University of Minnesota

Inter-Am. C.H.R., OEA/Ser.L/V/II.37, Report on the Situation of Human Rights in Chile, Doc. 19 corr. 1 (1976).





American Declaration. Article XX. Every person having legal capacity is entitled to participate in the government of his country, directly or through his representatives, and to take part in popular elections, which shall be by secret ballot, and shall be honest, periodic and free.

Article XXII. Every person has the right to associate with others to promote, exercise and protect his legitimate interests of a political, economic, religious, social, cultural, professional, labor union or other nature.

1. By note of October 20, 1975, the Inter-American Commission on Human Rights addressed the Government of Chile and formulated the following questions:

1. Could the Government of Chile inform this Commission as to how it contemplates structuring the announced Council of State, how its members would be selected, and what functions would be given to it (legislative, overseeing the Executive Power, purely consultative, etc.)?

2. Do decree-laws 77 and 78 continue to be fully in effect?

3. Since August 1, 1974, have any concrete steps been taken with a view to returning to the Chilean people the exercise of the right to suffrage and participation in government, consecrated in Article XX of the American Declaration of the Rights and Duties of Man? If the reply is in the affirmative, it would be appreciated if it could be accompanied by a copy of the pertinent provisions.

2. The Government of Chile has not answered these questions. The information that the Commission has been able to bring together provides no basis for modifying in any substantial way the conclusions in our first report concerning the situation of the rights consecrated in Articles XX and XXII of the American Declaration.

3. We have learned of the creation of a Council of State whose constitution and attributes are unknown to the Commission.


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