Introduction
In March 2024, Chile was reviewed by the UN Human Rights Committee around its record in implementing the International Covenant on Civil and Political Rights. The Committee highlighted some concerns around restrictions on civic freedoms and made recommendations in its Concluding Observations (CCPR/C/CHL/CO/7), including:
- The State must ensure its laws and procedures on the use of force, firearms and less-lethal weapons comply with UN standards, while holding all law enforcement, including senior officers, accountable for human rights violations.
- Victims should have access to justice and comprehensive reparations and efforts to prevent impunity must be strengthened. Investigations into excessive force must be thorough and impartial, with adequate resources provided, and law enforcement officers must receive proper training on the principles of legality, necessity and proportionality.
- The State should collect and publish disaggregated data on police violence, and revise Act No. 21.560 to meet international human rights standards.
- The State party should repeal Supreme Decree No. 1.086 on public gatherings and ensure that any legislative reforms align with Article 21 of the Covenant and the Committee’s general comment No. 37 (2020), prioritising the protection of citizens’ freedom of peaceful assembly.
In April 2024, the UN Human Rights Council reviewed Chile during the fourth cycle of the Universal Periodic Review (UPR). The UPR is a UN process that reviews the human rights records of all member states. Notably, the country received some recommendations on civic space freedoms, such as:
- Ensure prompt, impartial investigations into excessive use of force during the 2019 protests, provide appropriate compensation and prosecute perpetrators.
- Strengthen law enforcement accountability mechanisms and address outstanding human rights violations cases.
- Align Chile's anti-terrorism law with international standards to prevent the unjust criminalisation of Indigenous people.
- Adopt protocols to protect human rights defenders, journalists and their freedoms.
#UPR46 | HOY en @UNGeneva
— United Nations Human Rights Council (@UN_HRC) April 30, 2024
Examen de la situación de los derechos humanos en #Chile por el grupo de trabajo del Examen Periódico Universal del Consejo de derechos humanos de la 🇺🇳@ONU_es.
⏲️09:00 (GMT+2)
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📺Véalo aquí ⤵️
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Peaceful Assembly
Protesters detained during demonstration against Huachipato steel plant closure
On 4th April, the Carabineros—national law enforcement gendarmerie— detained at least five people during a protest organised by workers from Huachipato, Chile’s primary steel producer, calling for measures to prevent its closure due to bankruptcy caused by competition from Chinese steel imports.
The Carabineros reported that the protesters used barricades to block the main entrance to the company in Talcahuano, 500 kilometres south of Santiago. The incident was confirmed by the president of the N1 union, Héctor Medina, who said that the Carabineros had arrested them for disturbing the entrance to the plant.
A few weeks earlier, on 19th March 2024, Huachipato indefinitely suspended operations, citing financial difficulties over the past decade and insufficient anti-dumping measures against Chinese steel.
Cinco trabajadores de la Siderúrgica Huachipato fueron detenidos la mañana de este jueves en medio de las protestas por el cierre de la usina en Talcahuano: https://t.co/1oCZ1G5dXm pic.twitter.com/tJCeOdhTyP
— Sabes.cl (@Sabescl) April 4, 2024
Labour day protest
On 1st May, International Workers’ Day, thousands marched through central Santiago, demanding fair wages, dignified pensions and improved working conditions. The Central Unitaria de Trabajadores (CUT), Chile’s largest trade union, led the protest, calling for an increase in the minimum wage and long-overdue pension reform.
Although Chile’s minimum wage is one of the highest in Latin America, it remains below the standards of OECD countries. CUT President David Acuña emphasised the need for wage equity and criticised the lack of progress on pension reform, which has left many retirees with inadequate support. The march also addressed precarious working conditions and called for recognition of caregivers as workers. President Boric defended the new law reducing the work week from 45 to 40 hours, which will be fully implemented by 2029, stating that work should support life, not dominate it.
Although most demonstrations were peaceful, isolated clashes occurred between masked individuals and police along the Alameda, particularly at the intersections of Cumming, Brasil and República streets. Carabineros reported an attempted looting of a pizza shop, which was prevented by police, and further confrontations at Estación Central. Several Metro stations were temporarily closed due to the unrest, with services resuming later in the day.
Carabineros confirmed the arrest of 16 people. Among them, five were detained for carrying incendiary devices, three for public disorder and two for robbery with intimidation and possession of a firearm. Other detentions were related to theft, drug offences and identity fraud.
Housing protest in Peñalolén leads to detention of eight women, including a minor
On 29th May, around 300 residents of Lo Hermida protested the lack of affordable housing due to rising rent prices in the capital city. Protesters gathered at a roundabout beneath a bridge, where eight women hanged themselves with harnesses. One woman fainted and was rescued, after which the Carabineros detained all eight, including a 15-year-old teenager.
