Statelessness Working Paper Series No. 2017/03
Although the case before the Supreme Court represented significant progress, there were still
many children that remained registered as CTF. The organisations involved in the strategic
litigation knew that it was important to involve the State so as to move forward. They were also
aware of the positive political will to continue working on this topic. Therefore, during the
second semester of the year 2016, UDP, UAH, SJM with the National Institute on Human Rights
and the United Nations High Commissioner for Refugees (UNHCR) approached the Department
on Migration of the Ministry of Interior and the Civil Registry so as to conduct a joint
collaborative project to build up on the achievements obtained during the previous years, and
enable the recognition of Chilean nationality to all those children and adults that still remained
registered as CTF. This project included an in-depth analysis of the administrative procedure in
place for the confirmation of nationality; the systematisation of all the information available on
the CTF and the implementation of activities for the confirmation of the Chilean nationality of
those children whose nationality had been denied at birth.
As in the year 2015, during the implementation of this project, a team travelled to the north of
the country. In this case, to the regions of Arica y Parinacota and Tarapacá. Contacting the
people was the hardest part of this project, since many of the contact details were wrong, or
the telephone numbers no longer available. So, once again, the role of the local communities,
in particular, grass roots organisations and schools was essential.
As a result of the activities carried out during the implementation of #Chilereconoce, the Chilean
nationality of 100 children was confirmed through a simplified procedure. After analysing all the
data available, the team of researchers concluded that as of the year 1995, 4009 people had
been registered as CTF. Until September 2016, 1722 people had been able to confirm their
Chilean nationality and correct their birth registration (most of them, after the change in the
interpretative criteria in 2014), and the rest still remain registered as CTF. The number of them
that still reside in Chile is uncertain; many of them may have left the country, and some of them
may have died.
#Chilereconoce is the first initiative of its type both in the country, and in the region. It is an
example of the positive interaction between civil society organisations, the academia,
international organisations, and the State, so as to guarantee the right to a nationality. The
results and the experience was so positive, that during the year 2017, the government has
committed itself to continue working on this topic, and to improve the mechanism in place for
the recognition of the Chilean nationality in those cases in which it has been unlawfully denied.
7. Conclusion
This case exposed multiple violations of a range of fundamental rights —to a nationality, access
to justice, and access to social rights— as well as the State’s failure to align its standards and the
actions of its officials with the best interest of the child. Examination of the applicable
international standards and the Chilean Supreme Court’s own rulings on nationality claims
reveals that local regulations on nationality acquisition, not to mention dissemination and
implementation of the revised 2014 guidelines, remain below par. After the strategic litigation
initiative carried out, the State did make reparations to the 167 children registered by the
organisations that had been denied their nationality at birth due to their parent´s irregular
migratory status.
As a result of the litigation, and after many conversations between all the actors involved the
Chilean government together with UNHCR and the civil society organisations that participated
in the first stage of this project, decided to move forward on what had been attained the year
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