Summary: State Party Chile ratified the convention on 16 December 2010. It hosted an international conference on the convention in Santiago in June 2010, and regional meetings on cluster munitions in 2009 and 2013. Chile has participated in all of the convention’s meetings and has served as the convention’s co-coordinator on victim assistance since September 2015. Chile was a lead sponsor on a UN resolution on the convention in December 2015. It has condemned new use of cluster munitions, including in South Sudan, Syria, and Ukraine.

Chile is a former producer and exporter of cluster munitions. In July 2013, Chile completed the destruction of a stockpile of 249 cluster munitions and 25,896 submunitions.

Policy

The Republic of Chile signed the Convention on Cluster Munitions on 3 December 2008, ratified on 16 December 2010, and the convention entered into force for the country on 1 June 2011.

Chile has reported existing legislation including its 2010 ratification law under national implementation measures for the convention. It is unclear if Chile considers these laws as sufficient to enforce implementation of the convention’s provisions or if it intends to undertake specific legislative measures. In 2012, Chile reported that the Ministry of National Defense was establishing a body “to centralize, coordinate and execute the operational and administrative tasks” required by the convention.[1]

Chile submitted its initial Article 7 transparency report for the Convention on Cluster Munitions in September 2012 and provided an annual updated report in September 2013.[2] As of 10 July 2016, Chile had not provided any more of the annual updates due by 30 April.

Chile participated in the Oslo Process that produced the Convention on Cluster Munitions, advocating for the most comprehensive provisions possible.[3]

Chile has engaged actively in the work of the convention since 2008, hosting an international conference on the convention in Santiago in June 2010 and regional conferences in September 2009 and December 2013.

Chile participated in the First Review Conference of the Convention on Cluster Munitions in Dubrovnik, Croatia in September 2015. In an address to the high-level segment of the meeting, Chile found that “there are not military, political, and above all, ethical reasons for any actor to use cluster munitions under any circumstance.”[4]

Chile has participated in all of the convention’s Meetings of States Parties as well as intersessional meetings in Geneva in 2011–2015. It hosted a regional workshop on cluster munitions in Santiago in December 2013 that 24 Latin American and Caribbean states attended, including non-signatories Argentina, Cuba, Saint Lucia, and the United States (US).[5]

Chile served as the convention’s co-coordinator on cooperation and assistance in 2013–2015. At the First Review Conference, Chile was named the convention’s co-coordinator on victim assistance together with Australia.

Chile was a lead sponsor on and voted in favor of a UN General Assembly (UNGA) resolution on the convention on 7 December 2015, which urges all states not party to the convention to join “as soon as possible.”[6] A total of 140 states voted in favor of the non-binding resolution, including many non-signatories.

Chile has condemned new use of cluster munitions on several occasions, including in Ukraine, South Sudan, and Syria. As a non-permanent member of the UN Security Council, Chile has expressed concern at the use of cluster munitions in Ukraine.[7] In June 2015, Chile voted in favor of a Security Council resolution expressing concern at evidence of cluster munition use by the government of Sudan and reiterating a call for an investigation.[8] Chile voted in favor of a May 2014 resolution, which expressed concern at the use of cluster munitions in South Sudan and called on “all parties to refrain from similar such use in the future.”[9] Chile has voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, most recently in December 2015.[10]

Interpretive issues

During the Oslo Process, Chile did not favor including language on “interoperability” (joint military operations with states not party that may use cluster munitions) in the convention.[11] In 2012, a Ministry of National Defense official informed the Monitor that the convention’s Article 21 language does not prevent Chile from conducting military training exercises with states not party, but emphasized that Chile would require that states participating in exercises not use cluster munitions in the exercises (and would communicate this requirement via a written order sent to officials involved).[12]

Chile has yet to elaborate its views on other important issues relating to the interpretation and implementation of the Convention on Cluster Munitions, such as the prohibition on transit, the prohibition on foreign stockpiling of cluster munitions, and the prohibition on investment in production of cluster munitions.

