WITH THE REESTABLISHMENT of democratic government in March 1990,
Chile was once again thrust into the international limelight. In the
early 1970s, the long, narrow country on the west coast of South America
had drawn widespread attention by electing a Marxist president, Salvador
Allende Gossens (1970-73), who was intent on forging a new path to
socialism. Following Allende's overthrow on September 11, 1973, Chile
under military rule became notorious for some of the worst excesses of
modern-day authoritarianism.
Headed by General of the Army Augusto Pinochet Ugarte (1973- 90), the
dictatorship was widely reviled for ending Chile's tradition of
democratic politics and committing numerous violations of human rights.
Although isolated politically, Chile's military government earned
international acclaim for far-reaching economic and social reforms that
transformed the country's state-oriented economy into one of the most
open economic systems in the developing world. The economic reforms of
the late 1970s and 1980s set the foundation for extraordinary investment
and growth in the early 1990s. Economic progress, combined with the
return of democratic politics largely devoid of the confrontation and
polarization of the past, positioned Chile to enter the twentyfirst
century with increased prosperity in a climate of peace and freedom.
Chile's favorable situation developed because the military
government's success at implementing an economic revolution was not
duplicated in the political arena. From the outset, Pinochet and his
colleagues had sought to displace the parties, politicians, and
institutions of the past so that they might create a nation of pliant
and patriotic citizens, devoted to their private pursuits under the
tutelage of a strong and benevolent state with merely a façade of
representative government.
However, the military commanders badly underestimated the strength of
the nation's traditional political parties and failed to understand the
degree to which democratic practices and institutions had become a
fundamental part of Chile's national character. Indeed, Pinochet was
forced to abandon his plan for virtual life-long rule after a
humiliating personal defeat in a 1988 plebiscite at the hands of the
very civilian leaders whom he had reviled and persecuted. Their
resilience made possible the transition to democracy in March 1990 and
the success of Chile's first civilian government after seventeen years
of authoritarian rule.
Chile's transition back to democracy encountered serious challenges.
Although opposition groups had vehemently rejected the Pinochet
government's constitution of 1980 as illegitimate and undemocratic, they
were forced to accept the political rules and playing field as defined
by the military government in order to challenge its very authority. To
a greater degree than most other transitions to democracy in Latin
America, Chile's was accomplished within the framework of an
institutional order conceived by an authoritarian regime, one that
continued to define the political game long after the return to
representative government. Pinochet was unable to destroy his
adversaries or project his own presidential leadership into the future,
but he succeeded in imposing an institutional legacy that Chile's
civilian elites would have to modify substantially if Chile were to
become fully democratic.
<>CONSTITUTIONAL
HISTORY
Development and Breakdown of Democracy, 1830-1973
Following the wars of independence and several failed experiments in
institution building, Chile after 1830 made steady progress toward the
construction of representative institutions, showing a constancy almost
without parallel in South American political history. From 1830 until
1973, almost all of Chile's presidents stepped down at the end of their
prescribed terms in office to make way for constitutionally designated
successors. The only exceptions to this pattern occurred in 1891, after
a brief civil war; in the turbulence from late 1924 to 1927, which
followed the military's intervention against the populist President
Arturo Alessandri Palma (1920-24, 1925, 1932-38); in 1931, when several
chief executives resigned under pressure and military officers
intervened directly in politics; and in 1932, when the commander of the
Air Force of Chile (Fuerza Aérea de Chile--FACh), Marmaduke Grove
Vallejo, proclaimed his short-lived Socialist Republic. For most of its
history, Chile was governed by two charters--the constitution of 1833
and the constitution of 1925, which drew heavily on its
nineteenth-century predecessor.
Under the 1833 document, Chilean presidents, notably Manuel Bulnes
Prieto (1841-51) and Manuel Montt Torres (1851-61), presided over the
gradual institutionalization of representative practices and a gradual
expansion of suffrage, while exercising strong executive authority. By
the 1870s, the president was being challenged by increasingly cohesive
political parties, which, from their vantage point in the National
Congress (Congreso Nacional; hereafter, Congress), sought to limit
executive prerogatives and curb presidential intervention in the
electoral process.
With the assertion of congressional power, presidents were limited to
one term, and their control over elections was circumscribed. However,
it took the Civil War of 1891 to bring to an end the chief executive's
power to manipulate the electoral process to his advantage. The victory
of the congressional forces in that conflict inaugurated a long period
in which Congress was at the center of national politics. From 1891
until 1924, presidents were required to structure their cabinets to
reflect changing legislative majorities, and the locus of policy making
was subject to the intrigues and vote trading of the legislature.
