Action points based on findings

• Improve coordination between survivors’ associations and institutions providing services to persons with disabilities.
• Improve inclusion of survivors in design, provision, and monitoring of assistance services.
• Adopt legislation based on the needs expressed by victims and allocate resources to its implementation.

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, Protocol V of the Convention on Conventional Weapons, and the Convention on Cluster Munitions.

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

Casualties Overview

In 2015, two landmine casualties were reported in Chile. Both casualties were civilians, an adult Colombian man injured by an antipersonnel mine while crossing the border with Peru,[1] and a Peruvian national who lost his right foot after stepping on an antipersonnel mine in the Gallinazo area near the border with Peru.[2] The number of casualties in 2015 was an increase compared to 2014, when no casualties were reported. However, the total of two casualties in 2015 was similar to recent years. In 2013, two casualties were reported, while a total of five casualties were identified through media reports in 2012.[3] 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.[4]

In 2016, casualties continued to occur. In February, a Peruvian national died after stepping on a landmine while crossing the Peru-Chile border illegally.[5] In May, a Dominican national was seriously injured after stepping on a landmine, again near the border with Peru.[6]

The Monitor has identified 39 casualties (five killed and 34 injured) between 1999 and December 2015.

Victim Assistance

As of March 2016, there were 145 mine/ERW survivors registered by the National Humanitarian Demining Commission (Comisión Nacional de Desminado Humanitario, CNAD).[7]

Assessing needs

In 2015, CNAD visited victims throughout the country to collect data on survivors and their families, including familiars of the deceased.[8]

Victim assistance coordination

CNAD is the government focal point for victim assistance. In 2014, it underwent an evaluation by the General Comptroller’s Office and was not fully operational to coordinate victim assistance.[9] By the end of 2015, the Office of the Prosecutor was investigating allegations of fraud related to armed forces members of CNAD.[10]

Legislation regulating victim assistance that was to improve planning remained pending government approval as of August 2016, seven years after its initial drafting. In June 2016, the International Campaign to Ban Landmines (ICBL) and the Chilean Campaign to Ban Landmines co-hosted a preparatory meeting for the 15^th Meeting of States Parties to the Mine Ban Treaty—to be held in Chile near the end of the year—that brought together eight mine/ERW survivors from different parts of the country, other members of civil society, and representatives of the Chilean National Demining Commission, the Ministry of Foreign Affairs, and the Ministry of Defense. At the meeting, survivors called on the government to ensure the imminent passage of the law, and certainly before the Meeting of States Parties.[11]

Other meetings were held with the victims’ representative organizations to inform them on the progress of the draft victim law in 2015 and 2016.[12] As of end of 2015, CNAD had a cooperation agreement on the health-related needs of military survivors with the National Defense Security Fund (Caja de Previsión de la Defensa Nacional, CAPREDENA)[13] and an agreement with the health commission of the Chilean Army (Comando de Salud del Ejército, COSALE) on providing assistance to military landmine survivors.[14]

CNAD primarily addressed the needs of military victims. Most civilians with disabilities, including civilian landmine survivors, are eligible for free healthcare through the National Health Fund and for other social support managed by the Ministry of Planning. However, the national NGO, Group of Mines and Munitions Victims (GMMV), reported that a number of civilian victims had not received appropriate services.[15] A cooperation agreement signed in 2011 between the Ministry of National Defense and the Ministry of Health provides guidelines for the coordination of medical assistance to mine/ERW survivors beneficiaries of the National Health Fund that applied to both contributing and non-contributing fund members.[16]

Chile and Argentina agreed to a memorandum of cooperation for medical assistance for deminers in the case of accidents in the southern part of the country.[17] The agreement enables access to medical facilities and transportation in both countries. The agreement was reaffirmed by both parties in 2015 when the Tierra del Fuego border was declared mine free.[18]

Chile submitted a general overview of victim assistance in its Mine Ban Treaty Article 7 report for calendar year 2015. In November 2015 during the 14^th Meeting of the State Parties in Geneva, Chile confirmed its intention to promote the creation of an advisory group that would provide recommendations and guidelines to states on victim assistance in order to foster international cooperation within the convention.[19] Chile did not provide updates on victim assistance at the Mine Ban Treaty Third Review Conference in Maputo in June 2014 or the Convention on Cluster Munitions First Review Conference in Dubrovnik in September 2015.

