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Chile: Vote at Chamber of Deputies Concluded Legislative Process for ICC Ratification

22 June 2009

Dear all,

On June 17, 2009 the Chilean Chamber of Deputies approved the Ratification Act of the Rome Statute of the International Criminal Court. According to the information provided by Parliamentarians for Global Action (PGA), the bill was adopted with 79 votes in favor, 9 against and 1 abstention. This vote marked the conclusion of the long legislative process in Chile that will culminate in its ratification of the ICC Statute.

The final step to make this ratification official is the deposit of the instrument at the United Nations Treaty Office in New York. This is expected to happen before the end of the month when Chile will become the 109th State Party to the Rome Statute.

Chile signed the Statute on 11 September 1998. In April 2002, the country's Constitutional Court established that a constitutional amendment recognizing the ICC's jurisdiction was necessary for Chile to become a party to the ICC. This amendment was passed on 10 may 2009.

Below, please find press releases by CICC members Humanas-Chile and Parliamentarians for Global Action (PGA) along with media reports.

Regards,

CICC Secretariat
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I. MEMBERS PRESS RELEASES

i. "Chile joins the ICC," 17 June 2009, Press Release from Humanas-Chile

"Today, June 17th, the Chamber of Deputies of Chile celebrated an historic session by approving, by a broad majority, ratification of the Rome Statute. A week before, on June 10th, the Senate had also done the same. This critical vote will allow Chile to join the 108 States around the world who are already members of the Court.

The ICC's creation embodies one of the most important advances in international human rights and humanitarian law. Its establishment, through a treaty which has now been ratified by more than 100 States, is a testament to the enormous political will that exists to have an effective instrument to fight the impunity that unfortunately characterizes the perpetration of the gravest crimes against humanity.

The Rome Statute represents an invaluable advance in gender justice. It is especially important in that it defines rape, sexual slavery, forced prostitution, forced pregnancy, and forced sterilization as some of the 'most serious crimes of concern to the international community.'

Although the Chilean process has been slow and complex, the necessary political consensus has finally been reached. More than seven years after the Constitutional Court ruled it as necessary, the constitutional amendment recognizing the ICC's jurisdiction was passed. ICC crimes were also incorporated under national law in order to ensure complementarity. All these efforts were carried out with broad-based political support.

Humanas has worked on ratification and implementation of the Rome Statute in the Latin American region for many years and it expresses its profound satisfaction with the process that the Chilean Parliament has completed today. We also thank each and every one of the national and international organizations that have supported the work carried out to reach this objective."

[Translation from the Spanish is unofficial and provided as a courtesy by the CICC Secretariat]

ii. "Chilean Congress Approves the Ratification of the Rome Statute of the ICC: Parliamentarians Reaffirm that the Fight against Impunity Goes beyond Ideological, Regional or Cultural Differences," Press Release by Parliamentarians for Global Action (PGA), 17 June 2009, www.pgaction.org

"Parliamentarians for Global Action (PGA), a network of over 1,300 legislators from all regions of the world, warmly welcomes the decision taken earlier today by the Chamber of Deputies of Chile to adopt the Ratification Act of the Rome Statute of the International Criminal Court (ICC). This decision concludes a lengthy legislative process, which will allow Chile to become the 109th State Party to the Rome Statute, once the Government of Chile deposits the instrument of ratification at the United Nations in New York.

Dep. Gabriel Ascencio (Chile- PDC) Rapporteur of the Ratification Bill that the Lower House approved in 2002 prior to it being blocked for more than 7 years, declared himself most satisfied by the voting of the Chamber of Deputies that 'sends a very clear signal to the international community on the commitment of Chile against impunity for international crimes.' According to Deputy Ascencio 'the decision of today and the constitutional amendment that recognizes the jurisdiction of the ICC are testimony to the cause of human rights organizations and to the fundamental principle of 'Never Again' - Nunca más!'

Another member of PGA, Dep. Tucapel Jiménez (Chile-PPD) underscored that "our ratification fulfils our wish to protect our children and future generations from the sort of atrocities that have been committed in the past. Our sovereign decision to be a Party to the permanent system of international criminal justice is a guarantee of non repetition of these crimes, which is one of the forms of reparations for the victims of past abuses", Deputy Jiménez concluded.

Chilean Senator Hernan Larrain (UDI) described the ICC process in Chile that required the prior implementation of Rome Statute crimes into the national judicial order as 'an essential legislative achievement given the extreme gravity of conduct in question.' For Senator Larrain 'these decisions taken by the Congress are fundamental to the establishment of a genuine system of national jurisdiction and international cooperation that will impede the commission of these atrocities.'

