University of Minnesota




Inter-Am. C.H.R., OEA/Ser.L/V/II.34, Report on the Situation of Human Rights in Chile, Doc. 21 corr. 1 (1974).


 

 

CHAPTER XIII

RIGHT TO LEAVE THE TERRITORY OF THE COUNTRY OR TO REMAIN IN IT. RIGHT OF ASYLUM

1. Despite some initial difficulties, the problem of persons resident in Chile leaving the country has almost been resolved. The Representatives of the United Nations High Commissioner for Refugees deserves praise for the effective manner they have organized, in cooperation with the Government of Chile, the establishment and operation of the National Committee for Aid to Refugees, in order to attain that result. The Government of Chile has granted safe-conduct to all foreigners and almost all Chileans who had taken refuge in the diplomatic missions in Santiago.

2. The Government of Chile had granted 4.949 safe conducts for aliens from September 11, 1973 to mid-July 1974. This number of 4.949 is broken down into 2.872 regular safe-conducts, 627 expulsion safe-conducts, and 1.450 courtesy safe-conducts for members of families (persons receiving expulsion safe-conducts are prohibited from returning to reside in Chile). The 2.872 principal safe-conducts granted to aliens are divided into 1.124 regular safe-conducts requested by diplomatic missions for aliens who have taken asylum in the missions, and 1.748 regular safe-conducts requested by the Representative of the United Nations High Commissioner for Refugees (through the National Committee for Aid to Refugees). The Minister of Foreign Affairs has supplied for the Commission's use a complete list of all persons to whom the Ministry had granted regular and expulsion safe-conducts.

The Ministry of Foreign Affairs has also supplied a statistical compilation of the various kinds of safe-conducts awarded up to July 25, 1974.

In addition, 484 aliens who did not have their papers in order received permission to reside in Chile, with the aid of the Representative of the United Nations High Commissioner for Refugees.

At the same time, the Chilean Ministry of Foreign Affairs had granted 2.945 safe-conducts for Chileans who had taken refuge in diplomatic missions in Santiago, and 547 courtesy safe-conducts for members of the families of those persons.

3. Some 20 aliens were still in prison in Chile, on August 2, 1974, classified as political prisoners. Some of these “aliens” have dual citizenship, that is to say, Chilean citizenship and another citizenship also. Most of them have lived in Chile for many years, some as experts or employees in the Government.

4. There was no alien in asylum in the diplomatic missions in Santiago, and there were only 9 Chileans in asylum, all in the Italian Embassy. The Government of Italy had not regularized the status of their diplomatic representation. In addition, the Government of Chile did not wish to grant safe-conducts to 9 persons, until the Government of Italy regularized the situation of their diplomatic representation in Santiago. The Chilean Government stated that it had specific charges against the 9 persons, but, despite that, it had clearly indicated that it will grant the safe-conducts when the Government of Italy has regularized their diplomatic representation.

5. The Government of Chile has granted 133 safe-conducts for the departure of Chileans against whom it considers it has sufficiently serious specific charges to warrant the requests it has submitted for extradition of such persons from the governments of the countries where they are now residing. On August 2, 1974, the Government of Chile had received replies relating to six of these requests for extradition, all of them denying the requests: three from the Government of Mexico, one from the Government of Argentina, and one from the Government of Sweden.

6. The deaths of approximately 25 aliens during the acts of violence that accompanied the change of government have been verified, and 32 other aliens have disappeared. It is probable that some of these disappeared persons have died. But it is also possible that some of them crossed the border without complying with the necessary formalities in the first days of violence.

It is said in Santiago that many Chileans had made preparations for rapidly leaving the country with false documents, under assumed names. It is also possible that some foreigners who took part in political activities had similar documents. But it seems improbable that the total number of persons who crossed the borders with false documents was over 200 or 300.

