their status as nationals within the territory. As residents of Chilean territory, they stand to benefit from the rights and services—such as healthcare and education—to which they are entitled. According to the principle outlined by the International Court of Justice in 1955, “nationality is a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interest and sentiments”; thus habitual residence and genuine links to a territory, such as those that children born and raised in Chile possess, should afford them the jus soli nationality enshrined in Chilean law.235 Unfortunately, our findings suggest that racial and ethnic discrimination, prejudice against undocumented migrants, and lax oversight of public officers in remote regions combine to deny children of migrants the documents of identity and nationality they are entitled to, in spite of the law.236 Although updated statistics are hard to come by, data from the 2002 national census indicate that 4.6% of the total population of Chile—or approximately 700,000 people—identified themselves as members of the eight ethnic and indigenous groups officially recognized in Chile.237 Unlike other countries in the region, Chile’s Constitution, written in 1980, lacks any special protection for the rights of indigenous or other ethnic or racial minorities. However, the country ratified International Labor Organization Convention 169, the principal international treaty concerning indigenous and tribal rights. It also enacted legislation to address indigenous rights, focused primarily on land rights recognition and restitution as well as the right to political participation in Congress. But the Civil Registry and Identification Office lacks any special policies or practices for reaching and registering members of indigenous communities, some of which are nomadic.238 Law 19.253 of 1993, which establishes norms for the protection, promotion, and development of indigenous peoples, and which creates the National Corporation of Indigenous Development, recognizes the obligation of the Civil Registry to note the first and last names of indigenous persons in the way that the parents determine and with the rules of phonetic transcription that they indicate.239 Despite this explicit recognition of the right to an indigenous name, and to be registered under it, members of indigenous groups in Chile remain hesitant to use and register their traditional names, fearing discrimination.240 Furthermore, researchers continue to report cases of discrimination by civil registrars against indigenous parents seeking to register their children with traditional names.241 Likewise, the Civil Registry and Identification Office has not implemented registration procedures that serve the needs of people in remote regions. 60 COUNTRY PROFILES l CHILE

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents