Committee on the Elimination of Racial Discrimination

Information received from Chile on follow-up to the concluding observations on its combined twenty-second and twenty-third periodic reports * **

[Date received: 29 December 2022]

I.Introduction

1.In the present document, the State of Chile provides information on the follow-up action it has taken in respect of the priority recommendations, as requested in the concluding observations of the Committee on the Elimination of Racial Discrimination issued on 9 December 2021 (CERD/C/CHL/CO/22-23). In accordance with article 9 (1) of the Convention and rule 65 of its rules of procedure, the Committee requests the State party to provide information on its implementation of the recommendations contained in paragraphs 19 (a) and (b) (racist hate speech and hate crimes), 29 (d) (situation of Indigenous Peoples) and 33 (d) (situation of migrants, asylum-seekers and refugees).

II.Follow-up information (CERD/C/CHL/CO/22-23)

A.Follow-up information relating to paragraph 19 (a) and (b) of the concluding observations

2.At the legislative level, in September 2017, President Michelle Bachelet issued a presidential message launching the passage through the legislature of the bill contained in Bulletin No. 11.424-17. The bill sets out the proposed criminal sanction for hate speech that, in line with the terminology used in the International Covenant on Civil and Political Rights and the American Convention on Human Rights, may incite violence or any other similar unlawful action against a person or group of persons.

3.The original text of the bill introduced amendments to the Criminal Code, Act No. 19,733 on freedom of opinion and information and the profession of journalism, and Act No. 20,393 on the criminal liability of legal persons. With regard to the Criminal Code, the bill included the creation of the offence of incitement to violence by introducing a new paragraph 6, entitled Incitement to violence, and a new article 161-C in chapter three of book two of the Criminal Code. The creation of the offence was intended to punish incitement of intolerance towards vulnerable groups or their members through the use of racist assertions or assertions based on the national or ethnic identity, sex, sexual orientation, gender identity, religion or beliefs of the victim, such discourse being among the most serious and extreme forms of hate speech. The original bill provided for an aggravated form of the offence when committed by a public official in the course of his or her duties or in connection with his or her position. The legal rights protected by the proposed criminal legislation include dignity, the right to non-discrimination and the upholding of democratic society.

4.With regard to the amendment of Act No. 19,733, the bill provided for the repeal of article 31, which punishes publications or transmissions, on any social media platform, intended to promote hatred or hostility towards persons or groups on account of their race, sex, religion or nationality. Given that the bill would insert a similar provision in the Criminal Code, the repeal of this article is intended to ensure that the legal protection framework governing the incitement of violence against media professionals is aligned with that in place for other persons.

5.With regard to the amendment of Act No. 20,393, the bill would include this hate speech among the offences giving rise to the criminal liability of legal entities, with a view to encouraging such entities to include the prevention of discriminatory practices, particularly those that constitute a criminal offence, as a fundamental part of their organizational, administrative and supervisory models. This is in line with the view of the Human Rights Council, which has stated that companies of all types and sizes must respect human rights in all their operations.

6.In 2018, the Government presented an alternative proposal containing the following modifications: the expansion of the range of grounds or motives for the offence of incitement to physical violence to include ideology, political opinion, religion or belief, nationality, race, ethnicity or social group, sex, sexual orientation, gender identity, age, affiliation, personal appearance, illness or disability; the replacement of the existing penalty for the offence with community service and, in cases of breach of the conditions of a previous sentence or where community service is not possible, the imposition of a fine of 10 to 20 monthly tax units; and the establishment of criminal and procedural rules applicable to community service sentences.

7.While the bill was being processed by the Human Rights Commission of the Chamber of Deputies, parliamentarians presented further proposals, including the addition of the offence of denialism in respect of acts committed by anyone who, by any means, justifies, approves of or denies the human rights violations committed by State agents during the civil-military dictatorship in Chile between 11 September 1973 and 11 March 1990 and recorded in current or future official reports recognized by the State, provided that such acts disturb public order or unlawfully prevent, hinder or restrict the exercise of a right by the offended party or parties. The offence would carry a penalty of medium-term rigorous imprisonment and a fine of 40 to 60 monthly tax units. It would be classified as aggravated if committed by a public official.