Chile is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.

Use

Chile is not known to have used cluster munitions in a conflict situation. In 2011, the Ministry of National Defense informed the Monitor that Chile stopped using cluster munitions in training exercises in 2008.[13]

Production and transfer

During the Oslo Process in September 2007, Chile stated that it no longer produced cluster munitions and did not intend to produce the weapon in the future.[14] In the past, Industrias Cardeon SA and Los Conquistadores 1700 were reported to have produced at least eight types of air-dropped cluster bombs: CB-130 bomb, CB-250K bomb, CB-500 bomb, CB-500K bomb, CB-500K2 bomb, CB-770 bomb, WB-250F bomb, and WB-500F bomb.[15]

In the initial Article 7 report provided in 2012, Chile indicated that it was in the process of verifying information on measures taken to dismantle its cluster munition production facilities and stated that it could not provide a complete accounting of the “models manufactured, their total amount or destination of transfer.”[16] The updated report submitted in September 2013 provided no additional information on past production or transfer of cluster munitions.

However, in 2012 Chile’s Ministry of National Defense provided the Monitor with a detailed accounting of Chile’s past transfers of cluster munitions. One document shown to the Monitor details Chilean exports of cluster munitions in the period from 1991 to 2001 to the following five countries:[17]

• Brazil in 1999 and 2001 (various types);
• Colombia in 1994 (55 250kg cluster bombs, four air-dropped 250kg cluster bombs, and one fin stabilizer for a CB-250kg cluster bomb) and in 1997 (132 250kg cluster bombs);
• Turkey in 1996 (four CB-250kg cluster bombs);
• United Arab Emirates in 1998 (four “empty” [“vacías”] CB-500kg cluster bombs and two CB-500kg cluster bombs filled with lead shot); and
• US in 1991 (one 250kg cluster bomb and one 500kg cluster bomb).

In a May 2012 document provided to the Monitor, the director-general of National Mobilization, Brigadier General Roberto Ziegele Kerber, stated that there were “no other applications or new exports authorizations for these devices” after the year 2001.[18] This data accounts for cluster munitions exported from Chile in the period after 1980, but it does not provide any information on exports in period from 1980–1991.[19]

Colombia reported the destruction of its stockpile of 41 Chilean CB-250K bombs in March 2009.[20]

PM-1 combined-effect submunitions delivered by bombs produced in Chile have been found in Eritrea, Ethiopia, Iraq, and Sudan.[21] A number of CB-250 bombs were found in the arsenal of Iraq by UN weapons inspectors, who noted that Iraq had modified them to deliver chemical weapons in the submunitions.[22]

Stockpile destruction

In its initial Article 7 report provided in 2012, Chile declared a stockpile of 249 LARS-160 surface-launched rockets equipped with Mk-II cluster munition warheads containing 25,896 submunitions.[23]

Under Article 3 of the Convention on Cluster Munitions, Chile was required to declare and destroy all stockpiled cluster munitions under its jurisdiction and control no later than 1 June 2019.

Chile completed destruction of the stockpile in July 2013 and announced the completion two months later at the convention’s Fourth Meeting of States Parties. It offered to share its experience and provide technical assistance to countries requesting support for their stockpile destruction efforts in “the spirit of cooperation that guides the convention.”[24]

Chile has provided detailed information on the destruction of its stockpile that the Army’s Fabrica y Maestranza del Ejercito (FAMAE) carried out in Arica Parinacota in the north of the country between 17 June and 12 July 2013.[25] The stocks were destroyed by demilitarization, including dismantling various components and destroying the submunitions by controlled detonation. The Minister of Defense issued a decree certifying that the inventories of the Chilean Army no longer hold cluster munitions.[26]

Chile destroyed other stocks of cluster munitions in previous years. According to a Chilean Air Force document dated 23 June 2009, “the air force originally had 48 cluster munitions in stockpile in 2003 of which 42 cluster munitions were consumed for training purposes at sites in the north of Chile in 2007, two more cluster munitions were consumed in 2008, and the remaining four cluster munitions were consumed in 2009.”[27]

Retention

In 2012 and 2013, Chile declared the retention of 12 CBK-250 cluster munitions and 240 inert PM-1 submunitions for research and training purposes.[28] The Monitor does not regard this as the retention of live cluster munitions because the submunitions are inert and no longer functional.