The membership in the ICC system will bring new opportunities for Chile in its external relations, among them the right to participate in the decision making process of the Review Conference of the Rome Statute, which will take place in Kampala, Uganda, in 2010.

In this respect, Senator Sergio Romero (RN), member of the Foreign Affairs Committee, asserted that 'the vote of the Congress reinforces our support for the principle of equality of all individuals before the law. Our vote today also recognises the contribution of the ICC makes in achieving the goals of the UN, including the Millennium Declaration, because in a world where there is no fairness or justice for individuals, equal and fair distribution of wealth or resources are also endangered.'

For his part, Independent Senator Carlos Cantero, member of PGA International Council, stated, 'our vote today is a step further in extending the mantel of protection of the ICC to all corners of the world, as the dignity of people that is protected by the Statute transcends ideological, regional or cultural differences.'

Today's decision has also resonated further afield - including in Africa. From the DR Congo, where the ICC has opened cases and is continuing investigations for crimes against humanity and war crimes, such as the recruitment of child soldiers and sexual slavery, Deputy Angele Tabu, Secretary of the PGA National Group, congratulated the Chamber of Deputies of Chile in its approval of the ICC Ratification Act. For Deputy Tabu, 'the decision of our Chilean colleagues recognises the suffering and rights of victims of the crimes which the ICC seeks to address. Other States that are not yet party to the ICC should draw inspiration from Chile, which overcame serious political obstacles to spare no effort to advance the cause of justice and the Rule of Law'.

Senator Marita Perceval of Argentina and Senator Raynell Andreychuk of Canada, in a joint statement on behalf of the PGA International Law and Human Rights Program, stressed that 'the voice of Chile will be heard with more strength and legitimacy in the international arena, to protect civilians and peacekeepers who suffer attacks, and to remind those who have not yet joined the Rome Statute that justice, peace and development go hand in hand.'

When Chile deposits its Instrument of Ratification with the United Nations in New York next week, all of South America will be party to the Rome Statute, leaving Cuba, El Salvador, Guatemala, Haiti and Nicaragua as the only Spanish-speaking countries in the American continent that have yet to join the ICC..."

II. MEDIA ARTICLES UNOFFICIALLY TRANSLATED FROM SPANISH

i. "OVERVIEW: Chile Waits for ICC Ratification," Pueblo en Línea, 17 June 2009, http://spanish.peopledaily.com.cn/31617/6682189.html

"Chile's accession to the International Criminal Court (ICC) was ready to be enacted into law after the adoption of the Rome Statute of the Chamber of Deputies.' It's a historic decision to Chile on the progress we have made in this country in matters relating to human rights,' said the Minister Secretary of the Presidency José Antonio Viera-Gallo, who highlighted that this accession marks the end of the special tribunals created by the dictatorship..."

[Translation from the Spanish is unofficial and provided as a courtesy by the CICC Secretariat]

ii. "AI: After vote at the Legislative, Chile should not forget the impunity of the past"," ADN, 18 June 2009 http://www.adn.es/sociedad/20090618/NWS-1589-CPI-Chile-impunidad-adhesion-olvidar.html

"Amnesty International (AI) today welcomed the ratification by Chile of the Rome Statute, of the ICC, but it warned Chileans not to forget about the past. In a statement, the NGO said that Chile's ratification 'is a major step forward to the future.'..."

[Translation from the Spanish is unofficial and provided as a courtesy by the CICC Secretariat]

iii."Chile ratifies the accession to the International Criminal Court," Univision, 18 June 2009 http://www.univision.com/contentroot/wirefeeds/50noticias/7976280.html

"The Chamber of Deputies ratified on Wednesday the Rome Statute, enabling Chile to accede to the Rome Statute that prosecutes genocide, crimes against humanity and war crimes. It took 10 years for Chile to ratify the ICC...."

[Translation from the Spanish is unofficial and provided as a courtesy by the CICC Secretariat]

See also (all in Spanish):

i. "El esperado reconocimiento a la justicia mundial," Editorial by Sohad Houssein and Ninoska Leiva, Radio Universidad de Chile, 18 June 2009
http://www.radio.uchile.cl/notas2.asp?idNota=53533

ii. "AMNISTIA CELEBRA ADHESION DE CHILE A CORTE PENAL INTERNACIONAL," Patagónico, 18 June 2009 http://www.elpatagonico.net/index.php?item=viewlast&ref=ultimas&id=5189&sec=ext

iii. "Pese a rechazo UDI, Chile ratifica Corte Penal Internacional," La Nación, 17 June 2009 http://www.lanacion.cl/prontus_noticias_v2/site/artic/20090617/pags/20090617161323.html

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