8.In January 2020, the bill was broadly approved by the Chamber of Deputies. However, in September of the same year, during the vote on the bill, all the articles were rejected with the exception of the one incorporating into the Criminal Code the offence of denial of human rights violations committed during the civil-military dictatorship in Chile. That same month, two deputies registered their doubts over the constitutionality of the sole article approved by the Chamber. In November 2020, the Constitutional Court declared the article unconstitutional owing to the absence of any connection with the main thrust of the bill (Decision, Case No. 9529-2020). For more information on the processing of the bill, please refer to annex 1 of the present report.

9.Notwithstanding the foregoing, the Government of Chile is aware of the challenges in eliminating racism, racial discrimination, xenophobia and related intolerance and has adopted other measures to make decisive progress in these matters. Among them is the Observatory for Citizen Participation and Non-Discrimination of the Office of the Minister and Secretary General of Government. The main functions of the Observatory are to provide training and engage in dialogue with government officials on Act No. 20,609 on anti-discrimination measures. Under the Act, discrimination on grounds of race or ethnicity is considered arbitrary.

10.In this context, in the year to October, 2,741 civil servants have received training on Act No. 20,609, and the second public consultation on discrimination in Chile took place. As part of the consultation process, discussions and participatory dialogues were held with the aim of exchanging opinions and approaches and ensuring the participation of a range of stakeholders, as well as institutional commitment to developing a bill to reform the Act. The events, which were held nationally between 26 December 2019 and 26 January 2020, were advisory, voluntary, anonymous and non-binding in nature. The main objective was to gather information on perceptions of discrimination in Chile and to raise public awareness about it.

11.Subsequently, the Observatory for Citizen Participation and Non-Discrimination was tasked with organizing technical consultations focused on prevention, promotion and protection in the context of arbitrary discrimination. The purpose of the consultations was to create a space for meeting and reflection on the issue of arbitrary discrimination, to gather input from civil society organizations in a cross-cutting manner and to compile the ensuing recommendations for submission to the Office of the Undersecretary for Human Rights. As the Committee is aware, the Office’s mission is to contribute to the promotion and protection of human rights in Chile by coordinating the activities of public agencies and institutions to promote policies and plans that incorporate a human rights approach and social impact. The methodology applied made it possible to gather input in a consultative manner with a view to modifying the anti-discrimination legislation. Each consultation was organized in the form of working groups with representatives from organizations in the areas of disability, migrants, indigenous peoples, children and adolescents, religious issues, older persons, sexual orientation and gender identity, and health. The consultations were held between June and August of the current year.

12.The regional participatory dialogues on the Act were consultative in nature and were aimed at sharing opinions and approaches that foster public participation. The participants were convened by the Ministerial Regional Secretariats and State bodies relevant to the groups addressed in the Act. Three days of dialogues were held via Zoom in three macrozones pertaining to the north, central and south regions of the country, as shown in Table 1.

Table 1

Macrozones
Regions	North	Central	South
Arica and Parinacota Tarapacá Antofagasta Atacama Coquimbo	Valparaíso Libertador General Bernardo O’Higgins Maule Ñuble Biobío	La Araucanía Los Ríos Los Lagos Aysén del General Carlos Ibáñez del Campo Magallanes and the Chilean Antarctic

13.Table 2 presents a breakdown of the participants in the different dialogues at the national level.

Table 2

Macrozone	Room 1	Room 2	Room 3	Room 4
North	Disability	Diversity Indigenous Peoples	Migrants Members of religious orders Civil society
Central	Disability	Diversity Indigenous Peoples	Migrants Members of religious orders Civil society
South	Disability	Diversity Indigenous Peoples	Migrants Civil society	Members of religious orders Disability

14.The regional participatory dialogues were attended by officials from the Ministerial Regional Secretariats of the Office of the Minister and Secretary General of Government, who moderated the discussions with organizations on a range of topics. Civil society was represented by 161 organizations from all over Chile: 48 of them participated in the north macrozone dialogue, 47 in the central macrozone dialogue and 66 in the southern macrozone dialogue. A sign language interpreter was present in each of the rooms.

B.Follow-up information on paragraph 29 (d) of the concluding observations: Recalling its general recommendation No. 23 (1997) on the rights of indigenous peoples, the Committee reiterates its preceding concluding observations (CERD/C/CHL/CO/19-21, paras. 13, 15 and 16) and urges the State party to:

15.Through its ratification of a number of international treaties, Chile is committed to the promotion and exercise of the collective rights of Indigenous Peoples. These include linguistic rights and the promotion of Indigenous languages, given that a significant number of the demands of Indigenous Peoples centre on according languages a higher value and increasing their use given the role they play in the conservation of ancestral knowledge. Chile therefore recognizes the need for public policies that are designed to save, preserve and promote Indigenous languages and that address the regulation and institutionalization of this issue. The State is therefore committed to advancing the implementation of intercultural perspectives.