In 2016, Chile will assume the Presidency of the Mine Ban Treaty and will host the 15^th Meeting of States Parties in November. It has planned to assign special importance to survivors’ rights in the contexts of disability rights and national plans.[20] In March 2016, Chile convened a pledging conference for Mine Ban Treaty States Parties in Geneva, which was also open for commitments by states to provide resources for implementation of victim assistance.[21]

The National Disability Service (Servicio Nacional de Discapacidad, SENADIS) oversees coordination of national disability policy under the auspices of the Inter-ministerial Committee on Social Development. SENADIS also receives support from the Consultative Council on Disability, which includes representatives of persons with disabilities’ organizations.[22] There is no formal mechanism for SENADIS to be involved in providing assistance to landmine survivors, but in 2014 it contributed to a report on the draft victim law together with other government institutions. Since 2013, Chile has had a national policy for the inclusion of persons with disabilities.[23]

Assessing victim assistance needs

CNAD is responsible for maintaining and updating the registry of mine/ERW victims that was developed between 2009 and 2012.[24] 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.[25] In 2015, CNAD updated the registry and took measures to coordinate medical assistance to victims.[26]

A draft victim law presented to the national congress in September 2013 provides for the creation of a national registry of victims. If adopted, the victim registry would be under the responsibility of the Ministry of National Defense.[27]

In 2015, the Ministry of Health started to apply a regulation approved in 2014 guaranteeing that a multidisciplinary evaluation for the process of certification of disability status.[28] At the beginning of 2016, the Ministry of Social Development and SENADIS presented the results of the second National Disability Study that included the conditions of persons with disabilities and their carers, as well as the implementation of the CRPD and the law on Equality of Opportunities and Social Inclusion of Persons with Disabilities (Law 20.422).[29] In October 2015, the UN Committee on the Rights of the Child shared its concerns regarding the lack of information on children with disabilities and their needs at the national level.[30]

Inclusion and participation in victim assistance

The Group of Mine and Munitions Victims (GMMV), a national survivors’ network, actively advocates for fulfillment of the rights and needs of mine/ERW survivors and the families of casualties.[31] The GMMV is also involved in the monitoring of victim assistance activities. However, there is no formal relation between CNAD and civil society organizations.[32] The NGO Centro Zona Minada (Mined Zone Center), which has survivor members, was also active in victim assistance.[33]

Throughout 2014 and in the beginning of 2015, a number of mine/ERW survivors and family members participated in discussions held in the Senate on the draft victim law under review. They requested before the Senate’s Defense Commission that the life pension and scholarships be included in the law.[34] However, further into 2015 mine/ERW survivors and their representative organizations were not included in the planning of victim assistance activities.[35] In 2015, survivors reported that they were not consulted or included in thework on disability issues and did not contribute to Mine Ban Treaty or Convention on Cluster Munitions Article 7 reporting, nor did they participate in the delegation attending the Mine Ban Treaty or Convention on Cluster Munitions Review Conferences in 2014 and 2015 respectively.[36] However, efforts were being made to include more survivor representatives in the activities of the CNAD and the Defense Ministry.[37]

CNAD’s Consultative Council was created in 2005 with the objective of promoting the participation of civil society in the instance’s discussions, however it never met. The lack of coordination was detrimental to victim participation and representation.[38]

In its concluding observation on Chile’s initial report to the CRPD, the Committee on the Rights of Persons with Disability recommended the implementation of a binding mechanism to consult and include the requests of persons with disabilities into legislation and policy design.[39]

Service accessibility and effectiveness

No major changes regarding access to services were reported in 2015. Mine/ERW survivors have access to emergency assistance, other than by a request made through the public health system, there was no specific victim assistance program to provide medical and psychological support.[40] Survivors reported that the majority did not receive assistance, whereas the CNAD reported that all registered survivors were provided with medical assistance.[41] Military and civilian mine/ERW survivors do not have equal access to the same state services. Military survivors benefit from retirement pensions and medical and physical rehabilitation services, however, civilian survivors were not eligible.[42] There were no available services with special considerations for the age or gender of mine/ERW survivors.[43]

Chile adopted the Equality of Opportunities and Social Inclusion of Persons with Disabilities Act in 2010, following the ratification of the Convention on the Rights of Persons with Disabilities (CRPD). SENADIS, which operated regional offices throughout the country, is responsible for implementation of the act. SENADIS has been the updating disability statistics and the 2010–2020 National Action Plan on Disability since 2010.[44]

Chilean law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities and the government effectively enforced the law. However, in 2014, persons with disabilities still experienced discrimination, especially in accessing post-secondary education and employment.[45] In 2015, the UN Committee on Economic, Social and Cultural Rights urged Chile to strengthen its anti-discrimination law.[46] The law provides for universal and equal access to buildings, information, and communications and allows the state to take affirmative action to foster non-discrimination and accessibility of cultural services, physical environment and transportation, education, training and employment, and communication.[47] The public transportation system, particularly outside Santiago, did not adequately provide accessibility for persons with disabilities. In recent years however, TranSantiago, the main system of public transportation within Santiago, instituted changes to improve compliance with the law.[48] In April 2016, the Committee on the Rights of Persons with Disability expressed concerns over the slow progress made by Chile in terms of physical accessibility and the lack of a complaint mechanism to report violations of the rights of persons with disabilities.[49]

Rehabilitation

SENADIS’s community rehabilitation center support program has been in operation since 2007. The program provides family consultation, home visits, community information sessions, and support to community-based organizations in the design of workplans. The national system consists of community and comprehensive rehabilitation centers, as well as community hospitals that have adopted the community-based rehabilitation strategy.[50]