Although politics during the parliamentary period was often chaotic
and corrupt, Chile enjoyed unusual prosperity based on a booming nitrate
trade and relatively enlightened leadership. Political parties, whose
activities had once been limited to the corridors of Congress, soon
engaged the interests and energies of Chileans at every level of
society. The parties thus provided the basis for an open, highly
competitive political system comparable to those of Europe's
parliamentary democracies. The competitiveness of Chilean politics
permitted the emergence of new interests and movements, including the
Communist Party of Chile (Partido Comunista de Chile--PCCh) and the
Socialist Party (Partido Socialista--PS), representing a growing and
increasingly militant proletariat.
The collapse of nitrate exports and the crisis brought on by the
Great Depression of the 1930s discredited the politicians of Chile's
oligarchical democracy and encouraged the growth of alternative
political forces. From 1924 to 1931, Chile was buffeted by political
instability as several presidents resigned from office and Carlos Ibáñez
del Campo (1927-31, 1952- 58), a military officer, rose to power on an
antipolitics platform. In 1925 a new constitution was approved. Although
it did not deviate substantially from previous constitutional doctrine,
it was designed to shift the balance of power from Congress back to the
president.
By the second and third decades of the twentieth century, Chile was
facing some of the same challenges confronting the nations of Europe.
Parliamentary democracy had fallen into disrepute as the machinations of
corrupt elites were challenged by both fascism and socialism, doctrines
that stressed social as opposed to political rights and that sought to
expand the power of the state in pursuing them. Precisely because of its
tradition of competitive politics and the strength of its political
parties, Chile was able to withstand the challenge of alternative
ideologies without experiencing the breakdown of democratic authority
that swept the South American continent.
Chilean politics changed dramatically, however, as a multiparty
system emerged without exact parallel in Latin America, one in which
strong Marxist parties vied with conservative parties, while pragmatic
centrist parties attempted to mediate. In this polarized context,
presidents governed with shifting coalitions, pushing the country
alternately to the right or left, depending on the particular political
configuration of the moment. Although the left gained ground throughout
the 1940s and 1950s, the right maintained electoral clout by blocking
efforts to bring congressional representation into line with new
demographic trends. This was not a period of policy stalemate, however.
By encouraging a policy of import-substitution industrialization and
expanding social welfare programs, the Chilean state markedly increased
its role in national life.
In the aftermath of the Cuban Revolution of 1959, Chilean politics
changed in a qualitative sense. With the 1964 election of a Christian
Democratic government under the leadership of President Eduardo Frei
Montalva (1964-70), Chile embarked on an experiment in reformist
politics intended to energize the economy while redistributing wealth.
Frei and his colleagues were determined to modernize the country through
the introduction of significant social reforms, including an extensive
agrarian reform that would bring an end to the concentration of economic
power in the hands of rural landlords.
Frei's government accomplished many of its objectives. In pushing for
change, however, the president broke the tacit alliance with the right
that had made his election possible. His attempt to co-opt part of the
program of the left and mobilize followers in traditionally leftist
constituencies also threatened the Marxist parties. By the end of the
1960s, the polarization of Chilean politics had overwhelmed the
traditional civility of Chile's vaunted democratic institutions. The
centrist agreements of the past, which had enabled presidents to
navigate a difficult course of compromise and conciliation, now became
more difficult to attain.
In a reflection of Chile's increased ideological polarization,
Allende was elected president with 36.2 percent of the vote in 1970.
Unable or unwilling to form coalitions, the left, center, and right had
all nominated their own candidates in the mistaken hope of obtaining a
majority. Although Allende's Popular Unity (Unidad Popular--UP)
government drew initially on the congressional support of the Christian
Democrats, whose backing made his election possible in the congressional
runoff on October 24, 1970, the left increasingly pushed to implement
its agenda without building political bridges to the "bourgeois
parties." Like Frei before him, Allende was convinced that he would
be able to break the deadlock of Chile's ideologically entrenched
multiparty system and create a new majority capable of implementing his
revolutionary agenda. Once this effort failed, Allende's attempts to
implement his program by decree only heightened opposition to his
policies. Finally, the president's failure to make substantial gains
from his electoral victory in the March 1973 congressional elections
meant that he would be unable to obtain the necessary congressional
majority to implement his legislative objectives. In an atmosphere of
growing confrontation, in which moderates on both sides failed to come
up with a regime-saving compromise, the military forces moved in to
break the political deadlock, establishing the longest and most
revolutionary government in the nation's history.