16.With that aim, the Indigenous Affairs Coordination Unit of the Ministry of Social Development and Families is undertaking a range of actions in the short term in connection with the objectives of the International Decade of Indigenous Languages, including the following:

(a)During 2022 and early 2023, 8,000 dictionaries of Indigenous languages used in Chile will be distributed to schools in all regions of the country, with the aim of promoting interculturality and increasing the use of the most widely-spoken Indigenous languages, namely Aymara, Mapuche, Quechua and Rapa Nui, starting with the youngest generations;

(b)During 2023, with support from the United Nations Educational, Scientific and Cultural Organization (UNESCO), work will begin on the outline of an Indigenous public policy focused on Indigenous languages and multilingualism. It will be based on a comparative analysis of national and international public policies and a review of an assessment of the status of the languages of the 10 Indigenous Peoples recognized in Chilean legislation.

17.In addition, the National Indigenous Development Agency has a Culture and Education Unit that is responsible for five cultural and educational programmes: (a) Management and Protection of Indigenous Cultural Heritage; (b) Recovery and Revitalization of Indigenous Languages; (c) Intercultural Indigenous Education; (d) Dissemination and Promotion of Indigenous Cultures; and (e) Training Subsidies for Indigenous Persons. Each of the Unit’s programmes is focused on promoting a revival of Indigenous culture and education. The programmes are implicitly connected to each other through the aim of reviving Indigenous languages:

(a)Management and Protection of Indigenous Cultural Heritage: This programme is designed to improve conservation of the architectural, anthropological, archaeological, historical and cultural heritage of Indigenous peoples, and to increase society’s appreciation of the elements of that heritage. It is focused on developing initiatives to protect and safeguard sites of great Indigenous cultural significance and to strengthen traditional indigenous medicine, while remaining aware that cultural heritage defines Indigenous Peoples and taking into account the fact that, in all elements of heritage, language is the main means of connection to new generations;

(b)Recovery and Revitalization of Indigenous Languages: This programme seeks to increase knowledge and use of Indigenous languages among the country’s Indigenous children and young persons through three components:

(i)Educational resources and phonetic materials for the learning of Indigenous languages: This component is aimed at strengthening language learning through the creation of teaching materials and the use of information and communication technologies to support learning;

(ii)Organizations for the teaching of Indigenous languages to children and young persons: This component encompasses the use of linguistic immersion and “language nests” at the local level. Indigenous languages are used during all daily activities. In 2022, this strategy is being rolled out in the Biobío and Tarapacá regions, with at least 100 active participants;

(iii)Subsidies for the development of workshops and courses for learning Indigenous languages: workshops for learning Indigenous languages are organized for groups of 15 people. It is vital to include a traditional educator who can teach the language to participants through meaningful daily activities. In 2022, this learning strategy will directly benefit at least 1,200 persons;

(c)Intercultural Indigenous Education: The programme addresses the loss and devaluation of the country’s Indigenous languages and cultures by adapting the educational curriculum in kindergartens and schools attended by indigenous children and fostering better relations between children with and without Indigenous ancestry. The programme consists of two components: (i) the teaching of Indigenous languages and cultures in educational establishments; and (ii) traditional Indigenous education. Funding is being prepared for a formal intercultural education project, including the purchase of training materials and the hiring of an Indigenous language and culture teacher. The target population is Indigenous and non-Indigenous children under 6 years of age who attend kindergarten or preschool education in establishments where more than 20 per cent of students are Indigenous. In 2022, the programme was rolled out in 300 kindergartens, reaching at least 700 Indigenous children;

(d)Dissemination and Promotion of Indigenous Cultures: The programme addresses the loss of knowledge and cultural perspectives of the Indigenous Peoples of Chile, namely Aymara, Quechua, Kolla, Likan Antay, Diaguita, Mapuche, Rapa Nui and Selknam, by providing funding for initiatives that promote, disseminate and preserve Indigenous customs and cultural expressions. The initiatives that comprise the programme are designed to strengthen identity by reinforcing language use. The programme has three components:

(i)Competitive funding for artistic and cultural initiatives undertaken by Indigenous individuals, communities or associations;

(ii)Projects to create, edit and publish graphic and/or audiovisual materials to disseminate Indigenous culture;

(iii)Funding for exhibitions, cultural fairs and artistic events, and support for the activities of the four Institutes of Indigenous Culture, Science and Technology in Chile.