Juan Vera, president of the Autonomous Housing Movement, stated that the protest was aimed at opposing Mayor Carolina Leitao’s regulatory plan, which protesters have claimed “favours property developers.”
Williche Women Protest in Chiloé
On 10th June, Williche women from the Mapuche Kasike Pairo de Apeche community chained themselves to the offices of the Provincial Presidential Delegation in Chiloé, protesting ongoing threats to their lives and the inaction of authorities. The protest drew attention to the community’s long-standing fight against violence and the lack of state protection for their ancestral land rights.
Since 2006, the community has faced repeated violence, including death threats and attempted kidnappings, linked to their resistance to illegal logging in Chiloé, which threatens their ancestral lands. Despite over 60 reported incidents, investigations have been closed without resolution and protective measures have failed to ensure the community’s safety.
This situation is part of a broader historical conflict over land dispossession and the exclusion of Williche women from their ancestral rights. Idalba Nauta Pairo, an elderly member of the community, was forcibly evicted from her land more than 20 years ago. The women were violently removed from their homes, which were then burned and their animals killed. Although they hold ancestral rights to the land, they have been excluded from land titling processes, allegedly due to institutional complicity.
The women also accuse local authorities of institutional violence, reporting mistreatment and indifference from Provincial Presidential Delegate Marcelo Malagueño, who refused to meet with them during the protest. They further allege that the mayor of Queilén mocked their cultural heritage and surnames.
The women have called on President Gabriel Boric to intervene, seeking protection for their lives, recognition of their land rights, and the return of their ancestral land to Idalba Nauta Pairo. Community leader Manuel Rauque urged immediate action to prevent further harm to Williche women in Chiloé.
Violence disrupts Santiago Pride March
On 28th June, over 30,000 marched in Santiago, marking 25 years since the decriminalisation of homosexuality in Chile. Organised by ‘Fundación Iguales and the Movement for Homosexual Integration and Liberation (Movilh)’, the event highlighted ongoing issues faced by the LGBTQI+ community, including discrimination, violence and exclusion.
Movilh President, Rolando Jiménez, underscored the need to reform the Zamudio Law to strengthen anti-discrimination protections. Despite legislative progress, LGBTQI+ individuals continue to experience violence and marginalisation. Civil society organisations called for robust anti-discrimination laws and greater efforts to combat bullying in schools, which disproportionately affects LGBTQI+ youth.
During the march, police detained five people—three for outstanding warrants and two for altercations. While the event was largely peaceful, it was disrupted by a violent attack from hooded men who targeted participants, throwing stones, damaging property and physically assaulting activists.
Association
Chilean government approves National Plan for implementing the Escazú Agreement
On 15th April 2024, Chile’s Council of Ministers for Sustainability and Climate Change approved the National Plan for the Participatory Implementation of the Escazú Agreement (PIPE). Two months later, on 28th June, the Ministry of Environment issued the Resolution approving the National Plan for the Participatory Implementation of the Escazú Agreement in Chile 2024-2030 (Exempt Resolution No. 2.256).
This plan outlines 56 specific actions to enhance access to environmental information, public participation in environmental decision-making and access to environmental justice. It also prioritises the protection of human rights defenders in environmental matters. Developed by the Ministry of Environment in collaboration with various public institutions and civil society organisations, the plan was shaped through early public participation and consultation. It focuses on five key pillars: access to environmental information, public participation, access to justice, protection of environmental human rights defenders, and capacity building.
The plan recognises the risks faced by environmental defenders and proposes measures to improve their safety, including training public officials and evaluating protection needs. Additionally, the Ministry of Justice introduced a Human Rights Defenders Protocol to create safer environments for those defending human rights in environmental contexts.
According to official information, PIPE will also promote the inclusion of vulnerable groups, such as indigenous peoples, women and children, in environmental decision-making processes. This initiative aligns with the core principles of the Escazú Agreement, which aims to ensure transparent and inclusive governance to address environmental challenges while safeguarding human rights.
Expression
Journalist faces criminal persecution and harassment
On 22nd April 2024, journalist Josefa Barraza faced an initial hearing in Santiago regarding a defamation lawsuit brought against her by former congresswoman Andrea Molina. As reported by Women Press Freedom, the lawsuit, which stems from Barraza’s reporting on Molina’s role in the municipality of La Reina, accuses the journalist of libel. This legal action follows a 2017 investigation in which Molina was one of over 40 parliamentarians identified for soliciting advisory reports containing plagiarised material.