Policy

The Republic of Chile signed the Mine Ban Treaty on 3 December 1997 and ratified it on 10 September 2001, becoming a State Party on 1 March 2002. Chile has not adopted comprehensive national legislation, but it has stated on several occasions that legislation to implement the Mine Ban Treaty is being prepared. In May 2009, Chile stated that its existing laws sufficiently cover the various issues required for implementation, citing the Arms Control Act No. 17.798, which addresses all weapons and explosives, including landmines. Chile nonetheless reiterated its intent to adopt specific legislation for the Mine Ban Treaty. The draft legislation in preparation by various ministries would also serve to implement aspects of the Convention on Conventional Weapons (CCW) Amended Protocol II and Protocol V, as well as the conventions on the rights of persons with disabilities and on cluster munitions.[1]

Chile regularly attends meetings of the treaty, including the Third Review Conference in Maputo in June 2014, and more recently the Seventeenth Meeting of States Parties in Geneva in November 2018, where it provided statements on victim assistance, Article 5 mine clearance, and a general statement.[2]

Chile has served on the Committee on Cooperative Compliance (2015), the Committee on Article 5 Implementation (2017), and the Committee on Victim Assistance (2018), and served as President of the Fifteenth Meeting of States Parties in Santiago in November–December 2016.

Chile is party to the Convention on Conventional Weapons and its Amended Protocol II on landmines and Protocol V on explosive remnants of war. Chile is also party to the Convention on Cluster Munitions.

Production, transfer, stockpiling, and retention

Chile is a former producer, exporter, importer, and user of antipersonnel mines. Both the army’s Fabricaciones Militares (FAMAE) and a private company named Industrias Cardoen manufactured landmines.[3] Chile has reported producing at least six different types of antipersonnel mines: the MAPP 78-F2 and MAPT 78-F2 mines, both made by FAMAE in 1981; the MOD I (manufactured 1979), II (1980), IEC-11, and M-178 mines, all made by Cardoen. Chile also reported manufactured the M-19 antivehicle mine and the Claymore-type directional fragmentation mine, and Cardoen manufactured the U/I fragmentation mine, according to one source, but none are listed in the Article 7 reports.[4]

Chile has stated that production and export stopped in 1985.[5]

Chile finished destroying its stockpile of 300,039 antipersonnel mines in August 2003.[6] According to its most recent Article 7 report for calendar year 2018, Chile retains 1,192 mines for training its military in humanitarian disarmament.[7]

Use

Chile used mines in the 1970s and 1980s along its borders with Argentina, Bolivia, and Peru.

Notes: UXO = unexploded ordnance; CHA = confirmed hazardous area; SHA = suspected hazardous area; ERW = explosive remnants of war.

Mine Contamination

At the end of 2017, the Republic of Chile had just over 5.1km² of mined area left to clear, down from 5.65km² at the end of the previous year. Confirmed and suspected mine contamination, which is spread across five regions (see table below), is believed to total 1,905 antipersonnel mines.[1] The majority of the confirmed contamination is in the Arica and Parinacota region.