18.The Directorate of Cultural Affairs of the Ministry of Foreign Affairs is strongly committed to increasing bibliographic resources and expanding the dissemination of Indigenous languages. Several initiatives are already under way, mainly in the area of publications. The projects are in Indigenous languages used in Chile and in other countries and are mainly co-published with the publishing arm of the National Library or with embassies, with collaboration and support from local entities, particularly with distribution. The projects under way include:

(a)Publication of the book Cielo, mar y tierra by Gabriela Mistral, a bilingual anthology of children’s poetry in Spanish and Kichwa co-published by the Directorate of Cultural Affairs and the publishing arm of the National Library (Ecuador, 2015). Kichwa is the second most widely spoken variety of Quechua in the Ecuadorian highlands, southern Colombia and northern Peru. To launch the book, its anthologist, the notable Chilean children’s author Manuel Peña Muñoz, embarked on a reading tour of nine cities in the Ecuadorian highlands;

(b)International publication of the book Dos cuentos, cinco voces by the publishing arm of the National Library in 2016. The publication brings together El vaso de leche and Pancho Rojas, two of the most important stories by Manuel Rojas, winner of the Chilean National Prize for Literature, and translations of them into the Rapa Nui, Mapuzungun, Aymara and Quechua languages. It is accompanied by a CD with audio recordings of the book read in Spanish, by the author himself, and in the aforementioned Indigenous languages. The translations were done especially for this work by Mario Tuki (Rapa Nui), Miguel Urrelo (Quechua), Benito Cumilaf (Mapuzungun) and Carlos Cañari (Aymara), in recognition of the linguistic richness of Chile. The publication was developed with support from the Manuel Rojas Foundation and the National Disability Service as part of Read by Listening at the National Library (Lee Escuchando en la Biblioteca Nacional), the winning project of the 2015 National Fund for Inclusive Projects;

(c)Publication of the book Cielo, mar y tierra by Gabriela Mistral (Paraguay, 2019), a bilingual anthology of children’s poetry in Spanish and Guarani, translated and prefaced by Susy Delgado, winner of the National Prize for Literature of Paraguay;

(d)Translation and reading of two poems by Gabriela Mistral in the Gadigal language. (Sydney, Australia, 2021). To commemorate the birth of Gabriela Mistral, a tribute event with music and poetry was held in honour of the Nobel Prize winner. At the event, two representatives of the Gadigal people, Mr. Stuart MacMinn and his son, read the poems Piececitos and Meciendo, which were translated especially for the occasion. Mr. MacMinn also conducted a Welcome to Country ceremony, which is intended to show respect to the Aboriginal peoples of Australia. The ceremony, which was organized by the Consulate General, took place at the Instituto Cervantes in Sydney, in the library named after Ms. Mistral. The event was streamed online and also recorded and shared with the Instituto Cervantes network around the world;

(e)Publication of the book De sueños azules y contrasueños (Von Blauen Träumen und Gegenträumen) by Elicura Chihuailaf. Published by Delta (Germany, 2021) in conjunction with the Translation Support Programme for Foreign Publishers in the Directorate of Cultural Affairs, the trilingual book contains poems in Spanish, Mapuzungun and German by the winner of the National Prize for Literature;

(f)Publication of the book Sueños de luna azul y el tiempo que nos sueña by Elicura Chihuailaf. Published by Delta (Germany, 2022) in conjunction with the Translation Support Programme for Foreign Publishers in the Directorate of Cultural Affairs, the trilingual book contains poems in Spanish, Mapuzungun and German by the winner of the National Prize for Literature;

(g)Publication of the book Gabriela Mistral en Lengua Nahuatl. Published in Mexico in 2022, the bilingual Spanish-Nahuatl volume contains a selection of poems from the book Prosa y poesía escolar, co-published by the Directorate of Cultural Affairs and the National Library. It was published as part of the programme to commemorate the 100th anniversary of Gabriela Mistral’s arrival in Mexico and the 100th anniversary of the publication of her work Desolación. The translation was completed by three female poets from Hidalgo, Puebla and Veracruz. The project was carried out in collaboration with the Ministry of Education and the National Institute of Indigenous Languages. The book was launched in July 2022, and 4,000 copies were donated to the Ministry and the Institute to be distributed in their educational networks;

