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October 20, 2022
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“Adhere to the regulations”: the Comptroller’s opinion for INDH activity on “informed voting” ahead of the plebiscite

The Comptroller General of the Republic (CGR) called on the National Human Rights Institute (INDH) to “adhere to the regulations”, regarding an activity carried out by the agency in August -in the commune of Angol-, whose objective was to promote the informed vote in the face of the constitutional plebiscite.

The CGR issued the report – revealed by Radio Bio Bio– after a person -whose identity is being withheld- denounced an activity of the INDH that “would have violated the principle of impartiality”. The regional headquarters of La Araucanía held the act on August 17, 2022. It was attended by the ex-conventional Manuela Royo, Rosa Catrileo Y Francisca Linconao.

The control body required a report from the director of the INDH, Consuelo Contreras, about the fact. Contreras pointed out that the headquarters of La Araucanía, “in the framework of the usual functions of defense and promotion of human rights, organized a discussion on human rights, with the purpose of promoting the informed vote of the people”.

Regarding the act, the Comptroller’s Office concluded that “although among the functions of the INDH are those related to the promotion, protection and dissemination of human rights, it is not considering within those Administration agencies that are responsible for ‘promoting the informed vote of the people’.

The control body also pointed out that the INDH must “adopt the necessary measures so that, in the future, its actions comply with the provisions of the regulations and jurisprudence outlined.”

CGR arguments

The CGR recalled that its instructions on the exit plebiscite indicate: “authorities, headquarters and officials, whatever their hierarchy, and regardless of the legal status that governs them, in the performance of the public function they exercise, they must not promote any of the positions of the plebiscite, nor associate the activity of the respective body with any of them”.

Nor could they “exercise influence over other employees or individuals with the same purpose or, in general, use their authority or position to favor or harm some of the plebiscite propositions,” he adds.

In turn, they pointed out, within the framework of the instructions, that the ministries of the Segegob, Segpres, Social Development, and the Administrative Directorate of the Presidency, could report on the importance of the vote, complying with due impartiality.

When consulted on the opinion of the Comptroller, the INDH indicated that “the call and what was presented by officials during the day focused on our functions of promoting human rights, based on the regulations and standards of international human rights law.”

“Due to all of the above, we will request a reconsideration of the comptroller’s opinion, to clarify the scope of our powers within the framework of the dissemination and promotion of human rights,” they told the aforementioned media outlet.

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