Gobierno de Piñera intentó dejar “amarrada” respuesta del Estado ante recomendaciones EPU sobre derechos humanos de mujeres, niños e indígenas


• Ex administración de Piñera no apoyó recomendaciones del Grupo de Trabajo del Examen Periódico Universal (EPU) que el Estado de Chile rindió en enero pasado, referidas a derechos sexuales y reproductivos.

• Sólo “tomó nota” de recomendaciones referidas a la aprobación del Protocolo Facultativo de la CEDAW y a asegurar la representación equilibrada de mujeres en cargos públicos de decisión.

• Gobierno anterior desconoció acuerdo tomado con organizaciones de la sociedad civil en reunión realizada en Ginebra al día siguiente del EPU, en torno a revisar con el nuevo gobierno las recomendaciones recibidas.

A dos semanas del término de su mandato e intentando hacer amarres de última hora sobre decisiones que tienen importantes consecuencias en el respeto de los derechos humanos de las mujeres, niños(as) e indígenas, el Gobierno de Sebastián Piñera emitió la respuesta al informe del Grupo de Trabajo del Examen Periódico Universal del Consejo de DDHH (EPU), pero solo “tomó nota” de 30 recomendaciones y rechazó cumplir otras 12, entre ellas las referidas a aborto.

El 25 de febrero pasado, el anterior gobierno envió al Grupo de Trabajo del EPU el documento “Opiniones sobre las conclusiones y/o recomendaciones, compromisos voluntarios y respuestas presentadas por el Estado examinado”, elaborado bajo la dirección del entonces Ministro(s) de Justicia, Juan Ignacio Piña; redactado por el Ministerio de Relaciones Exteriores, con la participación del Ministerio de Justicia, Segpres y Segegob, con la aprobación de la Presidencia de la República de Sebastián Piñera.

En el documento de la antigua administración, Piñera sostiene que el Estado de Chile no comprometió para el próximo EPU el cumplimiento de 30 recomendaciones de un total de 185 formuladas por 84 Estados, “fundamentalmente por razones de orden constitucional, vinculadas a los procesos legislativos que dichas recomendaciones requieren”.

Es así que la antigua administración sólo “tomó nota” de dichas recomendaciones, como la aprobación del Protocolo Facultativo de la CEDAW o asegurar la representación equilibrada de mujeres en cargos públicos de decisión, argumentando que no puede comprometer su apoyo a estas recomendaciones para el próximo examen por requerir aprobación parlamentaria. Para la Presidenta de Corporación Humanas, Carolina Carrera, esta posición niega la importancia que tiene el accionar del Ejecutivo en los procesos legislativos, y que justamente la mayoría de las leyes aprobadas son aquellas que surgen de mensaje presidencial.

Asimismo, el ex gobierno concluyó que 13 de las recomendaciones realizadas por el Grupo de Trabajo del EPU “no cuentan con el apoyo de Chile, porque son incompatibles con los objetivos del EPU, con los principios constitucionales y orden jurídico interno”.

Entre las recomendaciones rechazadas se encuentran las que recomiendan al Estado de Chile iniciar un debate público sobre el aborto en caso de necesidad médica diagnosticada y despenalizarlo en esos casos (recomendación 121.135 del Grupo de Trabajo EPU del informe del 30 de enero); revisar su legislación vigente que penaliza la interrupción del embarazo en toda circunstancia, incluida en caso de violación, incesto y riesgo de vida para la madre (121.136), entre otras de la misma línea.

Cabe recordar que en el Examen Periódico Universal (EPU) que rindió el Estado de Chile en Ginebra en enero del presente año, los países integrantes del Consejo de Derechos Humanos recogieron gran parte de las recomendaciones y preguntas propuestas por organizaciones de la sociedad civil chilenas en el “Informe Conjunto de la Sociedad Civil para el Examen Periódico Universal”, sobre el nivel cumplimiento de las recomendaciones EPU al Estado de Chile en 2009.

El EPU es un examen entre pares, basado en el diálogo interactivo de los Estados que integran el Consejo de Derechos Humanos con el Estado examinado, en este caso Chile. Este mecanismo del Consejo de Derechos Humanos de las Naciones Unidas vigila el cumplimiento de las obligaciones y compromisos en materia de DDHH, de los 192 Estados miembros de la ONU.

Derechos Humanos

La Presidenta de Corporación Humanas, Carolina Carrera, cuestionó que “el ex gobierno de Piñera intente impedir que las mujeres chilenas ejerzan sus derechos civiles y políticos así como sexuales y reproductivos, al descartar ante la comunidad internacional el cumplimiento de las recomendaciones que le hicieran múltiples países durante el EPU, desconociendo, además, el acuerdo tomado con la sociedad civil en reunión realizada en Ginebra al día siguiente del EPU, en torno a revisar las recomendaciones recibidas con la próxima administración de gobierno”.

Recordó que durante el Examen al Estado de Chile, 11 países señalaron su preocupación o hicieron recomendaciones para que Chile revise su legislación en materia de aborto. Esto, en concordancia a observaciones y recomendaciones que órganos especializados de Naciones Unidas han realizado a Chile (Cedaw, CAT, Comité de Derechos de los/as Niños/as, Comité de Derechos Humanos, DESC, etc).

Por su parte, el Co-Director del Observatorio Ciudadano, José Aylwin, sostuvo que “la respuesta por parte de la administración anterior al Grupo de Trabajo del Examen Periódico Universal del Consejo de DDHH (EPU) es preocupante. Ella rompe con el principio de buena fe en que se basa el ejercicio del EPU, en que la gran mayoría de los Estados se compromete a avanzar en el cumplimiento de las recomendaciones que les son hechas, salvo en aquellos temas en que existan objeciones profundas”. Agregó que le preocupa, en particular, la objeción que se hace en relación a la recomendación de que se asegure que la Ley Antiterrorista no vulnere los derechos de las personas indígenas. Ello, en momentos que el Relator Especial de Naciones Unidas sobre DDHH en la lucha contra el terrorismo, Ben Emmerson, emite su informe de misión a Chile en 2013, dando cuenta de la vulneración de derechos de los mapuche por la aplicación sistemática de esta legislación.

La Directora Ejecutiva de Corporación Opción, Consuelo Contreras, sostuvo que es preocupante que la delegación chilena desconozca recomendaciones realizadas a Chile por distintos órganos de tratados y la comunidad internacional, más aún cuando dichas recomendaciones forman parte del Programa del gobierno recién asumido.

Afirmó que “es muy relevante que el Estado de Chile asuma con seriedad los compromisos internacionales adoptados en materia de respeto y garantía de los Derechos Humanos, como la necesidad de contar con una Ley de Protección Integral de Derechos de Niños, Niñas y Adolescentes y ratificar el Protocolo de Comunicaciones Directas en materia de derechos del niño. Todo lo anterior viene a corroborar lo relevante de implementar una política de Estado en materia de Derechos Humanos que no se vea afectada por visiones ideológicas de determinados gobiernos”.

En junio se debe adoptar el documento final con las recomendaciones aceptadas por el Estado de Chile, por lo que Corporación Humanas, Observatorio Ciudadano y Corporación Opción hacen un llamado al actual gobierno a que realice acciones ahora para enmendar esta situación, más aún cuando varias de las recomendaciones rechazadas por el gobierno de Piñera están incorporadas en su programa de gobierno.-

Posted in Noticias.

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