Chile signed the Rome Statute of the International Criminal Court on 11 September 1998. Following the adoption of the Crimes Bill and a constitutional amendment by the National Congress in the past few months, PGA celebrates both the decision of the Senate of 10 June 2009 and of the Chamber of Deputies of 17 June 2009 to ratify the Rome Statute, thereby completing the legislative process of ratification.
On June 29, 2009, Minister for the Presidency, and former Senator and PGA member, Mr. Jose Antonio Viera Gallo deposited the Instrument of Ratification on behalf of the government with the UN Treaty Section in New York thereby making Chile the 109th State Party to the Rome Statute of the ICC. The ICC will undoubtedly benefit from Chile's membership just as our global association of parliamentarians has been vitally enriched by the contribution of our members, among many former Senator Jose Antonio Viera Gallo (PS), Dip. Gabriel Ascencio (PDC), Dip. Tucapel Jimenez (PPD), Sen. Carlos Cantero (Indep.), Dip. Maximiano Errazuriz (RN).
PGA has worked in Chile since 1996 on strengthening democratic transition forming a multiparty national group led by Dip. Andres Palma. The work of the group intensified in 2002 to bring about the affirmative decision by the Legislative Branch in supporting the government's commitment to the ICC. After years of stalemate, in 2007 and 2008 PGA had the opportunity also to also work alongside opposition coalition parliamentarians such as Sen. Sergio Romero (RN) and Sen. Hernan Larrain (UDI) who led the process of implementation of the crimes of the Rome Statute within the Chilean national order, hence unblocking the ICC dossier.
The membership of Chile in the system of the Rome Statute will bring about new opportunities and challenges including, most immediately, its participation in the decision-making process at the Review Conference of the Rome Statute of the ICC to be held in Uganda in May-June 2010. Chile will also have the opportunity to nominate candidates to the bench of the Court and the Victims Trust Fund, and the voice of Chile as a State Party to the ICC will be amplified at the United Nations, and at other multilateral fora in highlighting the need to protect victims, civilians and peacekeepers, who suffer from these serious crimes, and to remind those who have not yet joined the Rome Statute that justice and peace must always go hand-in hand and are not mutually exclusive.
The ratification of the Rome Statute by Chile is an important milestone towards the universality of the Rome Statute, which demonstrates that joining the ICC is a genuine expression of protecting the national interest of law-abiding nations that transcends partisan interests, and fulfills the ideal of a system of justice where prevention, complementarity, and the rights of victims and accused are essential cornerstones.
Key dates in the legislative process in Chile
- September 11, 1998: Chile signs the Rome Statute
- October 22-24, 1998: PGA Chile hosts regional conference with UNDP on Strengthening the Role of Parliamentarians in the Democratic Process
January 22, 2002: Upon report PGA Member Dip. Gabriel Ascencio, the Chamber of Deputies of Chile adopts the ICC ratification bill - March 2002: A group of MPs of the Chamber of Deputies challenge the constitutionality of the Bill, and the Constitutional Court issues an advisory opinion that identifies certain areas of incompatibility between the ICC Statute and the Chilean Constitution.
- April 2002: Following the Constitutional Court decision, then Sen. Viera Gallo (PGA Member) and Sen. Jaime Naranjo Ortiz present a draft constitutional amendment and draft bill on implementation within the Constitutional Committee of the Senate. After preliminary approvals these proposals were blocked due to lack of consensus with the opposition.
- July 2008: Opposition and Government agree on a timeline to draft a bill to incorporate international crimes in the national legal order.
- April 7, 2009: Senate approves unanimously the International Crimes Bill No. 6406-07. See letter by PGA
See Press Release issued by Senator Carlos Cantero (In Spanish) - May 6, 2009: Chamber of Deputies approves unanimously International Crimes draft bill 6406-07
- May 20, 2009: Senate approves Constitutional Amendment recognising the jurisdiction of the ICC. (34 votes in favour 1 against 1 abstention)
- See letter by PGA Spanish English
- May 21, 2009: Chamber of Deputies approves Constitutional Amendment that recognises the jurisdiction of the ICC. (89 votes in favour 6 against 1 abstention).
- May 26, 2009: President Michelle Bachelet meets ICC President Judge Song and Prosecutor Luis Moreno Ocampo in The Hague
June 3, 2009: Chilean Government withdraws the ratification bill (approved by the Chamber of Deputies in 2002) from the Senate agenda. This measure was taken to give clean slate to the ratification of the Rome Statute, in light of the decision of the Constitutional Tribunal of 2002 that occurred in between the decisions of both Chambers.
