The Chilean Commission on Human Rights (CChDH) filed a complaint on Monday with the United Nations High Commissioner for Human Rights, volker Turkaccusing that the “Agreement for Chile” – agreed on December 12 between the political parties and which enables a new constituent process – violates articles of the International Covenant on Civil and Political Rights.
The CChDH indicated in a statement that the “Agreement for Chile” violates “seriously” articles 1 and 25 of the International Covenant on Civil and Political Rights, “which enshrine the right to self-determination and seriously restricts the right of all persons in our country to participate in the management of public affairs and to have access to the public service”, they stated.
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In turn, they pointed out that the State of Chile signed and ratified the aforementioned treaty, “which brings with it the obligation of all State bodies and Branches to respect and duly comply with its rules as well as the resolutions, recommendations and general observations issued by the different specialized bodies of the system of international protection of Human Rights”.
The text of the complaint indicates that “from the perspective of Human Rights, it is not compatible with the right of self-determination of the Chilean people that 24 people not elected by popular vote write a draft of a constitutional project that should be the mandatory framework of work for the Constitutional Council”.
They also questioned whether “another designated body – the Admissibility Committee – authorizes, monitors and decides the admissibility of the proposals, declaring their compatibility or not with respect to the constitutional framework predetermined by the draft and the institutional bases.”
“All of this makes the Committee of Experts, together with the Technical Admissibility Committee, the guardians or custodians of the process without the sovereign citizenship having given them that faculty and power, thereby seriously violating popular sovereignty, restricting democracy and ignoring the constituent power originally held exclusively by the people of Chile,” the Commission added in the complaint.
Chilean Human Rights Commission denounces before the OHCHR that the terms of the so-called “Agreement for Chile” violate the Rights
— Chilean Human Rights Commission (@ComisionChilena) January 2, 2023