The mines were all laid during the Pinochet regime in the 1970s on Chile’s borders with Argentina in the south, and with Bolivia and Peru in the north. The mined areas, which typically contain both antivehicle and antipersonnel mines, are generally difficult to access and mostly in unpopulated regions. Of the 28 mined areas identified in the table below, nine mined areas contain only antipersonnel mines.[2] The vast majority of the mines were laid in the northern region, with some minefields located as high as 5,000 meters above sea level.[3]

Mined area by province (at end 2017)[4]

Clearance is prioritized according to proximity to populated areas, impact on land that has been designated a national park or is a historical site of touristic interest, and impact on land that obstructs development.[5]

The humanitarian impact of residual contamination is reported to be minimal.[6] Clearance of mined areas north of the city of Arica has enabled the development of agricultural projects. The Tambo Quemado sector of Arica and Parinacota region, the Chungará Border Complex, an international crossing on the border with Bolivia, was built after two mined areas were cleared.[7]

Cluster Munition Contamination 

Chile has reported almost 97km² of cluster munition-contaminated area in three of its 15 regions. Contamination is the consequence of deployment of cluster munitions on military training ranges. Since the reported extent represents the total area of military land used for training, and cluster munitions were only deployed in the impact areas or target areas, it is very likely that the actual extent of the contamination is significantly smaller.[8]

Cluster munition contamination (as of July 2017)[9]

The impact of cluster munition contamination is believed to be minimal, and there have been no reports of any casualties.

Program Management

The national mine action program is managed by the National Demining Commission (Comisión Nacional de Desminado, CNAD), which is chaired by the Minister of Defense. Its main functions are to advise the President, mobilize resources, coordinate demining with state agencies, and develop plans for implementing the Mine Ban Treaty. 

Strategic planning

The “National Plan for Humanitarian Demining 2016–2020” was formulated in accordance with the request of the Mine Ban Treaty’s Eleventh Meeting of the States Parties that Chile provide updates relative to the timelines presented in its 2011 extension request.[10] The main objective of the plan is to eliminate all existing antipersonnel mines on national territory by the March 2020 deadline.[11] In its Article 7 report for 2017, Chile submitted an updated annual clearance plan for 2018–2020 taking into account contamination newly found in San Pedro de Atacama during 2017.[12]

Updated clearance plan

Annually, CNAD issues a National Directive on the Execution of Demining Activities from the government of Chile, which contains a set of provisions and tasks that supports the planning of demining activities.[13] 

Legislation and standards

The International Mine Action Standards (IMAS) have been incorporated into the processes for the development of demining operations.[14] In addition, Chile developed a joint demining manual for its armed forces in 2014, which includes procedures for destruction of unexploded ordnance (UXO).[15]

Information management

During 2017, Chile upgraded to Version 6 of the Information Management System for Mine Action (IMSMA) after starting the MARS (Mine Action Reporting System) application that replaced IMSMA Mobile. This application has equipped Chile with high-quality geographic information to support decision-making around clearance.[16] 

Operators

Demining is conducted by the Army Corps of Engineers and the Navy Peace and Demining Division. During 2017, six machines were used in clearance operations (including two Minewolf MW370 and two Bozena 5+) in Arica and Parincota, Antofagsta, and Magallanes y Antártica Chilena. In 2017, a total of 207 deminers were deployed across seven teams.[17] 

Land Release (mines)

Chile cleared 0.86km² of mined area in 2017 (see table below), a huge reduction in output from 3.5km² in 2016. This decrease is due to the change of location of the mined areas from an area of desert coast, which allowed for more efficient clearance, to the highlands of the Arica and Parincota region, which are difficult to access. They areas are located at high altitude (more than 4,000m above sea level) and subject to extreme weather conditions.[18] Chile also confirmed 2.3km² as contaminated with mines through technical survey.

Survey in 2017 (mines) 

In October 2017, a technical survey was carried out in Seilao, Antofagasta, identifying suspected contamination of 2,279,112m², an increase from the previous estimate of 1,971,780m².[19]

Clearance in 2017 (mines)

Clearance in 2017 was conducted over 17 areas in four of the five contaminated regions (Antofagasta, Arica and Parinacota, Magallanes y Antártica Chilena, and Tarapacá).