June 9, 2009: Starting the ratification procedure anew, the Chilean Government submits the Ratification Bill for discussion at Congress. The Senate was seized as first Chamber for debate and decision. Given the urgency of the project, on the same day the Foreign Affairs Committee adopts its report in which it recommends the plenary to ratify the Rome Statute. - June 10, 2009: With a wide majority of 28 votes in favour, 1 vote against and 1 abstention, the Senate of Chile ratifies the Rome Statute.
- June 11, 2009: Constitutional Tribunal of Chile issues its decision confirming the Constitutionality of the Bill that incorporates crimes against humanity and genocide and war crimes in the national legal order of Chile.
June 17, 2009: With a wide majority of 79 votes in favour, 9 against and 1 abstention the Chamber of Deputies ratifies the Rome Statute. - PGA Press Release - English Spanish
June 24, 2009: Constitutional Tribunal of Chile issues its decision confirming the Constitutionality of the Amendment and Ratification of the Rome Statute.
June 29, 2009: Min. Viera Gallo (former Senator and PGA member) deposits instrument of ratification at the United Nations Secretariat. Chile becomes 109th State Party to the ICC - II. Selected specific Activities and Events of Parliamentarians for Global Action in Chile [in addition of the sustained activities of Chilean and other parliamentarians conversing and supporting the ICC process]
October 22-24 1998: PGA holds II Regional LAC meeting hosted by PGA Chile "Difficulties of Democratic Transition" - 1999: Dip. Gabriel Ascencio addresses the PGA Workshop on Ratification and Implementation of the Rome Statute of the ICC at UN Headquarters in July 1999 and advocates for early ratification of the Rome Statute in Chile
- 2001-2004: PGA members in Chile, Dip. Ascencio and then Sen. Viera Gallo lead ICC ratification process (see above ICC process)
- June 2002: PGA Chilean delegation contributes to the first Ibero-American Parliamentary Conference on the ICC held in the Senate of Spain, in Madrid.
- March 2004: PGA Chilean delegation reports on the efforts to promote ratification and implementation of the Rome Statute to the II Ibero-American (and Lusophone) Parliamentary Conference on the ICC organised by PGA in the Brazilian Congress, in Brasilia.
- August 2004: PGA cooperates with the Chilean NGO "La Morada" in the organisation of a regional conference for women legislators on the Ratification and Implementation of the Rome Statute held in Santiago, Chile
- March 2007: Latin American law-makers belonging to the PGA network from Argentina (Sen. Perceval and Sen. Lopez Arias), Mexico (Sen. Jauregui), Dominican Republic (Dip. Tavarez Mirabal), and Uruguay (Sen. Percovich) participate in EC funded Humanas NGO seminar opened by President Kirsch at Universidad Catolica.
- September 2007: At the initiative of Dip. Maximiano Errazuriz from Renovacion Nacional a delegation of parliamentarians composed by Sen. Cantero (then RN), Dip. Tucapel Jimenez (PSD-Concertacion), Dip. Isasi (Indep.) and Dip. Errazuriz (RN) travels to The Hague to hold consultations on the ICC.
- October 2007: As a follow-up to the PGA mission of Chilean parliamentarians, President Kirsch is invited by now PGA members Sen. Carlos Cantero and Dip. Errazuriz to speak about the ICC at the Senate of Chile.
- Interview of President Kirsch by the Senate
- Interview of President Kirsch by the Senate
- February 2008: ICC Prosecutor, Luis Moreno Ocampo meets with Chilean parliamentarians in Santiago
- June 2008: PGA collaborates with the European Commission in facilitating meetings for Senators Hernan Larrain (UDI) and Sen. Romero (RN) who travelled to The Hague for consultations in at the ICC. The immediate outcome of this activity is the launching of the implementing legislation process that culminated in May 2009 with the adoption of a crimes bill and a constitutional amendment that recognizes the ICC jurisdiction, opening the door for the discussion on ratification.
- Interview by Radio Nederlands International (Spanish)
- October 2008: Sen. Carlos Cantero (Indep.) and Dip. Gabriel Ascencio, as well as a representative from Instituto Libertad report on progress on the ICC dossier at PGA's Consultative Assembly of Parliamentarians for the ICC and the Rule of Law held in the Congress of the Dominican Republic.
- April 2009: While the Senate is involved in the legislation adaptation to prepare the ground for ratification, parliamentarians from Chile participate in a PGA mission to Nicaragua, to promote ratification discussions with their peers from similar political parties in this non State Party.