(h)Publication of the book Poemas/Mōteatea/Poems by Gabriela Mistral (New Zealand, 2022). The trilingual Spanish-Maori-English edition contains a selection of poems from the book Prosa y poesía escolar and was co-published by the Directorate of Cultural Affairs and the National Library as part of the project to commemorate the 50th anniversary of the establishment of diplomatic relations between Chile and New Zealand and the 100th anniversary of the publication of Desolación. The preface was written by the Minister of Foreign Affairs of Chile. Massey University provided support. This is the first time that Gabriela Mistral’s poetry has been translated into Maori. The book was launched on 23 September 2022.

(i)Publication of the book Poemas para la infancia by Gabriela Mistral. The illustrated bilingual Spanish-Swahili edition (Kenya, 2022) contains a selection of poems from the book Prosa y poesía escolar and was co-published by the Directorate of Cultural Affairs and the National Library as part of the project to commemorate the 100th anniversary of the publication of Desolación. A total of 5,000 copies will be published and distributed by educational establishments, libraries, cultural centres and authorities in countries including Rwanda, Tanzania and Uganda, where the Chilean Embassy is present. Swahili is spoken by more than 100 million people as a first or second language and is one of the official languages of the African Union. It is currently being promoted throughout the continent and is spoken in Kenya, Tanzania, Rwanda, Uganda, Mozambique, the Congo, Malawi and Zambia;

(j)Publication of the book Alturas de Macchu Picchu by Pablo Neruda (Peru, 2022–2023). The bilingual Spanish-Quechua edition uses the Cuzco variant, also known as collao or imperial Quechua, and was published as part of the project to commemorate 200 years of independence in Peru and the 50th anniversary of the death of Pablo Neruda. The book was supported by the Office of the Ministry of Culture in Cuzco and the Neruda Foundation. The publication contains images of the Yale University expedition to Machu Picchu at the beginning of the 20th century, three texts by Neruda with his impressions after his visit to Cuzco and Machu Picchu, and remarks by the Minister of Foreign Affairs. The text is accompanied by a digital audiovisual recording accessible via a QR code printed in the book to facilitate access to the Quechua version of the poem. This is because the majority of the Quechua-speaking population uses the language orally. The book will be published in late 2022 or early 2023.

19.In 2023, the following projects are worthy of note:

(a)A tour of Germany is being arranged for Elicura Chihuailaf to present his two trilingual books published in Spanish, Mapuzungun and German;

(b)Promotion of publications in foreign Indigenous languages; call for applications to the Translation Support Programme for Foreign Publishers involving poetry or children’s texts written in Chilean Indigenous languages.

C.Follow-up information relating to paragraph 33 (d) of the concluding observations

20.From April 2022, the National Migration Service, which is the competent authority in this area, adopted a series of measures to expedite the processing of residence permits to ensure that migrants receive a timely response to their applications to the Service. The measures include the following: (a) the hiring of 50 new officials to process applications for temporary and permanent residency; (b) an overtime plan for a period of 6 months; (c) adjustments to and simplification of the processing of temporary and permanent residency applications, eliminating bureaucracy and allowing migrants more time to provide any missing information; (d) the preparation of Circulars setting out changes to the assessment criteria; (e) substantive improvements to the computer system, including email notifications, payment of fees and requests for further background information sent through the migration portal directly to the applicant’s email address, as well as switching to the use of a single platform for processing applications; (f) improvements to the interoperability tool used by the Chilean Investigative Police; (g) redistribution of team members to the different processing areas; and (h) prioritization of applications that have been waiting longer than the average processing time.

21.The use of these measures has facilitated the assessment of applications, decreased processing times and improved communication with service users. Following the adoption of the contingency plan, by the end of October of this year more than 90 per cent of pending applications had been resolved; at the outset, in April 2022, 80 per cent of all applications had been awaiting a decision.

Table 3 – Granting of residency to children and adolescents by type of permit, January–October 2022

Type of permit	2022
Special regularization 2021	19 986
Temporary residency	16 242
Permanent residency	12 034
Total	48 262

Source: Research Department, based on administrative records of the National Migration Service.

