32 Final Country Report

⅔ of Chilean voters back rewriting their constitution

Introduction

The current Chilean constitution is the same one that was drafted during General Augusto Pinochet’s regime, which was during a time in which the country was experiencing severe economic, social, and political turmoil. Pinochet was the Chilean dictator in the 1970s and 80s, and he was an extremely right-leaning figure. During the drafting of this new constitution, most political parties in the country were banned and there was very heavy censorship. While most Chileans are in favor of rewriting the standing constitution, many have expressed grievances against the act. Some say that it will not really help the issues at hand, while others think that it is an appropriate way to let go of the past and move forward as a more progressive nation. Currently, the constitution entails a crippling amount of censorship, and most of the Chilean people believe that the only way to move forward is to restart.

History of the Chilean Dictatorship

Augusto Pinochet began his rise to power in 1973, after being appointed by then-president Salvador Allende. After his appointment, he played a key role in a coup that was essentially sponsored by the CIA. Later in the same year, President Salvador Allende committed suicide, and before doing so, proclaimed that is was a better option that going to prison for various scandals surrounding his presidency.

Pinochet’s first call to action as dictator was to establish his military government, which was referred to as junta. As leader, his first goal was to get rid of any remotely left-leaning political party, and Pinochet would stop at nothing to do just this. Many of those who opposed the Pinochet regime were assassinated without a second thought. Within just a few years of being in power, the totalitarian leader greatly reduced government spending and privatized states. In 1980, the government decided to propose the idea of a new constitution. This constitution was approved by 67% of the electoral college, although the legitimacy of this decision has been greatly debated. Nonetheless, this new ratification guaranteed Pinochet at least eight more years in office, and also officially banned all left-wing parties. This is the constitution that is still in place in Chile.

In 1988, Pinochet was voted out of office and replaced by Patricio Aylwin. Despite this, Pinochet was the commander-in-chief of Chile until 1998. When traveling to London for surgery, he was captured and put under house arrest. This was because of his alleged torture and manipulation of Spanish citizens during his time in power. He was held for 18 months in England before finally returning to Chile. When the trial was still in motion, Pinochet died of a heart attack in 2006. He never answered to his convictions of torture, kidnapping, or murder.

The Chilean Economy

Chile has seen a rapidly developing economy recently, but citizens still report poorly fostered productivity growth, sub-par labor market outcomes, and overall economic disparity. To make matters worse, the progressing economy has been stunted and sent in the opposite direction due to the coronavirus pandemic, and the Chilean economy is seeing some of their worst numbers in years. In 2020 alone, the country’s gross domestic product decreased by 6% and over one million jobs were lost. Before COVID-19, Chile’s middle class was growing. Now, largely because of the pandemic, the new additions to the Chilean middle class are beginning to be pushed back below the poverty line. In fact, the poverty rate has risen by almost 4%. The country is seeing one of their worst recessions in decades. As of 2021, Chile saw a rather high 9.1% unemployment rate. Unemployment has always been a looming issue for the country, and the pandemic has made it that much worse. Nonetheless, when compared to its South American neighbors, Chile is doing fairly well economically. The country is slowly but surely expected to make a rebound. It is predicted that they will return to their growing rates as before, but perhaps just grow significantly slower than they were pre-pandemic. Despite all this, many Chileans are not happy with the current economic state and find themselves rather frustrated with how the government has decided to handle this issue.

Current Censorship

Although Chile has been considered a model country for many of its South American neighbors, their constitution still entails many censorship written into law. While there are articles that vow to uphold the rights of expressing “opinions and to inform, without any prior censorship, in any form and by any means,” there are also written articles in the document that allow for punishment for individuals who “defame, libel, or culminate” anyone in the government or any governmental policy. This is obviously extremely contradictory and concerning to the people of Chile. In addition to this, there are also parts of the constitution that threaten arrest for artwork that is “contrary to good practices,” as well punishment for any statement “that causes another individual to be dishonored, discredited, or viewed with contempt.”  Although these are not followed as strictly as they were when the constitution was originally drafted, it is still extremely problematic for it to be written out and included in such an important document. It is a constant threat to freedom of speech and freedom of media in Chile. In addition, these articles have recently been used to threaten and discourage journalists and other individuals attempting to speak out against the government or any governmental entity.

The censorship issues in the standing constitution were brought to light in October 2019. People were protesting in the streets with a primary concern being the soaring prices of transportation, but that debate later manifested into an overall uneasiness about the severe economic disparity the country was facing. Along with other grievances, these were the main factors of bringing about a new Constituent Assembly tasked with the revision of a new constitution. It was noted that many fundamental rights are being threatened by the current Pinochet-era constitution, and citizens agreed that this is an issue that has been pushed to the side for far too long. They agreed that it is time for a change.