<>Imposition of
Authoritarian Rule
The military authorities took power in a violent coup on September
11, 1973, accusing Allende, who committed suicide during the takeover,
of having violated the constitution. Within months, however, it became
apparent that the new regime blamed the breakdown of democracy not only
on the parties of the left and the Marxist president but also on the
institutional framework embodied in the constitution of 1925. In the
military's view, Chile's constitution had encouraged the rise of venal
parties and politicians preoccupied not with the broader welfare of the
country but with their own interests and hunger for power. The military
blamed what they viewed as self-serving politicians for allowing foreign
ideologies to penetrate the nation, thereby creating an internal threat
that the armed forces felt obliged to confront.
Within days of the coup, the new government appointed a commission of
conservative scholars to begin crafting a new constitutional order.
However, after initial enthusiasm for their work, commission members
soon discovered that institutional reform was not a top priority of the
authorities and that the junta was in no hurry to set a timetable for
its own departure. The military's primary goal was to revitalize the
economy, while destroying the parties of the left and rendering obsolete
the parties and leaders of other stripes.
In 1978, however, a power struggle within the junta between Pinochet,
commander of the Army of Chile (Ejército de Chile), and Gustavo Leigh
Guzmán, the FACh commander, forced the military government to come to
terms with its blueprint for the future of the country. Leigh resented
the growing power and influence of Pinochet, his putative equal in the
junta, and sought to force an early conclusion to the transition back to
civilian rule in a form similar to the constitutional framework of the
immediate past. Pinochet, basking in the power and authority of an
executive with access to a powerful secret police network, the National
Information Center (Centro Nacional de Información--CNI), which
replaced the National Intelligence Directorate (Dirección Nacional de
Inteligencia--DINA) in 1977, had no enthusiasm for an early return to
civilian rule; rather, he hoped to institute more farreaching
transformations of Chile's institutions. The junta president was an
admirer of long-time Spanish dictator Francisco Franco, whose 1975
funeral he had attended in one of his few trips abroad. Pinochet also
viewed Franco's political system as a model for Chile, one in which the
armed forces could play a permanent guiding role. When Leigh was
forcibly dismissed from the junta in April 1978, in a veritable coup
within a coup, Pinochet's position became unassailable. Within months,
Pinochet instructed the constitutional commission, which had languished
with no clear purpose, to produce a new constitution with a time frame
more to his liking. When the Council of State (Consejo de Estado),
headed by former president Jorge Alessandri Rodríguez (1958-64),
softened some of the provisions of the draft and proposed a return to
civilian rule by 1985, Pinochet balked and demanded a new, tougher
version.
The "permanent" articles of the draft were designed to go
into effect a decade after promulgation, and Pinochet was specifically
named to preside over the country's fortunes for an eight-year
"transition" period. Pinochet further insisted that he be
named to fill the first eight-year term of the "constitutional
period" that followed, which would begin in 1990. The president's
advisers, however, were able to persuade him that ratification of the
constitution in a plebiscite could be seriously jeopardized if it were
too apparent that Pinochet would obtain an additional sixteenyear
mandate.
To satisfy Pinochet's ambitions, the designers of the constitution
provided for a plebiscite to be held in late 1988 or 1989 on a single
candidate to be designated by the four commanders of the armed forces
(army commander Pinochet included) to lead the country in the next
eight-year term. In an obscure provision, the text specifically exempted
Pinochet from the article barring presidents from reelection, a clear
sign that the general had every intention of perpetuating himself in
power.
With the ratification of the constitution of 1980, in a highly
irregular and undemocratic plebiscite characterized by the absence of
registration lists, Pinochet achieved his objectives. Chile's democratic
parties had proved incapable of challenging the power of the military to
impose its own blueprint for the future. After seven years of
constitutional ambiguity and questionable political legitimacy, the
military's sweeping control over virtually every aspect of public life
had become codified and sanctioned in an elaborate
"democratic" ritual, which the authorities believed finally
conferred on them the legitimacy of the popular will. With the economy
at last on the upswing and a majority of voters resigned to accepting
military rule as the only means of ensuring order and prosperity,
Pinochet seemed invincible. As if to signal the government's renewed
confidence and continuing contempt for its political opponents, Andrés
Zaldívar, the highly respected president of the Christian Democratic
Party (Partido Demócrata Cristiano--PDC), was exiled for daring to
question the plebiscite's results.