Mine clearance in 2017[20]

Note: AP = antipersonnel; AV = antivehicle.

Deminer safety 

In March 2017, a deminer detonated an antipersonnel mine while carrying out technical survey of the Cerro Purichari minefield, resulting in serious injury to one of his legs.[21]

In August 2017, a deminer detonated an antipersonnel mine while carrying out clearance in the “Pampa Blanca” sector of the General Lagos district, in the Arica and Parinacota region, resulting in serious injuries to one of his legs.[22]

Land Release (cluster munition remnants) 

Cluster munition contamination in Chile is limited to land that has been used for military training. Chile has claimed that the military usually conducts clearance of submunitions and UXO after their use.[23] As of the end of May 2018, however, Chile had not reported conducting any survey or additional clearance of its four cluster munition-contaminated areas. 

Progress in 2018 

In the Antofagasta region, Chile intends to conduct further survey of the newly identified Seilao hazardous area in San Pedro de Atacama to more accurately determine the contaminated area. Chile intends to begin demining operations in Isla Deceit and/or Freycinet in the region of Magallanes and Chilean Antarctica.[24]

Mine Ban Treaty Article 5 Compliance

Under Article 5 of the Mine Ban Treaty (and in accordance with the eight-year extension granted by States Parties in 2011), Chile is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 March 2020. It is unclear whether Chile will achieve the clearance output in its updated clearance plan.

Chile’s original Article 5 deadline was 1 March 2012 but in 2011 Chile submitted a request for, and was granted, an Article 5 deadline extension to 1 March 2020. Chile cited the extreme climate and challenging topographical conditions as barriers to it being able to complete clearance as planned.

Chile may still be able to meet its extended deadline. At the Sixteenth Meeting of States Parties, Chile stated that as of December 2017 it had achieved “85.57%” of total clearance and was planning to achieve “91.75%” by the end of 2018 (see the table below).[25] However, this calculation is based on the number of mined areas rather than the size of the mined areas, and the total original number of mined areas (194) is different from the figure given in its 2011 Article 5 deadline extension request (199) and its latest Article 7 report (147/151).[26] Despite only clearing 0.86km² of its forecast 3.24km² in 2017, Chile has submitted an updated clearance plan for 2018–2020 that aims for completion by 2020.[27] Chile reiterated its commitment to fulfil its Article 5 obligations by 2020 in its statement to the Sixteenth Meeting of States Parties and in its statement at the 2018 intersessional meetings.[28]

Overall progress in release of mined areas (at 7 December 2017)[29]

Chile is moving into the final phase of operations but, by its own admission, will face considerable challenges to implementation from the climate and topography. The mined areas in the Altiplano and the Austral Islands are difficult to access and are subject to heavy rains and snow which restricts the length of the dmining season.[30]

Clearance in 2013–2017 (km²)

Convention on Cluster Munitions Article 4 Compliance

Under Article 4 of the Convention on Cluster Munitions, Chile is required to destroy all cluster munition remnants in areas under its jurisdiction or control as soon as possible, but not later than 1 June 2021. It has not reported any survey or clearance of the contaminated area, nor has it provided a plan to do so.

The Monitor acknowledges the contributions of the Mine Action Review (www.mineactionreview.org), which has conducted the primary mine action research in 2018 and shared all its country-level landmine reports (from“Clearing the Mines 2018”) and country-level cluster munition reports (from “Clearing Cluster Munition Remnants 2018”) with the Monitor. The Monitor is responsible for the findings presented online and in its print publications.

In 2016, the government of the Republic of Chile provided CLP4.1 billion (US$5.8 million) to the National Demining Commission (Comisión Nacional de Desminado, CNAD).[1]

Chile is one of the few states that completely fund their own mine action program. Chile has not received international support since 2007.