7. Shortly after the change of government in September, 1973, the regional representative of the High Commissioner arrived in Santiago and requested the cooperation of the Ministry of Foreign Affairs of the new Government of Chile. To that end, the Government of Chile issued Decree Nº 1308 of October 3, 1973, establishing a National Committee for Aid to Refugees.

The National Committee established six refugee houses with United Nations Emergency Funds and—in the beginning—with voluntary personnel. The refugee houses have enjoyed almost the same inviolability as diplomatic missions. According to the provisions of Decree Nº 1308, the Chilean Government reserves the right to request that persons in the refugee houses be turned over to it in the event that it has specific charges against them, The Government has exercised this right in only three cases.

The voluntary workers in the beginning: (a) registered aliens who wished aid; (b) aided in the search for aliens who had disappeared; (c) organized a health service for persons entering the refugee houses; (d) aided persons in difficulties because of the loss of employment; and (e) maintained and administered the six refugee houses. The National Committee requested safe-conducts, while the office of the High Commissioner searched for countries that would take in persons of various nationalities who wished to leave and who could not return to their own countries because of the political situation.

After having aided 1.748 aliens to leave Chile, finding countries to offer them hospitality and obtaining safe-conducts for them, plus courtesy safe-conducts for about 725 family members and expulsion safe-conducts for over 300 aliens as well as permits to maintain residence in Chile for some 480 aliens without their papers in order, the representatives of the High Commissioner began the project of helping several thousand families of persons who had abandoned the country to leave Chile. Most of these family members are Chileans.

The operations of the High Commissioner and the National Committee were financed by the United Nations Emergency Fund up to February 28, 1974. Since that date, the operations have depended on voluntary contributions of United Nations member countries.

8. The religious organizations in Chile have performed important functions in the work of the National Committee, by recruiting voluntary staff members. The Committee has used professionals for tasks requiring such services. The Chairman of the Board of Directors of the National Committee for Aid to Refugees is the Chilean Lutheran Bishop, Dr. Helmut Frenz, who is also the Vice Chairman of the Peace Committee, an international organization that is promoting reconciliation between the classes and parties in Chile. The President of the Peace Committee is Cardinal Henríquez. The representative of the High Commissioner in Chile is Daniel S. Blanchard.

9. Remaining in the refugee houses of the National Committee for Aid to Refugees (under the protection of the representative of the United Nations High Commissioner for Refugees) are some 150 aliens, of whom 100 desire to leave Chile when the High Commissioner obtains permission from other countries to take them in, while 40 of these persons have requested permission to remain in Chile, as residents.

10. The nationalities of the aliens who had left Chile since September 11, 1973, are, in descending order:

Brazilians . . . . . . . . . .688

Uruguayans . . . . . . . .619

Bolivians . . . . . . . . . .582

Argentines . . . . . . . . 352

Russians . . . . . . . . . .334

Peruvians . . . . . . . . .171

Venezuelans . . . . . . .158

Colombians . . . . . . . .137

Ecuadorians . . . . . . .136

Mexicans . . . . . . . . .102

Nicaraguans . . . . . . .86

Spaniards . . . . . . . . .51

French . . . . . . . . . . .51

The countries that have accepted the largest number of aliens and Chileans who have left Chile are:

Argentina . . . . . . . . . . . . . . . .902

France . . . . . . . . . . . . . . . . . .854

Mexico . . . . . . . . . . . . . . . . . .805

Sweden . . . . . . . . . . . . . . . . .649

Federal Republic of Germany . . . .594

Panama . . . . . . . . . . . . . . . . . 436

Cuba . . . . . . . . . . . . . . . . . . .374

Russia . . . . . . . . . . . . . . . . . .263

Venezuela . . . . . . . . . . . . . . .249

Italy . . . . . . . . . . . . . . . . . . .228

Netherlands . . . . . . . . . . . . . .201

Peru . . . . . . . . . . . . . . . . . .189

Spain . . . . . . . . . . . . . . . . . . 162

Colombia . . . . . . . . . . . . . . . .156

Austria . . . . . . . . . . . . . . . . .152

 



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