Chile - The Constitution of 1980
The constitutional document imposed by the regime in 1980 consisted
of 120 "permanent" articles, which went into full effect after
the transition to "constitutional government." The document
also included thirty-four "transitional" articles applying to
the transitional period from March 11, 1980, to March 11, 1990. The
transitional articles provided the regime with sweeping powers and
outlined the procedures for the 1988-89 plebiscite on constitutional
amendments and the election of a legislature. The most controversial
provision was Transitional Article 24, which eliminated due process of
law by giving the president broad powers to curtail the rights of
assembly and free speech and to arrest, exile, or banish into internal
exile any citizen, with no rights of appeal except to the president
himself.
The "permanent" articles of the constitution were intended
to create a "modern and protected democracy," an authoritarian
version of representative government that guarantees "national
security" by severely circumscribing the will of the people. This
was to be accomplished in three ways: through the establishment of a
permanent role for the armed forces as "guarantors" of the
nation's institutions; through the imposition of restrictions on
political activity, including the banning of movements or ideologies
hostile to democracy; and through the creation of institutional
mechanisms that would limit popular sovereignty.
The cornerstone of the military regime's constitutional doctrine was,
according to the 1980 document, the establishment of a permanent
tutelary role for the armed forces. The principal manifestation of this
"tutelage" was, according to the 1980 document, the National
Security Council (Consejo de Seguridad Nacional--Cosena), a body
composed of eleven members, eight of whom have enjoyed full voting
rights since 1989 and only two of whom were to be elected officials
(Article 95). Voting members consisted of the president of the republic,
the president of the Senate of the Republic (Senado de la República;
hereafter, Senate), the president of the Supreme Court (Corte Suprema),
the commanders in chief of the armed forces, and the director general of
the Carabineros of Chile (Carabineros de Chile). This arrangement
provided military leaders with an absolute majority on any Cosena vote.
Nonvoting members included the ministers of defense; economy,
development, and reconstruction; finance; foreign relations; and
interior.
The 1980 constitution prescribed that Cosena could "express to
any authority established by this constitution its opinion regarding any
deed, event, act, or subject matter, which in its judgment gravely
challenges the bases of the institutional order or could threaten
national security" (Article 96). Cosena was thus empowered to
admonish top government leaders and institutions, including Congress and
the president, on any matter Cosena deemed relevant to the nation's
security as Cosena defined it. Although the fundamental law did not
specify what would transpire should an authority ignore Cosena's
opinion, the framers clearly intended to give the armed forces
constitutional authority to take matters into their own hands should
their views be ignored.
The 1980 constitution also gave Cosena significant powers of
"authorization" and "nomination." The constitution
required the president to seek approval from Cosena to impose any state
of exception and gave the council authority to solicit any information
it deemed necessary in "national security" matters from any
government agency. Under the 1980 charter, Cosena was also empowered to
name four of the nine designated members of the Senate and two of the
seven members of the powerful Constitutional Tribunal (Tribunal
Constitucional), whereas the president and the Senate could nominate
only one each. Finally, only Cosena could remove military commanders.
Perhaps the most significant protection of military prerogatives was
provided by Article 93, which severely limits civilian control over the
armed forces. Although the president names the commanders of each of the
military services and the director general of the Carabineros, nominees
must be selected from a list of the five highest-ranking officers with
greatest seniority. Once a commander is appointed, that appointee is
safe from presidential dismissal for the duration of the individual's
four-year term, unless qualified charges are brought against the person.
A second set of instruments for the establishment of a
"protected" democracy excluded from political life those
individuals, parties, or movements whose views and objectives are judged
hostile to democracy. The language of Article 8 was aimed specifically
at the parties of the Marxist left, although it could be applied to
other groups and movements as well. According to the article, "any
act by a person or group intended to propagate doctrines that are
antagonistic to the family or that advocate violence or a totalitarian
concept of society, the state, or the juridical order or class struggle
is illicit and contrary to the institutional order of the
Republic." Furthermore, any organization, movement, or political
party that supports such aims is deemed unconstitutional. Article 19
barred parties from intervening in any activities that are "foreign
to them," including the labor movement and local or community
politics. Finally, Article 23 and Article 57 specifically barred leaders
of "intermediate groups," such as unions, community
organizations, and other associations, from leadership of political
parties, and vice versa; deputies or senators could lose their seats for
acting directly on such groups' behalf.
Third, the military regime sought to limit the expression of popular
sovereignty by placing a series of checks on government institutions
whose existence derives from popular consent. The most dramatic example
was the elimination of elected local governments. Since colonial times,
Chileans had elected municipal governments with considerable local
powers and autonomy. Although modern local governments were limited in
their efficacy by the overwhelming power and financial resources of the
state, participation and interest in local politics had always been
high. Article 32 of the constitution called for the direct presidential
appointment of regional intendants (intendentes), governors (governadores)
of provinces, and mayors (alcaldes) of large cities. Other
mayors could be appointed by provincial corporative bodies.