Since 2011, the government of Chile has provided more than $25 million toward its mine clearance operations. In its Article 5 deadline extension request submitted in 2011, Chile estimated it would provide approximately $60 million through 2020 in order to complete the clearance of all known mined areas.[2]

Summary of national contributions: 2012–2016[3]

Casualties Overview

In 2016, four landmine casualties were reported in the Republic of Chile. In February, a Peruvian national died after stepping on a landmine while crossing the Peru-Chile border illegally.[1] In May, a Dominican national was seriously injured after stepping on a landmine, also near the border with Peru.[2] In September, two Peruvian nationals were seriously injured by an antipersonnel mine in the Quebrada de Escritos sector, also at the border of Peru and Chile.[3]

Two landmine casualties were reported in 2015; a Colombian,[4] and a Peruvian were injured near the border with Peru.[5] No casualties were reported in 2014, however, the totals casualties in 2016 and 2015 were similar to recent years: in 2013, two casualties were reported, while five casualties were identified through media reports in 2012.[6] 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.[7]

The Monitor has identified 37 casualties (five killed and 32 injured) between 1999 and December 2016. As of March 2016, there were 145 mine/explosive remnants of war (ERW) survivors registered by the National Humanitarian Demining Commission (Comisión Nacional de Desminado Humanitario, CNAD).[8]

Action points based on findings

• Fully implement the new victims’ law.
• Advance coordination between survivors’ associations and institutions providing services to persons with disabilities.
• Improve inclusion of survivors in design, provision, and monitoring of assistance services.

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.

In March 2017, it was stated that there were 187 affected persons, including those with physical impairments due to mines/ERW.[1] As of March 2016, there were 145 mine/ERW survivors registered by the National Humanitarian Demining Commission (Comisión Nacional de Desminado Humanitario, CNAD).[2]

Victim assistance since 2015

On 25 July 2017, Chile enacted Law No. 21,021, which provides for reparations and assistance in rehabilitation, and social and economic inclusion to victims of mines and other ERW. It incorporates in the one piece of legislation provisions addressing victims under three disarmament conventions; the Mine Ban Treaty, Protocol V of the Convention on Conventional Weapons, and the Convention on Cluster Munitions. The law was published in the Official Gazette on 12 August 2017.[3]

The immediate positive response to the adoption of the law by the national survivor network NGO Group of Mines and Munitions Victims (GMMV) was that members were satisfied, enthusiastic, and pleased to have achieved an agreement with the government of Chile that resulted in its enactment. GMMV highlighted having obtained through the law lifetime pensions for the victims. Also included in the law are provisions for benefits such as a compensatory cash bonus, medical assistance, and free-of-charge prostheses and orthotics.[4]

In March 2017, the president of the National Defense Commission stated, “As we know, Chile is a signatory to the Ottawa Treaty [Mine Ban Treaty], but we have not met a number of associated obligations.In this case we are talking about 187 people who saw their quality of life affected since they suffered an accident that impaired part of their body. These devices were installed by agents of the State, so it is the state that must respond.”[5]

Assessing victim assistance needs

CNAD through its Executive Secretariat (Secretaría Ejecutiva, SECNAD), is responsible for maintaining and updating the registry of mine/ERW victims and for coordinating medical assistance to survivors.[6]

Victim assistance coordination

CNAD is the government focal point for victim assistance.[7]

In June 2016, the International Campaign to Ban Landmines (ICBL) and the Chilean Campaign to Ban Landmines co-hosted a preparatory meeting for the Mine Ban Treaty 15^thMeeting of States Parties—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 victims’ law, and certainly before the Meeting of States Parties.[8]

CNAD primarily addressed the needs of military victims and 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)[9] and an agreement with the health commission of the Chilean Army (Comando de Salud del Ejército, COSALE) on providing assistance to military landmine survivors.[10]

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.[11] 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.[12] There is no formal mechanism for SENADIS to be involved in providing assistance to landmine survivors.[13]

