6 | Issue 1 Article 3 Fall 2008 The iM suse of Terrorism Prosecution in Chile: The Need for Discrete Consideration of Minority and Indigenous Group Treatment in Rule of Law Analyses Noah Bialostozky Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njihr Recommended Citation Noah Bialostozky, The Misuse of Terrorism Prosecution in Chile: The Need for Discrete Consideration of Minority and Indigenous Group Treatment in Rule of Law Analyses, 6 Nw. J. Int'l Hum. Rts. 81 (2008). http://scholarlycommons.law.northwestern.edu/njihr/vol6/iss1/3 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Human Rights by an authorized administrator of Northwestern University School of Law Scholarly Commons. Copyright 2007 by Northwestern University School of Law Volume 6, Number 1 (Fall 2007) Northwestern Journal of International Human Rights The Misuse of Terrorism Prosecution in Chile: The Need for Discrete Consideration of Minority and Indigenous Group Treatment in Rule of Law Analyses Noah Bialostozky* I. INTRODUCTION ¶1 Chile’s misuse of the label of terrorism should not shield the government from accountability for human rights violations against the indigenous Mapuche. Despite significant progress in its transition to democracy, the prosecution of Mapuche under the Prevention of Terrorism Act (“Terrorism Act”), for acts not internationally considered to be terrorism, has caused significant erosion of rule of law principles in Chile. Rule of law principles continue to emerge as important barometers for national compliance with international human rights.
    [Show full text]
  • Palamara-Iribarne V. Chile
    INTER-AMERICAN COURT OF HUMAN RIGHTS CASE OF PALAMARA-IRIBARNE V. CHILE JUDGMENT OF NOVEMBER 22, 2005 (Merits, Reparations, and Costs) In the case of Palamara-Iribarne, The Inter-American Court of Human Rights (hereinafter “the Inter-American Court”, “the Court” or “the Tribunal”), composed of the following judges:* Sergio García-Ramírez, President; Alirio Abreu-Burelli, Vice-President; Oliver Jackman, Judge; Antônio A. Cançado Trindade, Judge; Manuel E. Ventura-Robles, Judge; Diego García-Sayán, Judge; also present, Pablo Saavedra-Alessandri, Secretary, and Emilia Segares-Rodríguez, Deputy Secretary; delivers the following judgment pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights (hereinafter “the Convention” or “the American Convention”) and Articles 29, 31, 56 and 58 of the Rules of Procedure of the Court (hereinafter “the Rules of Procedure”). I INTRODUCTION TO THE CASE 1. On April 13, 2004, pursuant to the provisions of Articles 50 and 61 of the American Convention, the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”) filed before the Court an application against the Republic of Chile (hereinafter “the State” or “Chile”) originating in petition No. 11,571, filed before the Secretariat of the Commission on January 16, 1996. 2. The Commission filed an application requesting the Court to decide whether the State had violated Articles 13 (Right to Freedom of Expression) and 21 (Right to Property) of the American Convention, with relation to the obligations set forth in Articles 1(1) (Obligation to Respect Rights) and 2 (Obligation to Adopt Domestic Law Measures) thereof, to the detriment of Humberto Palamara-Iribarne.
    [Show full text]
  • I109s World Bank Technical Paper Number 280
    C/ Tp3Ao _____ __ ~AG. I109S WORLD BANK TECHNICAL PAPER NUMBER 280 Judicial Reform in Latin America Public Disclosure Authorized and the Caribbean Proceedings of a WorldBank Conference Edited by Malcom Rowat, Waleed H. Malik, and Maria Dakolias Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized RECENT WORLD BANK TECHNICAL PAPERS No. 204 Barghouti, Cromwell, and Pritchard, editors, AgriculturalTechnologiesfor Market-Led Development Opportunitiesin the 1990s No. 205 Xie, Kuffner, and Le Moigne, Using WaterEfficiently: Technological Options No. 206 The World Bank/FAO/UNIDO/lndustry Fertilizer Working Group, Worldand RegionalSupply and Demand BalancesforNitrogen, Phosphate, and Potash,1991/92-1997/98 No. 207 Narayan, ParticipatoryEvaluation: Tools for ManagingChange in Waterand Sanitation No. 208 Bindlish and Evenson, Evaluationof the Performanceof T&V Extensionin Kenya No. 209 Keith, PropertyTax: A PracticalManual for AnglophoneAfrica No. 210 Bradley and McNamara, editors, Living with Trees:Policiesfor Forestry Management in Zimbabwe No. 211 Wiebers, IntegratedPest Managementand PesticideRegulation itn Developing Asia No. 212 Frederiksen, Berkoff, and Barber, WaterResources Management in Asia, VolumeI: Main Report No. 213 Srivastava and Jaffee, Best PracticesforMoving Seed Technology:New Approachesto Doing Business No. 214 Bonfiglioli,Agro-pastoralism in Chadas a Strategyfor Survival:An Essayon the Relationshipbetween Anthropologyand Statistics No. 215 Umali, Irrigation-InducedSalinity: A GrowingProblemfor Development and the Environment No. 216 Carr, Improving CashCrops in Africa:Factors Influencing the Productivityof Cotton, Coffee,and TeaGrown by Smallholders No. 217 Antholt, Getting Readyforthe Twenty-FirstCentury: Technical Change and InstitutionalModernization in Agriculture No. 218 Mohan, editor, Bibliographyof Publications:Technical Department, Africa Region,July 1987 to December1992 No. 219 Cercone, Alcohol-RelatedProblems as an Obstacleto the Developmentof HfumanCapital: Issues and PolicyOptions No.
