Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre pueblos indígenas y tribales, 1989 (núm. 169) - Chile (Ratificación : 2008)

Article 1 of the Convention. Peoples covered by the Convention. The Committee notes the statistical data on indigenous peoples obtained through the Population and Housing Census 2024, transmitted by the Government in its report. It notes that the Census included the option of self-identification as a member of the 11 peoples recognized by Acts Nos 19.253 and 21.151, as well as other peoples that are not recognized. According to the results of the Census, the indigenous population in Chile numbers 2,105,863 persons (11.5 per cent of the total national population). The people with the largest population is the Mapuche, with 1,623,073 persons, followed by the Aymara with 178,637 and the Diaguita with 153,231. Moreover, 174,190 persons identified themselves as belonging to the African descendent population. The Committee also notes the results of the National Survey of Socio-economic Characteristics (CASEN) 2022, according to which, of all those surveyed (who included 72,056 households in 335 communes in the 16 regions of the country, with information being obtained on 202,231 persons), 6.1 per cent belonged to indigenous peoples and were living in non-extreme poverty, while 2.7 per cent were living in extreme poverty.

The Committee takes due note of the efforts made by the Government to compile and systematize updated statistical data on the number and socio-economic conditions of the peoples covered by the Convention and requests it to continue providing information on this subject. Insofar as possible, it encourages the Government to take measures so that future statistical information that is compiled can be disaggregated by gender and geographical distribution.

Article 7(1). Development initiatives for indigenous peoples. The Committee notes the Government’s indication that, between 2022 and 2024, through an agreement between the Institute for Agricultural Development and the CONADI, support was provided to 150,808 small-scale indigenous agricultural producers with a view to improving their production methods and their quality of life. Over the same period, through the CONADI Indigenous Development Fund, support was provided to tourism enterprises with cultural identity, as well as indigenous microenterprises, benefiting over 6,000 persons. There is also an Indigenous Protection and Environmental Management Fund, under the responsibility of the Ministry of the Environment, which provides support for projects designed by indigenous communities or associations and which contribute to improving environmental conditions in the areas that they inhabit. In 2022 and 2023, initiatives were financed for environmental decontamination, the circular economy and waste management. Through the Territorial Action Programme, technical training has also been provided to indigenous communities for the management of territorial development plans with a cultural identity in the regions of Arica and Parinacota, Tarapacá, Biobío, La Araucanía, Los Ríos and Los Lagos, as well as to urban indigenous associations in the Metropolitan Area. The Committee requests the Government to continue providing information on economic, environmental and territorial development projects for indigenous peoples that have been supported by the CONADI and other bodies in the country. In this regard, it requests the Government to indicate the manner in which indigenous peoples participate in the design and evaluation of these projects.

Articles 6 and 7(3). Participation of indigenous peoples in the Environmental Impact Assessment System. In reply to its previous comments, the Committee notes that, under the terms of section 85 of Presidential Decree No. 40 of 2013 approving the Regulations governing the consultation procedure, the Ministry of the Environment has carried out 30 consultation processes on projects covered by the Environmental Impact Assessment System, including mining projects. With reference to the proposed reform of Act No. 19.300 establishing general environmental rules, which contained a provision on advanced citizens’ participation in projects prior to their entry into the Environmental Impact Assessment System, the Committee notes that, according to information issued by the Senate of the Republic in October 2025, this provision has been removed from the text of the Bill by the responsible legislative commission.

The Committee also notes the adoption in 2023 of Act No. 26.600 creating the Biodiversity and Protected Areas Service and the National Protected Areas System. It notes that the protection categories specified in section 56 include Indigenous Peoples Conservation Areas. Such areas are defined as areas located in indigenous lands or indigenous peoples coastal marine areas, which contain native species, habitats and natural land and aquatic ecosystems relevant for the conservation of local, regional or national biodiversity and which are voluntarily intended and managed to achieve the long-term conservation of biodiversity, as well as the protection of the natural heritage (section 62). In accordance with section 80 of the Act, for applications for concessions for research, education or tourism in indigenous peoples conservation areas, the necessity shall be assessed of holding prior consultations, promoting the participation of local communities and ensuring respect for places where traditional customs are followed. The Committee requests the Government to provide information on progress in the process of reforming Act No. 19.300, with an indication of the extent to which the envisaged reform affects the participation of indigenous peoples in the national Environmental Impact Assessment System. The Committee also requests the Government to provide information on the implementation of Act No. 26.600 in relation to the creation of protected areas in indigenous lands or indigenous peoples coastal marine areas, with an indication of the manner in which the peoples concerned were consulted in this regard.

Article 10. Criminal justice. The Committee notes the information provided by the Government on the consultations held with indigenous peoples in 2024 and 2025 on the reform of the Prison Regulations. It takes due note that, according to the report on the systematization of such consultations published by the Ministry of Justice and Human Rights, during the dialogue between State representatives and indigenous peoples, it was agreed that the new Regulations should include provisions allowing the use of indigenous clothing by detainees, the possibility of bringing in traditional foods, flexibility for visits to prisoners and the access of spiritual authorities into prisons. The Committee notes that in April 2025 the Ministry of Justice approved an amendment to the Regulations so that prisoners can use their own clothes, on condition that they are decent and appropriate. The Committee requests the Government to continue providing information on the measures adopted to ensure that the economic, social and cultural characteristics of members of the peoples covered by the Convention are taken into account when penalties are imposed on them.

Articles 26 to 31. Education. The Committee notes that the Ministry of Education undertook an indigenous consultation on the proposed basic curriculum for the inclusion of the language and culture of ancestral indigenous peoples from the first to the sixth year of basic education. It notes with interest that, following the consultation, they were included in the national curriculum. The Government indicates that this reform is being implemented progressively in the 16 regions of the country and in educational establishments with a higher concentration of indigenous students. In total, 3,088 educational establishments are required to implement the new subjects, and progress had been made in 1,601 establishments in 2024. The Committee requests the Government to continue providing information on the measures adopted to promote knowledge of the history and culture of the peoples covered by the Convention among all sectors of the national community. It also requests the Government to continue providing information on the manner in which these peoples participate in the formulation and implementation of education programmes.