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]