Following the 2019 protests, there was a bill passed by the House of Representatives that would allow punishment of anyone who justified or approved of the violations of human rights that took place during Pinochet’s rule. Citizens could be thrown into jail for upwards of three years. The Constitutional Court later rejected this bill and deemed it as a violation of rights.

Constitutional Debate

The productivity of Augusto Pinochet’s reign has been highly debated for years by Chilean politicians and civilians alike. Chile saw some of its best economic productivity in the 1980s under Pinochet’s reign. However, the wealth was not remotely distributed equally, and many were living on a meager $200 monthly. To make matters worse, Pinochet created these gains through the sacrifice of human lives. Despite this being almost forty years ago, many Chileans are still fighting for better healthcare, pensions, and education, in addition to some other economic disparities mentioned in paragraphs above. While some think that revisions of Pinochet’s constitution will help to better these conditions, others argue that there is a lot more that needs to be done, and revising the constitution is merely putting thick icing over a burnt cake. The economic downfalls caused by the Coronavirus pandemic, as well as the alleged poor response of the government, has greatly angered many citizens who are demanding more than a constitutional revision. Nonetheless, a majority of Chilean citizens believe that the constitutional revision is something that has been put off entirely too long by the government. They are refusing to wait any longer, as the threat of their freedom of speech is constantly looming as long as Pinochet’s constitution remains in place. Only about 22% of votes have been against the ratification of the government, but those 22% are very passionate and angry at the country’s attempt to put a bandage on a bullet hole.

Current Changes in Chile

Obviously, the people of Chile are working tirelessly to dismantle the current constitution and better protect their freedoms of speech and media. In addition to ensuring these human rights, many politicians were appointed to include a section dedicated to environmental protection. Many of these concerns have been brought about by the country’s rich indigenous population.

The indigenous people in Chile have often expressed their grievances against the government, especially when it comes to environmental policy. Chile is filled with a plethora of natural resources and breathtaking forests, and many indigenous groups consider these sacred lands. When these lands are being destroyed for logging, man-made forest fires, and fracking, the indigenous are bound to be upset. These lands are something that they cannot get back, and they feel that the government has no concern about their ancestral meanings.

Environmental amendments regarding Chile include the concerns of lithium mining. Right behind Australia, Chile is the second-largest producer of lithium in the world. There is also a great amount of copper and gold, and the areas that were mined up for these minerals are now known as “sacrifice zones.” Chile has also experienced issues with high levels of radiation. Among these areas are that of the Atacama. There are also concerns with how to handle water, as areas in Chile have recently fallen victim to drought.

Many environmentalists and indigenous groups have been protesting the way Mother Nature has been treated both by the government and big corporations. A good majority of those in favor of constitutional ratification are also in favor of the addition of environmental amendments, including one that officially recognizes indigenous groups that have been around longer than Chile has been a country.

Conclusion

In conclusion, the ratification of the Chilean constitution is something that should have been done a long time ago. It endangers the freedom of speech of all Chilean citizens, and was written at a time when the country was experiencing both severe economic and social repression. Although many are against the ratification of the constitution, an overwhelming majority of citizens are in favor of it. These constitutional revisions will ensure basic human rights and are very important for the future of Chile.

Works Cited

Augusto Pinochet. Don Quijote. (n.d.). Retrieved April 22, 2022, from https://www.donquijote.org/chilean-culture/history/pinochet/

Chile: Economic and political outline. Economic and political outline Chile – Santandertrade.com. (2022, March). Retrieved April 22, 2022, from https://santandertrade.com/en/portal/analyse-markets/chile/economic-political-outline

Summary and recommendations. Freedom of Expression and the Public Debate in Chile. (n.d.). Retrieved April 22, 2022, from https://www.hrw.org/legacy/reports98/chile/Chilerpt-02.htm

Overview. World Bank. (2021, April 8). Retrieved April 22, 2022, from https://www.worldbank.org/en/country/chile/overview

Peter Read Professor of History. (2021, September 6). World politics Explainer: Pinochet’s Chile. The Conversation. Retrieved April 22, 2022, from https://theconversation.com/world-politics-explainer-pinochets-chile-100659

Sengupta, S., & Zegers, M. (2021, December 28). Chile writes a new constitution, confronting climate change head on. The New York Times. Retrieved April 22, 2022, from https://www.nytimes.com/2021/12/28/climate/chile-constitution-climate-change.html

Vergara, E. (2020, October 26). 2/3rds of Chilean voters back rewriting their constitution. AP NEWS. Retrieved April 22, 2022, from https://apnews.com/article/virus-outbreak-censorship-augusto-pinochet-health-south-america-1a1a3da4023824f4530c31dd32f30853