However, capacity was not sufficient to cover the needs of all persons with disabilities, including mine/ERW survivors.[51] Many survivors were living in very difficult conditions, and some had not had their prosthesis replaced for more than 15 years, a situation that caused them additional health problems. Many survivors also had to pay for their prosthesis in the first place.[52] According to the Committee on the Rights of the Child, rehabilitation services for children with disabilities are also insufficient.[53] In addition, in its concluding observation on Chile’s initial report to the CRPD, the Committee on the Rights of Persons with Disabilities highlighted that resources are allocated to private rehabilitation service providers despite the fact that these bodies do not guarantee universal access.[54]

Social and economic inclusion

There is no specific provision for mine/ERW survivors in the legal framework on persons with disabilities. No social, economic, or education program directly promotes their inclusion.[55]

Each year, SENADIS, through its National Fund for Inclusive Projects (Fondo Nacional de Proyectos Inclusivos), supports initiatives throughout the country in the following areas: accessibility, culture, sport, education, employment, justice, legal reform or adaptation, participation, rights promotion, and assistive technologies. In 2015, SENADIS funded 108 projects across the country (a slight increase compared to 106 in 2014). There were no SENADIS projects designed specifically for mine/ERW survivors.[56] The National Training and Employment Service (Servicio Nacional de Capacitación y Empleo, SENCE) Social Programmes Department offered training to a large number of persons with disabilities among vulnerable groups. Factors that continued to obstruct access to employment for persons with disabilities included: social and business prejudices and a general reluctance by some companies, weak professional qualifications and low levels of education, and the continued presence of architectural barriers that prevent access to the workplace.[57]

A SENADIS program, promotes the inclusion of persons with disabilities in the workforce.[58] Each year, the program distinguishes institutions with initiatives for the inclusion of persons with disabilities. In 2015, several directions of the Ministry of Public Work were qualified as inclusive, among other public and private bodies.[59] However, access to inclusive education and vocational training for children with disabilities remains limited.[60] In its most recent response to the Committee of Persons with Disabilities, Chile affirmed that a draft law aiming at ensuring the rights of children is currently being reviewed at the Chamber of Deputies and that it includes a provision on non-discrimination of children with disabilities.[61]

In March 2016, the Committee on the Rights of Persons with Disabilities also expressed its concern over the low employment rates of persons with disabilities as well as regarding the need for better coverage of basic services, especially for those living in remote areas and those living with severe disability.[62] During the same month, the government of Chile stated that it was working on a draft law aimed at establishing a labor market inclusion system for persons with disabilities in public and private bodies.[63]

Laws and policies

In September 2013, the President of Chile introduced the draft victims’ law to the national congress. The draft law was designed to provide reparations and assistance in physical and psychological rehabilitation as well as social inclusion to mine/ERW survivors 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.[64] Representatives of various government ministries and civil society, including a representative of the GMMV, were involved in developing the draft law.[65] In 2014, survivors also provided testimony to the Human Rights Committee of the National Congress as part of the congressional review of the draft law. In 2015, the National Human Rights Institute released a report analyzing the draft law. Among its recommendations were the inclusion of psychological support, socioeconomic reintegration measures, and life pension in order to make reparation more comprehensive.[66]

In 2015, after repeated requests from civil society, a life-long pension was included in the draft law,[67] which was approved by the Senate in May 2016.[68] The draft law defines a victim as someone who has been injure 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 as victims and are therefore not eligible as beneficiaries. Benefits drafted under the law include one-time financial payments as reparations, free and preferential access to medical care and rehabilitation through the National Health Fund, as well as free prosthesis and orthosis[69] and, since 2016, life pension for survivors.[70]

Article 5 of the law refers to assistance for social inclusion, but without specific provisions. Article 10 establishes that the Norms on Equality of Opportunity and Social Inclusion of Persons with Disabilities would also apply to mine/ERW survivors.[71] An additional request was made for survivors without permanent disabilities to be covered by the law.[72]

In 2015, the draft law continued to pass through the review process of the National Congress.[73] In October 2015, the Ministry of Defense decided to prioritize victim assistance among other issues, which should allow for more developments regarding the law.[74] The Senate presented a draft agreement to the presidency in March 2016 in an attempt to gain approval of the victim’s law prior to the 15^th Meeting of the States Parties to be held in Chile in November 2016.[75] 

In April 2016, the Committee on the Rights of Persons with Disabilities expressed concern regarding the absence of a plan to harmonize national legislation related to the rights of persons with disabilities.[76] In the years following the adoption of the Equality Opportunities and Social Inclusion of Persons with Disabilities Act in 2010, Chile approved a National Policy for the Social Inclusion of People with Disabilities for the period 2013–2020. The policy was elaborated both by SENADIS and the Inter-ministerial Committee of Social Development on Disability Issues. The policy is supported by an action plan that concretely engages all sectors of society (Plan de Acción de la Política Nacional para la Inclusión Social de las Personas con Discapacidad, PLANDISC).[77]