By: Max Cohen
Impunity Watch News Reporter, South America

SANTIAGO, Chile – About a week after Chile’s Constitutional Tribunal officially approved a law lessening the country’s restrictions on abortion, President Michelle Bachelet has introduced a bill to legalize gay marriage. Chile previously decriminalized gay sex in 1999 and approved civil unions in 2015. If approved, the measure would redefine the country’s definition of marriage, and expand the rights of gay couples by allowing them to adopt children. It would also recognize the marriages of same sex couples married abroad.

After passage of a bill decriminalizing abortion under certain circumstances, a few legislators requested review of the law before the Constitutional Tribunal claiming that it would violate the Chilean constitution’s guarantee of protection of the unborn. On August 21^st, the ten justices voted six to four in favor of the legislation, which replaced a law passed in the last years of the Pinochet dictatorship. Currently, women may now legally get an abortion in the country when the mother’s life is in danger, the fetus is unviable, or when the pregnancy is the result of rape.

On August 28, President Michelle Bachelet signed a proposal to legalize gay marriage in the country, which now goes to the legislature to decide on. In signing the proposal, President Bachelet said, “We can’t let old prejudices be stronger than love.” Though civil unions have been recognized in several South American countries, only Argentina, Uruguay, Brazil, and Columbia have thus far legalized same sex marriage, with the latter two legalizing it through court rulings.

With her term ending in March 2018 though, President Bachelet is unlikely to see the bill passed. One of her potential successors, former president Sebastian Pinera, who polls at the time of writing this article have favored to win the upcoming November election, opposes the bill. In a statement to the BBC, he said, “There should not be discrimination, but at the same time the essence of an institution such as marriage should be respected, which has always been about conserving the human race.” Still though, gay rights activists within the country are celebrating the move as historic.

For more information, please see:

BBC – Chile leader sends gay marriage bill to congress – Aug 29, 2017

The Guardian – ‘Essential rights’: Chile’s President Bachelet introduces gay marriage bill – Aug 29, 2017

ABC – Chile’s Bachelet presents gay marriage bill – Aug 28, 2017

New York Times – Chilean Tribunal Weighs In: Some Abortions Will Now Be Legal – Aug 21, 2017

By: Emily Green
Impunity Watch Reporter, South America

CARACAS,Venezuela – After a scathing human rights report by the UN, Venezuelan President Maduro cancels plans to address the UN Human Rights Council on September 11, 2017. Maduro will send newly-appointed foreign minister, Jorge Arreaza, in his place to address the Council on its opening day.

Many see Maduro’s decision not to speak as a response to the U.N.’s human rights report and increased activism against his policies. The report calls for further investigation and accountability by the Venezuelan government. It also asks the UN Human Rights Council itself to take measures to prevent these human rights violations.

On August 30^th, The UN reported extensive human rights violations and abuses in Venezuela. These come in the wake of anti-Government protests as tensions between the Government and the opposition increase. The report indicates a repressive policy with the use of excessive force and arbitrary detention against protesters. The government’s actions toward protesters, led by Maduro, point to “the existence of a policy to repress political dissent and instill fear in the population to curb demonstrations.”

The President, as one of the 47 current member states, planned to speak at this three-week UN Human Rights Council session. He last addressed this audience in November 2015. The Council does not invite dignitaries to participate in meetings, but it is protocol to honor member states’ requests to speak.

Although he was granted speaking time, a Council spokesman released a statement that Maduro would not address the council without giving a specific explanation.

The U.N. report paints a disturbing picture of the country. Reliable sources estimate the number of people detained since the beginning of April to be 5,000, including 410 children. Many detained victims have described it as “cruel, inhuman and degrading treatment.” Other detainees, both men and women, also reported threats of sexual violence and death perpetrated by the guards. Conditions in detention centers are alarming with accounts of over-crowded cells, rat and insect infestations, and lack of drinking water and bathroom facilities. The U.N. found these victims’ accounts to be consistent and corroborated by medical records.