Table 4 – Granting of residency by type, March–October 2021/2022

Type of permit	March/October 2021	2022
Special regularization 2021	8 106	158 281
Temporary residency	58 086	56 149
Permanent residency	16 095	67 425
Total	82 287	281 855

Source : Research Department, based on administrative records of the National Migration Service.

22.In terms of regularization, priority has been given to granting temporary residency to children and adolescents, irrespective of whether they entered the country lawfully or unlawfully. As shown in Table 3, 48,262 residence permits were granted.

23.With regard to migrants’ access to information on regularization procedures, it should be noted that the National Migration Service promotes regularization in accordance with its legal mandate and shares information on all requirements, procedures and migration categories on its website, on social media platforms and in the press. During 2022, information-sharing plans have been put in place at the central level and in coordination with other government bodies; they include the Protected Borders Plan and the development of the National Policy on Migration and Foreign Nationals through regional and thematic participatory dialogues.

24.Information about the Service’s procedures has been shared on social media networks on a weekly basis. The Service has also conducted activities in the field and publicized official notices, decrees and circulars that have a direct impact on the public, with the aim of ensuring the availability of information and promoting participation and integration in Chilean society. In addition, the Service has run educational information campaigns to prevent scams involving residence permits and other immigration benefits.

25.The National Migration Service mainly serves its users through the following digital platforms:

(a)The Public Information and Assistance System, which is users’ first point of contact with the Service. Members of the public can make requests through the system, which are then directed to the appropriate area of the Service. The types of requests received through the System are: (i) queries, mainly requests for information and guidance on immigration benefits, procedures and points of entry, and questions about matters such as requirements, application locations and deadlines; (ii) complaints, including general or specific requests regarding the improper assessment of applications, and expressions of dissatisfaction with or disapproval of irregular conduct by public officials; (iii) suggestions, including proposals, ideas or initiatives submitted by individuals seeking to improve processes, service provision or the performance of public functions; (iv) appreciation, in the form of comments from users satisfied with the service they have received, including quality of information, speed, efficiency in solving problems and good customer service; and (v) opinions, including proposals or ideas submitted by users about the service they have received or any other aspect of the Service’s activities. So far this year, 61 per cent of the requests submitted through the Public Information and Assistance System have been processed, as shown in the following table.

Table 5 – Processing of requests in 2022 (as of October)

Month	System requests processed	System requests pending	System requests received in 2022
January	11 599	5 760	17 359
February	13 821	7 024	20 845
March	21 629	12 795	34 424
April	22 391	13 758	36 149
May	34 157	18 584	52 741
June	30 790	20 905	51 695
July	25 387	17 734	43 121
August	22 902	18 418	41 320
September	23 732	15 574	39 306
October	20 898	14 756	35 654
Total	227 306	145 308	372 614

(b)Help Portal: The Help Portal of the National Migration Service is a help desk that provides support and guidance to users. It consists of two services:

(i)Knowledge Repository: This is the information published on the website, which is organized by migration categories and offers sections containing general information, tips and frequently asked questions. The purpose of the Repository is to guide the user by providing information on how, where and when to complete the relevant procedures, sharing step-by-step guides, answering frequently asked questions and offering general information. Between January and October of this year, a total of 197 articles in Spanish and English have been published in the Help Portal. Of the 103 articles available in Spanish, 94 have been translated into English; they have accumulated 653,719 views and 8,496 likes;

(ii)Help desk tickets: These relate to queries or requests submitted by users to the Service. Documents can be attached so that officials or agents can assess them and provide a response. Between January and October of this year, 116,836 tickets were submitted via the Portal. Help desk tickets can be either automatic or manual. Automatic tickets relate to queries regarding requirements, procedures, deadlines and other questions, the responses to which can be found in the legislation and form part of the Service’s procedures. These tickets are resolved immediately through automatic processes programmed into the platform. A total of 105,458 automatic tickets had been submitted. Manual tickets involve more complex cases requiring assessment and management by an official or other areas of the Service in order to provide the submitter with a response. Manual tickets have changed over time in line with migration patterns and the needs of the Service. A total of 11,378 manual tickets have been submitted;

(c)User Support Centres: The National Migration Service currently provides face-to-face support at its new User Support Centres, which began operating in August 2022. The aim of the Centres is to resolve complex queries in person at the Service’s regional offices. This service is currently offered in Arica, Antofagasta, Coquimbo and Maule. Over time, as the current procedures are consolidated, other regional offices will begin to provide the same service.

