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.

Contaminated by: landmines (medium contamination), cluster munitions (medium contamination), and unexploded ordnance (UXO) (limited).

Mine Ban Treaty Article 5 deadline: 1 March 2020
(On track to meet deadline)

Convention on Cluster Munitions Article 4 deadline: 1 June 2021
(Not on track to meet deadline)

Summary

The Republic of Chile has reported almost 97km² of cluster munition-contaminated area in three of its 15 regions. This area is the total size of the military training ranges where the contamination is located. To date, no survey or clearance has been conducted.

Chile is also affected, to a limited extent, by other UXO, and has some 5.6km² of mined areas still to release.

Recommendation for action

• Chile should begin survey and clearance of cluster munition contamination as a matter of urgent priority in order to comply with its obligations under Article 4 of the Convention on Cluster Munitions to clear cluster munition remnants “as soon as possible.”

Mine Contamination

As of the end of 2016, Chile had just more than 5.65km² of confirmed and suspected mined area across five regions (see table below), believed to contain more than 20,000 landmines.[1] This is a decrease from the 9.17km² of confirmed and suspected mined area reported for the end of 2015.[2] Most confirmed contamination is in the provinces of Arica and Parinacota. 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 are mostly in unpopulated regions. The vast majority of the mines were laid in the northern region, with some minefields located as high as 5,000m above sea level.[3]

Mined area by province (as of end 2016)[4]

Note: CHAs = confirmed hazardous areas; SHAs = suspected hazardous areas

The impact of remaining contamination is reported to be minimal.[5]

Cluster Munition Contamination

Chile has reported almost 97km² of cluster munition-contaminated area in three of its 15 regions (see table below). Contamination is a consequence of use of cluster munitions on military training ranges. The areas are also contaminated by other explosive remnants resulting from training exercises. Since the reported extent represents the total size of the areas where cluster munitions were used,[6] the actual extent of contamination may be significantly smaller.

Cluster munition contamination (as of June 2015)[7]

Note: CHAs = confirmed hazardous areas

Chile states that the suspected areas are in closed military areas and the public is not permitted to enter.[8] The impact of cluster munition contamination is believed to be minimal, and there have been no reports of any casualties.

Other Explosive Remnants of War

Chile is also affected, to a limited extent, by other UXO.

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 Defence.

Chile has not reported on any steps taken to elaborate a workplan to address its four cluster munition-contaminated areas.

Standards

Chile developed a joint demining manual for its armed forces in 2014, which includes procedures for destruction of UXO.[9]

Operators

Demining is conducted by the Army Corps of Engineers and the Navy Peace and Demining Division. Mechanical resources are being used to support manual demining.[10]

Land Release in 2016 (mines)

Chile cleared more than 3.5km² of mined area in 2016 (see table below), almost doubling output in 2015 of 1.9km². It has not reported directly on the number of mines cleared in 2016.

Clearance in 2016 (mines)

Clearance in 2016 was conducted over 38 areas in three of the five contaminated regions: Antofagasta, Arica and Parinacota, and Magallanes and Antártica Chilena.[11]

Mine clearance in 2016[12]

Note: AP = antipersonnel; AV = antivehicle; N/R = not reported.

Land Release (cluster munition remnants)

As of the end of May 2017, Chile had not reported conducting any survey or clearance of its four cluster munition-contaminated areas.

Chile reported in 2017 that a study had been conducted to assess the time and costs required for clearance, but no details were provided. Clearance may be conducted in 2018 if funds from the military budget are available.[13]

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.

In July 2016, the Minister of Defence announced that Chile had completed 72% of its mine clearance and that it was on course to complete clearance in 2020.[14] In its statement to the Fifteenth Meeting of States Parties, Chile reiterated its commitment to fulfil its Article 5 obligations, but without indicating whether this would be possible by 2020.[15]

Clearance in 2012–2016 (km²)

Chile hosted the Fifteenth Meeting of States Parties in Santiago in November–December 2016.

Convention on Cluster Munitions Article 4 Compliance

Under Article 4 of the Convention on Cluster Munitions, Chile is required to destroy all cluster munitions in areas under its jurisdiction or control as soon as possible, but not later than 1 June 2021.

The Monitor acknowledges the contributions of the Mine Action Review (www.mineactionreview.org), which has conducted some mine action research in 2017, including on survey and clearance, and shared all its resulting landmine and cluster munition reports 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]