Victim assistance commitments

The Republic of Chile is responsible for survivors of landmines and explosive remnants of war (ERW). Chile has made a commitment to provide victim assistance through the Mine Ban Treaty and Protocol V of the Convention on Conventional Weapons.

Casualties Overview

In 2013, the Monitor identified two casualties by antipersonnel landmines, both in the Arica and Parinacota region of Chile.[1] Both casualties were adult men, injured while crossing Chile’s border with Peru. One of the men wounded was a Peruvian national; the second was a Colombian national.[2]

The two casualties reported by media in 2013 represented a decrease compared with 2012; a total of five casualties were identified through media reports in 2012. Two of the casualties recorded in 2012, a Peruvian man and a military deminer, occurred in the same region of Chile as the two casualties identified in 2013. Prior to 2012, the last casualty reported in Chile was in 2007 when a man was killed by an antipersonnel mine while crossing the border with Peru.[3] The Monitor has identified 37 casualties (five killed and 32 injured) between 1999 and December 2013. As of March 2013, Chile recorded 140 people (28 killed and 112 injured) as victims of mines/ERW, of which 56 were civilians and 84 were military.[4] However, in 2009 Chile had confirmed a total of 181 casualties (60% military and 40% civilian) since 1970. Sixty-eight were caused by antipersonnel mines, 57 by antivehicle mines, 20 by ERW, and 36 by unknown explosive devices.[5]

Victim Assistance

As of March 2013, there were 112 mine/ERW survivors registered by the National Humanitarian Demining Commission (Comisión Nacional de Desminado Humanitario, CNAD).[6]

CNAD is the victim assistance focal point and is responsible for maintaining and updating the registry of mine/ERW victims that was developed between 2009 and 2012.[7] In developing the registry, CNAD conducted a needs assessment of identified victims, visiting their homes and working with local governments to register the victims with the social insurance system.[8] There is no formal victim assistance coordination mechanism.

In 2013, CNAD signed an agreement with the health commission of the Chilean Army to provide comprehensive assistance to military landmine survivors.[9] Most civilians with disabilities, including civilian landmine survivors, qualify for free healthcare through the National Health Fund and social support managed by the Ministry of Planning. However, in 2009 the government recognized that in “many civilian cases” survivors have problems accessing services because of their poverty or remote location.[10]

The Group of Mine and Munitions Victims (GMMV), a national survivors’ network, actively advocates for increased attention to the needs of mine and ERW survivors and their families.[11] In May 2012, with financial support from local authorities, a local chapter of the GMMV was founded in Caldera in Northern Chile, expanding the geographic coverage of the network.[12]

In September 2013, the President of Chile introduced the draft victims’ law to the national congress. The law is designed to provide reparations to mine/ERW victims as a means to comply with Chile’s international commitments under the Mine Ban Treaty, the Convention on Cluster Munitions, and Protocol V of the Convention on Conventional Weapons.[13] Representatives of various government ministries and civil society, including a representative of the GMMV, were involved in developing the draft law.[14] In August 2014, survivors provided testimony to the Human Rights Committee of the National Congress as part of the congressional review of the draft law.[15]

The law defines a victim as someone who has been wounded by a mine/ERW explosion or the family members of someone killed by such an explosion. Family members of survivors are not included in the definition or as beneficiaries. Benefits drafted under the law include one-time financial payments as reparations as well as reimbursements for medical care and rehabilitation. Article 5 of the law refers to assistance for social and economic inclusion, but there are no specific provisions within the law regarding how victims would access this assistance.[16] The draft law does not include a monthly pension for survivors, although that was something that the GMMV proposed and saw as a priority.[17]

On 20 October 2014, Chilean President Michelle Bachelet issued a letter calling for “urgency” in the review and processing of the draft victims’ law.[18] However, as of 10 December 2014, the draft law continued to pass through the review process of the National Congress.[19]

Chilean law prohibits discrimination against persons with disabilities and the government actively enforced the law in 2013. However, persons with disabilities still experienced some discrimination. The law provides for universal and equal access to buildings, information, and communications. However, most public buildings did not comply with legal accessibility standards. In 2012 and 2013, TranSantiago, the main system of public transportation within Santiago, instituted changes to improve compliance with the law, including new ramp systems and elevators at certain metro stations.[20]

Chile ratified the Convention on the Rights of Persons with Disabilities (CRPD) on 29 July 2008.