INTERNATIONAL INSTITUTIONS TO COMPLAIN
UNITED NATIONS AGAINST THE STATE OF CHILE CHILEAN DISCRIMINATION POLICY TO LIVING FOREIGN
SEND SIGNED BY: EXTENDING TERM UNTIL 21 APRIL 2007
According
the findings of the "Conference on the Right to Vote Chilenos en el Exterior", held at the University Academy of Christian Humanism in Santiago, Chile, International filed a Complaint to the Special Rapporteur for Human Rights of Migrants UN, on Wednesday 28 February.
To
other organizations adhere Chileans abroad and mobilized behind this claim, then deliver the document as it was presented to the Office of the High Commissioner for Human Rights United Nations, so that the reader knows the legal grounds that support it.
The Complaint was filed by the following organizations: Federation of Chilean residents in Argentina - FedACH, Inter-American Observatory on the Rights of Migrants - OCIM, University Academy of Christian Humanism - UAHC, and Center Development and Training - CEC.
Should adhere to this presentation, please send e-mail: secretario_fedach@tutopia.com membership expresses a note indicating the name of the organization compliant and the names of two (2) appropriate authorities . For individual membership, the name of the person and the number of their identity. Transmission of these accessions is extended until April 21, 2007, a request Chilean organizations should treat their monthly meeting. These accessions will be added to the presentation made to the United Nations.
FedACH Board
Santiago de Chile, February 7, 2007
FORMULA INTERNATIONAL COMPLAINT UN RAPPORTEUR.
LORD RAPPORTEUR
FOR HUMAN RIGHTS OF MIGRANTS
DOCTOR JORGE BUSTAMANTE
OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS.
UNITED NATIONS
PRESENT:
Along with greet you in the exercise of his high office, and more considerate and attentive, is that we come to ask you to kindly have denounced the fact that by then we inform and that is causing great impact national and international level, especially those directly affected and the networks and institutions working in the field of promotion of the rights of migrants.
This is discrimination effective denial of civil and political right to vote to Chileans living abroad made by the Chilean State.
This, in addition to a direct matters prejudice against certain national minorities, has been experienced by Chileans living abroad and recorded, thereby, their social organizations, including Chilean Federation of Residents Associations in Argentina FedACH, whose struggles have repleted file Chilean authorities both executive and legislative, has also been informed by the International System of Migratory Alerts OCIM, discussed in the meeting of scholars "Days for The Right to Vote Chileans Abroad at the University Academy of Christian Humanism last January, closely followed by the Training and Development Center CEC.
Chile The State guarantees the Right to Vote for Chilean citizens who are registered in the electoral rolls, as provided in Law 18,700 "Constitutional Act on Voting and Elections", but not for the Chileans who are resident in another country.
This is true even for Chileans registered on the electoral register but who reside either permanently or temporarily in another country despite the right of every person to participate in the election of governors and representatives of their nation.
Today
Chileans living abroad are u na estimated population of 877,000 people, according to the records of the National Institute of Statistics of Chile - INE, which means 5.5% of total the Chilean population.
The right to vote of citizens of one country residing in another, has been regulated in many national laws on our continent. Several States world have recognized this right as a form of expression of citizens' rights. Thus, the right to vote is a human right recognized in articles 15, 21 and 27 of the Universal Declaration of Human Rights and Articles 25 and 26 of the International Covenant on Civil and Political Rights, both ratified by Chile and currently enforceable and valid.
As the Political Constitution of the Republic of Chile, Article 4, "Chile is a democratic republic ", and as stated in Article 5 of the Constitution "sovereignty resides essentially in the nation. It is exercised by the people through plebiscites and periodic elections, and also by the authorities established by this Constitution ...".
"It is the duty of the organs of State to respect and promote those rights guaranteed by this Constitution and by international treaties ratified by Chile that are in force."
For its part, Article 6 of the Chilean Constitution states: "Bodies State must submit its action to the Constitution and the rules promulgated pursuant thereto, and guarantee the institutional order of the Republic. "" The provisions of this Constitution are binding on the holders or members of such bodies as any person, institution or group. "
Today the Chilean government is not providing full compliance with constitutional standards outlined above, and as a result, it is infringing the right of popular sovereignty, equality before the law, equal protection of the law in the exercise of rights and the right to freedom personal.
is stated in Article 13 Constitution of Chile, that sovereignty resides in the nation, and it is exercised through participation in the election of officers and also be able to run for them. The Chileans living abroad can not do. It also violates the right to equality before the law, the Chileans have different qualities: those who can vote because they reside in Chile and who can not vote because they are outside the country. Article 19 N º 2 of the Chilean Constitution, enshrines the right to equality before the law states: "Neither the law nor any authority may establish arbitrary differences. " is also in breach of the right enshrined in article 19 N º 3 of the Chilean Constitution, which refers to " equal protection of the law in the exercise of their rights. " , what which implies the obligation of the authorities of the Chilean State to enforce the exercise of citizenship rights. Finally to make differences in the exercise of the rights of Chileans live in the country, with those living outside the country, violates the right to personal liberty enshrined in article 19 N º 7 of the Chilean Constitution, which refers to freedom of residence and remain in the country or outside it. If you opt for the latter, you lose the rights of citizens in our country.