26.A distinction must be made with regard to official documents. In cases where people do not have documents issued by their State of origin, efforts are made to coordinate with the respective consular representations for the issuance of identity documents confirming nationality. With regard to official documents issued by Chile, as the receiving country, foreign nationals are entitled to receive an identity card when they are granted a residence permit. In addition, while their residence permits are being processed, foreign nationals are issued with certificates proving their regular migration status, allowing them to work and to leave and re-enter the national territory.

27.Another noteworthy measure is the incorporation, in article 44 of Act No. 21,325 on Migration and Foreign Nationals, of the obligation of the Civil Registry and Identity Service to issue a national identity card as an identity document for foreign nationals who do not have official documentation and who need to obtain benefits or services from a State body, social security or private health institution or agency, or public or private education establishment. Using the identity cards, migrants who have not yet been able to regularize their immigration status can easily obtain access to social benefits. Pursuant to the same article, persons who do not possess an identity card cannot be refused the services or benefits they require. These regulations were issued by the Ministry of Justice and Human Rights in Decree No. 106 of 2021 and are currently being fully implemented.

28.Since 2017, the Ministry of Education has instituted mechanisms that allow prompt access to the educational system for all foreign students, with the aim of safeguarding the exercise of their right to education irrespective of their immigration status or any other characteristic that may give rise to discrimination. As shown in Table 6, a total of 240,514 foreign students have been enrolled in 2022, representing approximately 6.6 per cent of the total number of students. Enrolment has increased by 210 per cent in the period 2017–2022, with more than 50 per cent of foreign students attending public schools. With the temporary school identification number, children and young persons can enter the educational system even if they do not hold a Chilean residence permit.

Table 6 – Enrolment of foreign nationals in the education system

Indicator	No.	%
With temporary school identification number	127 786	53.1%
Without temporary school identification number	112 728	46.9%
Total	240 514	100.0%

Source: Statistics Unit, Research Department, Ministry of Education. Based on preliminary enrolment, 2022.

29.The Ministry of Education has made significant efforts to train public officials on issues relating to awareness and non-discrimination. During this year, training sessions have been organized in partnership with other government agencies to share information, raise awareness and guide processes in this area, as shown in the following table.

Table 7 – Ministry of Education Training Courses

Training	Provider	No. of officials	Units
Education and migration flows	General Education Division	350	National, regional and provincial department teams
Migration awareness	National Migration Service	140	Public assistance, Ministry of Education
Migration categories	National Migration Service	165	Public assistance, Ministry of Education
Act No. 20609 on non-discrimination	Observatory for Citizen Participation and Non-Discrimination Office of the Minister and Secretary General of Government	146	Ministry of Education officials
Right to education: Foreign students in the education system	General Education Division	200	Ministerial Regional Secretariats of the Ministry of Education, Antofagasta, Santiago and Valdivia
Total officials		1 001

Source : Inclusion and Participation Unit, Ministry of Education.

30.As part of the training programme for public officials, and with the aim of supplementing teacher training on non-discrimination, the platform run by the Centre for Advanced Training, Experimentation and Pedagogical Research of the Ministry of Education now hosts the course Creando Aula (Creating Classrooms), a training strategy for teachers working in the context of emergencies and migration crises. The course was designed by Education Cannot Wait and the Regional Education Group for Latin America and the Caribbean, which brings together a number of international agencies.

31.As part of the design of campaign strategies for the school admissions system, in 2022 foreign families were defined as a target group requiring specific information. With that in mind, 12,500 copies of printed information were distributed nationwide, and a series of activities were organized in partnership with civil society organizations associated with the Response for Venezuelans (R4V) platform with a view to disseminating relevant information in a timely manner to ensure that foreign families had sufficient information to allow them to undertake the 2023 school admissions process.

32.Lastly, the Ministry of Education has participated in a number of international activities related to upholding the rights of individuals in the area of migration. These activities include the Twentieth South American Conference on Migration, the Quito Process and the launch of a study conducted by the World Bank on the recognition and validation in Chile of qualifications obtained abroad. The Office of the Superintendent of Education is currently working to issue a circular on inclusion and non-discrimination that is intended to provide guidance for the education system on an issue that is essential for better relations in educational communities.