CAT/OP/CHL/1/Add.1
Cayuhan55 President Bachelet instructed the Office of the Undersecretary for Human Rights
to amend the Prison Regulations by incorporating a human rights perspective.56
163. Noting the Subcommittee’s concern for the situation of Mapuche detainees, the
Government responded to its recommendations through the actions set out below:
164. Paragraph 121: The Subcommittee recommends that the State party take the
necessary measures to ensure that Mapuche detainees can observe their cultural traditions
and customs in accordance with international standards in this area, in the same manner
that other specific groups of detainees are allowed to practice their religions freely.
165. The Prison Service has entered into a cooperation agreement with the Catholic
University of Temuco for the provision of Mapuche medicine kits to correctional facilities
in the Araucanía Region. These medicine kits, which are already in use at the Nueva
Imperial and Collipulli prisons, are intended to provide access to health from the
perspective of the Mapuche worldview and to provide guidance and training in ancestral
healing methods for detainees and Prison Service personnel. This initiative is
complementary to intersectoral health services; once a primary health assessment is carried
out at the detainee’s request, he or she is then referred to the South Araucanía or North
Araucanía health services, which implement a Mapuche health programme and have
specialized facilities such as Nueva Imperial Intercultural Hospital and Makewe Hospital,
both of which treat Mapuche prisoners. These actions benefit all Mapuche detainees, in
particular the inmates of correctional facilities with large Mapuche populations, such as the
Nueva Imperial and Temuco prisons and the Villarrica and Angol pretrial detention centres.
166. Furthermore, an agreement is being drafted with the Mapuche Language Academy
whereby training in Mapuche culture and medicine in the urban context will be provided to
officials and detainees. It is expected that this agreement will enter into force by July 2017,
with courses in the Mapuche language and world view to be delivered at correctional
facilities in Santiago for officials who deal directly with prisoners, especially personnel of
indigenous origin. The courses will also underscore the importance of respecting Mapuche
cultural traditions and festivities.
167. In 2009, SENAME published a study 57 that highlighted a lack of experience or
knowledge concerning intercultural relations and respect for the cultural rights of
indigenous children and adolescents. In response to that assessment, SENAME updated its
technical guidelines 58 for directly administered centres and partner entities to include
certain aspects relating to freedom of religion and traditional practices in the framework of
its interventions for children and adolescents, as a way to promote social reintegration.
These guidelines are included in the competitive bidding process whereby partner
organizations are awarded contracts to operate residential centres, in accordance with Act
No. 20032 of 2005, so that technical recommendations are provided to ensure respect for
the world view and identity of children and adolescents of indigenous heritage.
55
56
57
58
GE.17-07762
A Mapuche woman sentenced to 5 years and one day of imprisonment for robbery, who gave birth
while shackled to her bed and in the presence of prison guards at the Sanatorio Alemán clinic in
Concepción.
In a speech of 11 November 2016 marking the adoption of the Act establishing criminal penalties for
torture and cruel, inhuman and degrading treatment, President Bachelet said: “I wish to refer to the
case of Lorenza Cayuhan, a member of the Mapuche community who reported being subjected to a
humiliating situation during the birth of her child. This complaint should be thoroughly investigated
in order to ascertain the truth of what happened. Precisely because we must ensure that no one is
subjected to humiliating or degrading situations, I have instructed the Office of the Undersecretary for
Human Rights to draw up new prison regulations with a human rights approach, so that not only
women but all persons deprived of their liberty are treated with dignity.” Full speech available at:
https://prensa.presidencia.cl/discurso.aspx?id=43740.
Estudio: La realidad de niños, niñas y adolescentes de pueblos indígenas residentes en centros para
mayores del SENAME (Study: The Situation of Indigenous Children and Adolescents Residing in
Adult Centres of SENAME). SENAME/University of La Frontera (2009).
Orientaciones Técnicas: Residencias de protección para madres adolescentes con programa de
protección especializado de intervención residencial (Technical Guidance: residences for the
protection of adolescent mothers with a specialized protection programme of residential intervention)
(2016).
29
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