Another aspect to consider in the unequal treatment of Chileans living abroad by Chilean State, is referred to the conditions required for citizenship as provided in Articles 10 and following, contained in Chapter II of the Chilean Constitution.
The article 13 states: "S on the Chilean citizens who are 18 years old and have not been sentenced to corporal punishment. "The quality of citizenship granted voting rights, eligibility for elective office, and others that the Constitution or law to confer." "For the Chilean referred to the numbers 2 and 4 of Article 10, the exercise of his rights of citizenship shall be subject to who obtained resident in Chile for over a year. "
Here clearly is the unequal treatment of Chileans who are born in the territory and the children of Chileans who are under the Chilean Constitution, but to be citizens are required to establish residence. This in many cases, it is a requirement that involves a clear economic and political discrimination.
The Constitution does not distinguish between the Chilean resident in Chile and that it is not. But the Chilean government does.
contradictory to the position adopted by the State of Chile with Chilean gives foreign migrants all administrative and police facilities to enable them to exercise their right to vote in their country and the Constitution (Article 14) may exercise the vote in all elections in Chile with 5 years of taking up residence, but does not recognize the right to vote of its own citizens, constituting a condition that violates equality before the law and international reciprocity. Clear manifestation of the inconsistency is that Chile has signed the Convention for the Protection of Migrant Workers and Their Families.
Even more serious is that the Chilean government has done nothing effective to solve this situation. E s necessary to inform, the Chilean Parliament, since the resumption of the democratic system (1990), until today, has been negotiating bills on this subject with subsequent indications from the Government. These projects have suffered from constitutional observations, limiting the suffrage of Chileans abroad only to presidential elections, not considering the election of deputies and senators, and municipal elections, so that the process is trapped repeatedly in a Chamber or stage legislative process. just been sent from his home projects are not viable, or that in the course of processing become unconstitutional. (Bulletin No. 268-07 Motion in the Senate and Deputies No. 3936-06 on). In this regard, available research political scientist, Bernardo Navarrete Yáñez, in the book "The right to vote of Chileans abroad", which attached.
Today, the fact is that no law exists to permit voting Chileans residing abroad, and less to their children born abroad. Chileans abroad have only the mere expectation that one day may vote by the authorities that govern and legislate in their country. It's just an illusion, a mere longing, while not approved a law that effectively embody the full right of participation of Chileans abroad.
This constitutes a failure of the Chilean state, he can not continue. Both the implementation of the act, as the omission of execution when it should be, and is a constitutional imperative of the state are equally serious.
Moreover, if the authorities and legislators of the country have been aware of what was previously reported for years, doing nothing to fix.
So it is that we have to bring this complaint to you, so as to request that you kindly:
1 .- Send a letter to the State of Chile, represented by its current government in which enjoin you to comply with national and international provisions cited above, that amount enable the exercise voting rights of Chileans residing abroad, asking the State of Chile to take all necessary measures such administrative, legal, parliamentary, so as to seek full voting rights of all Chileans residing abroad, in the shortest time possible. Establishing deadlines and milestones that the Chilean State, in implementing the measures.
2 .- Send this background for understanding the Committee on Civil and Political Rights, the High Commissioner for Human Rights United Nations.
3 .- Take any other measures because of the history of the case, deems appropriate.
Please can tell us the course of this complaint to each of the signers:
· The Chilean Federation of Residents in Argentina FedACH.
· The Inter-American Observatory on the Rights of Migrants OCIM
· Academy University UAHC of Christian Humanism.
· Center CEC Development and Training.
All organizations and institutions that in one way or another, have been engaged in discussions and analysis have taken place, regarding the exercise of voting rights of Chileans abroad.
Yours sincerely:
CARLOS MENDEZ President FedACH
Chilean Federation of Residents Associations in Argentina
DIEGO CARRASCOExecutive Director OCIM
Inter-American Observatory on the Rights of Migrants
JUAN RUZ Rector UAHC
University Academy of Christian Humanism
REYES ALEJANDRO Director CEC
Training and Development Center
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