Examen Periódico Universal: ¿Chile pasará la prueba?

Victoria Hurtado VFPor Victoria Hurtado, Subdirectora de Corporación Humanas.

El próximo 28 de enero, el Estado de Chile deberá someterse por segunda vez al Examen Periódico Universal (EPU), mecanismo del Consejo de Derechos Humanos de la ONU mediante el cual se vigila el cumplimiento de las obligaciones y compromisos en materia de DDHH de los 192 Estados miembros de Naciones Unidas.

Al rendir examen Chile tendrá que responder preguntas de los países integrantes del Consejo, en base a tres informes: el que el Estado presentó en noviembre pasado; el que compiló la ONU con todas las recomendaciones realizadas a Chile por los distintos órganos de Naciones Unidas; y el Informe de los Stakeholders (actores interesados) que incluye la información entregada por las organizaciones de la sociedad civil y por el Instituto Nacional de Derechos Humanos (INDH), sobre el nivel de cumplimiento de las recomendaciones del EPU 2009 por parte del Estado de Chile.

Entre las preocupaciones de las ONGs planteadas en el Informe Alternativo está la vigencia de la Ley de Amnistía, por lo que se recomienda derogarla y reabrir procesos penales por crímenes de lesa humanidad; la utilización de la Justicia Militar para el conocimiento de denuncias de violencia policial y de delitos comunes cometidos por uniformados contra víctimas civiles, por lo que se propone su reforma limitándola al conocimiento de delitos de función militar cometidos por militares en servicio activo; los abusos policiales en el marco de la protesta social, en que incluso niñas y adolescentes denuncian diversas formas de violencia sexual, desnudez forzada, tocaciones sexuales y golpes en genitales; la utilización discrecional y política de la Ley Antiterrorista por el Estado contra los mapuche y el allanamiento de sus comunidades, en que se cometen abusos y maltratos contra niños/as, adolescentes, mujeres y ancianos/as.

También preocupa la falta de medidas legislativas para asegurar la participación equilibrada de hombres y mujeres en la toma de decisiones públicas; la persistencia de la violencia contra las mujeres y su enfrentamiento con la ley Nº 20.066 que la aborda fragmentadamente en el ámbito judicial y mantiene deficiencias en su aplicación, como el requisito de “habitualidad” del maltrato; la penalización del aborto en todas sus formas y la ausencia de un debate democrático sobre el mismo, a pesar de las reiteradas recomendaciones al Estado que le han hecho los órganos supervisores de tratados.

En el ámbito institucional, se plantea impulsar el debate sobre Defensoría del Pueblo; elaborar un Plan Nacional de DDHH con amplia participación ciudadana; e implementar prontamente un Mecanismo Nacional de Prevención contra la Tortura.

En materia de diversidad sexual, se propone aprobar una ley sobre uniones civiles; legislar sobre matrimonio igualitario; y aprobar el proyecto de ley sobre identidad de género.

Al rendir el EPU, el Estado de Chile tiene una nueva oportunidad de comprometerse con las recomendaciones que le hagan sus pares en orden a garantizar el ejercicio pleno de los derechos humanos en Chile. Es de esperar que Chile pase el próximo examen, porque en el 2014 tiene altas probabilidades de reprobar.

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