The Ministry of Interior withdrew draft migration legislation proposed by the government of Sebastián Piñera (2010–14) for further review when President Bachelet regained the presidency in 2014, in order to ensure that a focus on human rights standards and local integration of the migrant population was included.171 The government’s ongoing efforts to propose a new migration framework has created a climate of hope with regard to immigration in Chile.172 However, the fact that Chile still lacks a rights-based legislative framework on nationality and migration overshadows progress in policy.173 This was evident during the 2014 Universal Periodic Review (UPR) process,174 which highlighted the need for comprehensive immigration policies, modifying current legislation, and guaranteeing the right to nationality of children of migrants.175 In October 2014, Chile’s Ministry of Housing and Urban Planning made an announcement exemplifying progress toward more inclusive immigration policies. It eliminated the former requirement of five years of permanent legal residence for eligibility for its programs; immigrant families now qualify upon obtaining legal residency.176 A nationwide government campaign for a new migration law termed “For the Chile that Is Coming” (“Por el Chile que Viene”) also provides some cause for optimism.177 Likewise, a small group of parliamentarians proposed a bill in December 2014 for an interpretative statute to the Constitution that would address the legal definition of the term “transient foreigner,” in order to ensure that the current interpretation is secured in a legally binding instrument.178 On January 6, 2015, the bill was submitted for an initial review and processing by the Commission on Constitution, Legislation, and Justice of the Chamber of Deputies. As of June 2016, the bill remains within this first stage of the legislative process. International Obligations Regarding Statelessness Chile is not a party to either of the Statelessness Conventions. In 1990, it acceded to the ACHR, and accordingly, it is bound by the obligations that correspond to the right to nationality in the terms that the Convention defines, as well as to the interpretation that the Inter-American Court of Human Rights establishes in its case law. Furthermore, that same year, Chile acceded to the CRC, and thus is bound by Articles 7 and 8 of the Convention relating to children’s right to nationality and to legal identity. In Chile, human rights established or recognized by treaties to which the country is a party have constitutional rank.179 Accordingly, the human rights guarantees in Article 20 of the ACHR, as well as those of Article 5 of the CRC, are understood to be legally binding for all national authorities in the same way as other rights in the Constitution, including the right to a nationality. 52 COUNTRY PROFILES l CHILE

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