President Maduro does not allow the U.N. investigation to enter the country, so this report is based on phone interviews with victims, families, NGOs, journalists, lawyers, first-responders and doctors. There are reported attacks to journalists and media workers to stop them from covering the demonstrations. These demonstrators and journalists have been designated “terrorists” and “enemies” by authorities.

Maduro’s spot at the podium was already being criticized. Critics were outraged and did not want to see the UN stage used by a dictator. Days earlier, 12 human rights activists called for an urgent Council meeting to discuss Venezuela’s membership and protest Maduro’s appearance.

For further information, please see:

CNS News – Maduro Cancels Plans to Address UN Human Rights Council; Activists Want Venezuela Expelled – 6 September 2017

Reuters – Venezuelan President Maduro will not go to U.N. rights forum – 5 September 2017

Fox News – UN rips Venezuelan human rights abuses, as government orders opposition leader’s wife to court – 2 September 2017

UN News Centre – Human rights violations indicate repressive policy of Venezuelan authorities – 30 August 2017

By: Max Cohen
Impunity Watch News Reporter, South America

CARACAS, Venezuela – The United Nations has released a report chastising the Venezuelan government over extensive human rights violations committed in the wake of anti-government protests. Additionally, Venezuelan authorities have opened an investigation into Lilian Tintori, the wife of opposition leader Leopoldo Lopez, after allegedly discovering a large amount of cash in her car. She has since been barred from traveling outside the country to attend meetings with European leaders scheduled for the week of September 3rd-9th.

The UN report documents the systematic use of excessive force during demonstrations and the arbitrary detention of protesters, noting that all evidence indicates that these were not the actions of a few isolated officials. It calls on the UN Human Rights Council, of which Venezuela is a member, to take measures to prevent the human rights situation from worsening. Venezuela’s government has slammed the report as shoddy and biased, though the report says that victims’ accounts were consistent and corroborated by medical reports and NGO reports.

The report also indicates that of the 124 deaths linked to the protests, security forces are allegedly responsible for 46, while pro-government armed groups are responsible for 27. More than 5,000 people have been detained since the protests began in April, with 1,000 still being held.

On Thursday, August 31^st, Venezuelan authorities discovered around 200 million bolivars, equal to about $60,000, on the nation’s weakest official exchange rate or $10,000 on the more commonly used black market rate, in the car of Lilian Tintori. It’s unclear what crimes she has being investigated for, since possession of cash in Venezuela is not a crime. However, Tintori is convinced that the actions are government sanctioned persecution targeted towards her.

She also claims that the money was to pay for emergencies, including the hospitalization of her grandmother. Tintori claims that cash was necessary since inflation has decimated the value of Venezuela’s currency, and because no bank would give a credit card or open an account for the wife of an opposition leader. She has also since been banned from leaving the country, a move that came a day after she was ordered to appear before a judge on September 5th.  Tintori was expected to travel to Europe to convince leaders there to institute sanctions against Venezuela.

For more information, please see:

Bloomberg – Venezuelan Opposition Activist Says She Was Barred From Traveling to Europe – 2 Sept, 2017

Fox News – UN rips Venezuelan human rights abuses, as government orders opposition leader’s wife to court – 2 Sept, 2017

ABC – Venezuela probes wife of opposition’s Lopez for cash in car – 1 Sept, 2017

United Nations News Centre – Human rights violations indicate repressive policy of Venezuelan authorities – 30 Aug, 2017

By: Max Cohen
Impunity Watch Reporter, South America

SANTIAGO, Chile – In the early days of August 2017, and after two years of debate, lawmakers in Chile overwhelmingly approved a dramatic change in the country’s abortion laws allowing women to terminate a pregnancy under certain conditions. Before becoming law however, the Constitutional Tribunal must approve of the law.

Currently, Chile has an absolute ban on abortion in all circumstances. Abortions were originally allowed for medical reasons in Chile since 1931, but in 1989 during the last years of the Pinochet dictatorship the ban was implemented and has remained law ever since. Anyone who participates in an abortion could serve up to 15 years in prison, although in recent years courts have tended to order therapy rather than incarceration for the women involved. Between 2010 and 2014 there were nearly 500 people charged and 73 convictions for abortion related offenses, 12 of which are men currently serving prison sentences.

The new law would only allow for abortion in certain circumstances such as if the pregnancy endangers the life of the mother, or if the fetus is not viable, or if the pregnancy resulted from rape. If a pregnancy may endanger a woman’s life however, abortion would not be allowed. It’s only when the woman’s health is in danger that the law would allow her to get an abortion, and even then, only after requiring the opinion of two doctors.

According to a survey poll taken last month about 70% of Chileans support the change in the country’s abortion laws. Approximately 60,000 – 70,000 illegal abortions are performed each year in Chile. Despite this, the new law has its share of opposition which forced it to be referred to the Constitutional Tribunal.

However, whether the law will be approved by the Constitutional Tribunal is uncertain. Even though proponents seek to argue that it is a human right to be able to have an abortion, opponents point to a clause in Chile’s constitution which protects the life of the unborn. However if the ban is approved it will end Chile’s status as the only South American country with an outright ban on abortion.

For more information, please see:

New York Times – Thrust Into Chile’s Abortion Fight, Women Who Urged Change May See It – 17 Aug, 2017

The Guardian – Endgame nears in Chile president’s fight to temper draconian abortion ban – 16 Aug, 2017

CNN – Chilean lawmakers vote to ease abortion ban – 3 Aug, 2017

New York Times – Chile’s Congress Approves Abortion In Limited Cases – 3 Aug, 2017

By: Max Cohen
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina – The government of Argentina is currently being accused of “disappearing” a human rights activist named Santiago Maldonado on August 1^st. On Friday August 11^th, thousands of people marched through the capital demanding information regarding the whereabouts of Maldonado. The disappearance of Maldonado after being detained by Argentine border police, aka the National Gendarmerie, brings back painful memories for many of the dictatorship that ruled the country from 1976 to 1983 and “disappeared” around 30,000 people.

Santiago Maldonado was taking part in a protest supporting the land claims of the indigenous Mapuche Indians when he was allegedly grabbed and detained by border police for blocking a road along with other protestors. The Mapuche Indians were being evicted from lands in Patagonia owned by the Italian clothing company Benetton, and used to produce wool, but which they’ve claimed as being their ancestral lands and have occupied since 2015. According to the human rights group Center for Legal and Social Studies, on the day Maldonado appeared about 100 government agents entered the indigenous community shooting rubber and lead bullets. Maldonado and the other protestors were also demanding the release of Facundo Jones Huala, a Mapuche leader currently imprisoned for illegal possession of firearms and wanted in Chile on charges of terrorism. However, Argentine activist Adolfo Perez Esquivel, who won the Nobel Peace Prize in 1980 for his defense of human rights during the dictatorship, has accused the current government of repressing indigenous peoples.

Since Maldonado went missing Argentine authorities have denied any wrongdoing and even offered a $27,000 reward for information on his location. Security Minister Patricia Bullrich has also said that there’s no indication the border police captured Maldonado, or that he was even at the protests.

However, his family as well as other witnesses claim that he was there and was detained. In addition to the thousands of civilians who marched through Buenos Aires, the UN Committee on Enforced Disappearances has expressed concern for Maldonado’s health and demanded action from the Argentine government. On Monday August 7^th, a protest demanding Maldonado’s safe return had turned violent when protestors hurled Molotov cocktails at police, attacked a journalist and smashed the window of a television van. There are presently no indications that the August 11^th protest was similarly violent.

For more information, please see:

Reuters (UK) – Thousands of Argentines march to demand answers on missing protestor – 11 Aug, 2017

The Guardian – Argentina activist missing after indigenous people evicted from Benetton land – 8 Aug, 2017

Washington Post – Argentina rights groups demand info on missing activist – 8 Aug, 2017