    [Show full text]
  • Global Perspectives on Covid-19 Vaccination COVID-19 Vaccination in Chile
    E-PAPER Global perspectives on Covid-19 vaccination COVID-19 vaccination in Chile BY JUAN JORGE FAUNDES PEÑAFIEL, ANDREA LUCAS GARÍN AND GLORIA LILLO ORTEGA Published by the Heinrich-Böll-Stiftung European Union, Brussels and the Heinrich-Böll-Stiftung Washington, DC, June 2021 About the authors Juan Jorge Faundes Peñafiel is a research professor at the law faculty of the Universidad Autónoma de Chile. He is trained as lawyer, with a PHD in Social and Political Science from ARCIS University, Santiago, Chile. He is a legally qualified attorney at the Supreme Court of Chile. His research focuses on human rights, vulnerable groups and indigenous peoples’ rights. Andrea Lucas Garín is a Lawyer and Specialist in Public Law from the National University of Córdoba, Doctor in Law and Social Sciences from the same University. She obtained a Master in International Law from the University of Heidelberg and the University of Chile. She currently serves as Director of the Law Research Institute of the Chile Autonomous University in Santiago. Gloria Lillo Ortega is a Program Coordinator for the Heinrich Böll Foundation, Southern Cone Bureau. She has been involved with public policies in academia, government agencies and civil society for more than 10 years, contributing to different studies and publications that address climate action, water governance and energy transition in Latin America. Contents Background 5 Sociopolitical context 5 Institutional context 6 The pandemic in Chile 7 Evolution of indicators 7 Measures 9 The Chilean vaccination strategy 12 Vaccine supply 12 Vaccination campaign 14 Conclusions 18 References 20 Background The illness identified as SARS-CoV-2, known also as the coronavirus or COVID-19, has become Chile’s most consequential public health challenge in a century.
    [Show full text]
  • REPORT No. 119/131 CASE 12.500 OMAR MALDONADO VARGAS, ALVARO YÁNEZ DEL VILLAR, MARIO ANTONIO CORNEJO, ET AL
    REPORT No. 119/131 CASE 12.500 OMAR MALDONADO VARGAS, ALVARO YÁNEZ DEL VILLAR, MARIO ANTONIO CORNEJO, ET AL. CHILE November 8, 2013 I. SUMMARY 1. On April 15, 2003, the Corporación de Promoción de Defensa de los Derechos del Pueblo [Corporation for the Promotion and Defense of People’s Rights] (CODEPU), headquartered in Chile, and the International Federation for Human Rights (“FIDH”), headquartered in France, filed a petition with the Inter-American Commission for Human Rights (hereinafter “the Inter-American Commission,” “the Commission,” or “the IACHR”) on behalf of 12 former members of the Chilean Air Force (hereinafter FACH), who had also filed a petition on their own behalf (hereinafter the 12 petitioners or alleged victims).2 In the petition it is alleged that the 12 petitioners, former FACH members, had been tried and convicted of the crimes of treason, dereliction of military duty, disclosure and extra official knowledge of secret documents, and conspiracy and promotion of sedition by two courts martial [Consejos de Guerra] charged with trying certain offenses in times of war, in the context of military criminal proceeding that had been opened. That proceeding was conducted after the military coup of September 11, 1973, in connection with facts that had occurred prior to that date, as a retaliation for his opposition to the coup d’état .3 2. The crux of the complaint is the denial of justice the petitioners allege to have suffered as a result of the Supreme Court decisions, for which they assign international responsibility of the Republic of Chile (hereinafter “the State” or “the Chilean State”) as the result of the decision of the Supreme Court of Chile (hereinafter “Supreme Court”) to refrain from nullification of the convictions imposed.
    [Show full text]