Chile

By Daniel Morris | 28. November 2017

Pillar 1: The State Duty to Protect Human Rights

Strand 4: Transparency and Participation

Action Point 4.3 (page 40)

The General Directorate of International Economic Relations of the Foreign Ministry will encourage transparency and inclusion of the civil society both in the negotiation process and in the implementation of trade agreements, pursuant to the confidentiality framework agreed in each case thus generating spaces for the exchange of information, opinions and technical analysis, and through initiatives such as the “Cuarto Adjunto.”*

*The Cuarto Adjunto is understood as an open space for information and discussion with civil society and the private sector. At these meetings, stakeholders in each of the trade negotiation disciplines exchanged information, views and technical analysis with stakeholders in each of the areas covered (e.g. environmental, labour, intellectual property, market access, etc).

Strand 6: Strengthening Coherence between Public Policies

Action Point 6.3. (pages 45-46)

Through the General Directorate of International Economic Relations, the Ministry of Foreign Affairs will:

  • Reinforce the work of committees created pursuant to chapters contained in trade agreements about SMEs, cooperation, gender, environment, transparency and labour matters, so that they include human rights-related objectives in their duties, thus becoming a forum for carrying out relevant dialogues. In line with the above, DIRECON will encourage the development of specific coordination activities in the committees and promote the development of technical capacities in human rights.
  • Continue to promote, in international negotiations, both at a bilateral and multilateral level, Intellectual Property Schemes seeking a balance between the protection inventors and creator rights and the interests of society in general. In this context, apart from promoting Intellectual Property, consideration will be given to the respect for the human right of having access to knowledge and culture, and the right to healthcare. …

 Strand 7: Strengthening of Coherence in International Policy

Action Point 7.2. (pages 47-48)

The Ministry of Foreign Affairs will: …

  • Through the General Directorate of International Economic Relations:
  • Seek to strengthen, in the negotiation of trade agreements, the revision of current agreements and/or unilateral and joint statements with trade partners, certain criteria and provisions highlighting the importance of social sustainability and responsibility, with special focus on the respect for human, environmental, social and labour rights; for example, by mentioning the United National Guiding Principles on Business and Human Rights and or OECD Guidelines.
  • Propose, in the preamble of trade agreements, language showing full commitment with the respect for fundamental human rights, thus continuing the focus adopted in the agreement with the European Union.

Action Point 7.3 (page 48)

The Unit for International Affairs of the Ministry of Labour will:

  • Support the incorporation of the UN Guiding Principles in the trade agreements subscribed by our country, in coordination with the competent authorities, as relevant.

Pillar 2: The Corporate Responsibility to Respect Human Rights

Strand 2: Promotion of Corporate Due Diligence in the Field of Human Rights (page 54)

… Due diligence in human rights urges business enterprises to identify, prevent, mitigate and respond for the negative consequences of their activities on human rights, be them action or omissions directly with their operations, their products or services. Likewise, they must apply that care in their trade relations, including in deals with trade partners, bodies incorporated in their value chain and in any other instance related directly with their trade operations, products or services. …

Action Point 2.1 (pages 59-60)

The National Contact Point for OECD Guidelines (NCP) of the Ministry of Foreign Affairs will adopt a series of measures to strengthen its duties. For this, it will: …

  • Keep the Trade Offices periodically updated, both at a national and international level, as well as the Chilean Embassies abroad and future Chilean diplomats, about OECD Guidelines, through official messages, teleconferences, visits to Embassies/Regional Offices and coordination of the Chilean Diplomatic Academy.