Molina is pursuing legal action under Chile’s criminal defamation laws, which could see Barraza face a prison sentence of one to three years. With Chile set to host the World Press Freedom Day conference in Santiago, the case raises important questions about balancing reputational protection with safeguarding press freedom.
One month later, on 28th May, Radio Biobío published a report containing WhatsApp messages involving Héctor Llaitul, leader of the Coordinadora Arauco Malleco, as part of the evidence leading to his 23-year prison sentence. The report also included communications between Llaitul and journalists, including El Ciudadano’s director, Josefa Barraza. She has been subjected to online harassment and threats following the publication of a report in a national media outlet.
El Ciudadano responded with an editorial accusing the prosecution and Radio Biobío of bias and violating journalistic confidentiality. The editorial highlighted concerns over the leak of confidential investigation documents by the Public Prosecutor’s Office, which named several journalists, including Barraza, who had contacted Llaitul as part of their professional duties.
Press freedom organisations expressed concern over the report’s lack of context and the breach of journalistic confidentiality. The report revealed sensitive information from a protected investigation, compromising the privacy of journalists engaged in legitimate professional work. The organisations called for an investigation into these threats by the Prosecutor’s Office and requested protective measures for the journalists, in line with the Inter-American Human Rights System. “Protecting press freedom and the safety of journalists is a responsibility shared by the State, the media and society as a whole.”
Mayoral candidate's remarks on investigative journalism spark concerns over press freedom
On 11th June, Santiago mayoral candidate Mario Desbordes discredited investigative journalism of journalist Mauricio Webel Barahona and the Centre for Investigative Journalism (CIPER), accusing them of “committing a crime” by publishing reportedly classified documents exposing corruption within the Chilean Army. Desbordes further claimed the media outlet was part of a “political operation” against him.
Reporters Without Borders (RSF) condemned this incident and raised concerns about inciting hostility towards the press and threatening the free exercise of journalism. “Such remarks also contradict international agreements on freedom of expression, which Chile and its representatives are required to respect.”
🇨🇱 #Chile: RSF rechaza las afirmaciones del actual candidato a alcalde de Santiago, Mario Desbordes, en entrevista a @CNNChile, que desacreditan y atacan el trabajo de investigación periodística de @mauricio_weibel y del medio @ciper. 👇 + https://t.co/jYYwYX6xMr
— RSF en español (@RSF_esp) June 13, 2024
Over half of 2023 press violations in Chile involved state actors
In 2023, the Observatorio de Derechos de la Comunicación (ODC) documented human rights violations against journalists in Chile, particularly amid growing political polarisation. ODC reported over 400 attacks on journalists since 2019, with 112 violations in 2023 alone, of which 56 per cent involved state actors.
Key concerns include violence against independent reporters covering protests, arbitrary detentions by the police and the misuse of defamation laws to stifle investigative journalism. One prominent 2023 case saw ‘Resumen’ newspaper’s director, Felipe Soto, sentenced to 61 days in prison for exposing municipal misconduct. Non-state actors have also contributed to the violence, including the shooting of a cameraman during the 50th anniversary of the coup against Salvador Allende, as reported by the Monitor.
Gender-based violence targeting journalists remains a concern, with ODC documenting sexual threats against the editor of ‘El Ciudadano’ during an investigation. Additionally, there has been a rise in digital attacks on LGBTQI+ people.
ODC called on the Chilean State to align its legal framework with international standards, prevent the misuse of defamation laws and urgently revise police protocols. A proposed law for journalist protection is currently under discussion in Congress.
Other developments
Santiago +30 Declaration: strengthening global commitment to freedom of expression
On 2nd May 2024, international and national press freedom organisations gathered in Santiago, Chile, to sign the ‘Santiago +30 Declaration’ in commemoration of World Press Freedom Day. The Declaration addresses the evolving political, social and technological challenges impacting journalism globally. It calls on states, intergovernmental organisations, technology companies, media outlets and journalists to engage in a collective effort to consolidate freedom of expression as a fundamental human right and a cornerstone of democratic and informed societies.
The signatories include the Inter-American Press Association (IAPA), the World Association of News Publishers (WAN-IFRA), the Committee to Protect Journalists (CPJ), and national media associations from nine Latin American and European countries, such as Spain, Portugal, Argentina, Chile, Brazil, Colombia, Mexico, Peru and Ecuador.
These journalist organisations are revisiting the ‘Santiago Declaration,’ initially published in 1994 under UNESCO’s auspices, to reaffirm their commitment to a free press, vibrant public discourse, and the strengthening of democratic societies in Ibero-America and the Caribbean.
“Santiago + 30 Declaration” is a call to consolidate freedom of expression as a fundamental human right https://t.co/UyfxXN1Fx8
— WAN-IFRA (@NewspaperWorld) May 2, 2024