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).[14]

A memorandum of understanding between Chile and Argentina enables deminers to access emergency medical facilities in both countries in the case of accidents.[15]

In 2016, Chile assumed the presidency of the Mine Ban Treaty and hosted the 15^th Meeting of States Parties in November. Chile did not provide updates on victim assistance during the meeting in Santiago, but did provide updates at the Mine Ban Treaty Intersessional Meetings in 2017 and Meeting of States Parties in Vienna in 2017 as well as at the Convention on Cluster Munitions Meeting of States Parties in Geneva in September 2017. Chile included updates on victim assistance in its annual Mine Ban Treaty Article 7 reporting for 2017.

Inclusion and participation in victim assistance

The GMMV actively advocates for fulfillment of the rights and needs of mine/ERW survivors and the families of casualties. The GMMV is also involved in the monitoring of victim assistance activities.[16] The NGO Mined Zone Center (Centro Zona Minada), which has survivor members,was also active in victim assistance.

In 2016, the Committee on the Rights of Persons with Disabilities recommended the implementation of a binding mechanism to consult and include the requests of persons with disabilities into legislation and policy design.[17]

Service accessibility and effectiveness

No major changes regarding access to services were reported in 2016. In 2016, military survivors benefited from retirement pensions and medical and physical rehabilitation services, however, civilian survivors were yet not eligible for such services.[18]

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 GMMV reported that a number of civilian victims had not received appropriate services.[19] The Ministry of National Defense and the Ministry of Health coordinate medical assistance to mine/ERW survivor beneficiaries of the National Health Fund.[20]

SENADIS runs a community rehabilitation center support program, however the system of rehabilitation centers had insufficient capacity to meet the needs of all persons with disabilities, including mine/ERW survivors.[21] 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. Some survivors had suffered additional trauma when injured, including being handcuffed and constrained, compounding the long-term psychological impact of the mine explosion.[22]

Laws and policies

Law No. 21,021 for mine/ERW victims was enacted in July 2017,after more than six years of procedure. In March 2017, following months of negotiation, the members of theNational DefenseCommission reached an agreement regarding the possibility of a lifelong pension for the victims of mines and ERW, through the legislation.The National Defense Commission recommended that the state provide continuous economic support to landmine victims,[23] in addition to rehabilitation assistance and in accordance with the principle of “permanent damages, permanent compensation.”[24] In October 2016, the Senate Chamber worked to have the draft law proposal that provides reparation and rehabilitation assistance with permanent ongoing compensation for the victims agreed to by a reluctant Defense Commission.[25] The legislation regulating victim assistance that was to improve the response to the rights of survivors remained pending government approval in 2016, seven years after its initial drafting.[26]

In 2015, the National Human Rights Institute released a report analyzing the draft victims’ law which the president of Chile introduced to the national congress in September 2013. It was designedto provide reparations and assistance in physical and psychological rehabilitation as well as social inclusion to mine/ERW survivors.[27] Representatives of government ministries and civil society, including a representative of the GMMV, were involved in developing the draft law.[28] In 2014, survivors had also provided testimony to the Human Rights Committee of the National Congress as part of the congressional review of the draft law.

Among the recommendations of the National Human Rights Institute were the inclusion of psychological support, socio-economic reintegration measures, and a life-long pension in order to make reparation more comprehensive.[29] In 2015, after repeated requests from civil society, a life-long pension was included in the draft law,[30] which was approved by the Senate in May 2016.[31] The Senate presented a draft agreement to the president in March 2016 in an attempt to gain approval of the victim’s law prior to the 15^thMeeting of States Parties to be held in Chile in November 2016.[32]

Chilean law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities and the government effectively enforced the law. However, persons with disabilities experienced discrimination, especially in accessing post-secondary education and employment.[33] In 2016, the Committee on the Rights of Persons with Disabilities expressed concern over the slow progress in implementing physical accessibility.[34]