Reversing Chilean democratic practice, the constitution created an
exaggerated presidentialism, severely limiting the prerogatives of
Congress. Article 32 was particularly dramatic, giving the president the
power to dissolve the lower house, the Chamber of Deputies (Cámara de
Diputados), at least once in the chief executive's term. Popular
representation in Congress was to be checked through the appointment of
nine "designated" senators, more than a fourth of the
thirty-five-member chamber. Finally, the constitution made any reform in
the basic text extremely difficult to implement by requiring the
concurrence of the president and two succeeding legislatures, each of
which would have to approve an amendment by a three-fifths vote.
Chile - Authoritarianism Defeated by Its Own Rules
The reversal of fortune for Chile's democratic opposition came very
gradually. After massive protests in 1983, spearheaded by labor leaders
buoyed by mass discontent in the wake of a sharp downturn in the
nation's economy, party leaders sought to set aside their acrimonious
disputes and make a collective effort to bring an end to the military
government. By this point, even influential elements on the right were
signaling their displeasure with the personalization of power, fearing
that a prolongation of the Pinochet regime would only serve to
radicalize Chilean politics further and set the stage for a popular
uprising that would overwhelm the authorities.
But Pinochet seemed to relish the challenge of taking on the
opposition and was determined to carry out his self-appointed mandate to
reshape Chile's economic and political systems. In a strategic retreat
made under pressure from regime moderates, Pinochet briefly permitted
officials to open a dialogue with democratic opponents, only to refuse
to make any change in the formula for transition outlined in the
constitution of 1980. In response to the continuing wave of protests,
Pinochet declared a state of siege in November 1984 that included a
crackdown on all demonstrations.
In August 1985, after months of delicate intraparty negotiations
backed by Chile's Roman Catholic cardinal Juan Francisco Fresno, a broad
alliance of eleven political groups, from center-right to socialist,
signed a document entitled the National Accord for Transition to Full
Democracy. It called for a gradual transition to civilian rule without
specifying a particular timetable; legalization of all political
activity; an end to restrictions on civil liberties; and free, direct
presidential elections rather than the plebiscite contemplated in the
constitution of 1980. The signing of the accord by such an array of
groups meant that for the first time since 1973 Pinochet could no longer
claim majority support. The regime appeared vulnerable, and many
Chileans began to believe that Pinochet would agree to relinquish power.
And yet, the accord soon lost its momentum as Pinochet and his aides
worked skillfully to sow mistrust and rancor within the fragile
alliance. The general refused to acknowledge the accord's existence or
meet with its leaders, despite a personal plea from Cardinal Fresno.
In the face of a determined military leader, opposition forces were
at a clear disadvantage. They had no coherent strategy to force the
regime to accept their point of view. The far left, which had refused to
endorse the accord, hoped for a Sandinista-style insurrection that would
drive Pinochet from power and give the PCCh and its allies, which
included clandestine armed groups, the upper hand in the formation of a
"provisional" alternative government. The moderate opposition
envisioned a completely different scenario: some kind of breakdown of
military support for Pinochet in response to peaceful civilian
discontent, followed by free elections.
With the erosion of support for the National Accord, the Chilean
opposition fell back into partisan and ideological quarrels. After years
without national, local, or even internal party elections, opposition
leaders were frozen in past disputes, incapable of gauging popular
support for various policies. Given the parties' stasis, student
elections on Chile's university campuses became bellwethers of political
opinion. Often, the Christian Democratic and Communist candidates for
student offices proved far more willing to compromise and form working
alliances than their older counterparts.
The dramatic attempt on Pinochet's life by the Manuel Rodríguez
Patriotic Front (Frente Patriótica Manuel Rodríguez--FPMR) in
September 1986 further weakened the general's divided opponents and
temporarily strengthened his own grip on power. The elaborately planned
attack by the PCCh's armed branch, in which commandos stormed Pinochet's
motorcade on a hillside road outside Santiago, left five bodyguards dead
but the general unharmed. Conservatives rallied around the regime,
Christian Democrats and moderate Socialists distanced themselves from
the Communists, and the Western democracies tempered their support of
the opposition movement. Over the ensuing months, several new campaigns
by the democratic opposition fizzled, including a movement of prominent
citizens calling for free elections. Key opposition leaders, notably
Christian Democrat Patricio Aylwin Azócar, began to emphasize the
wisdom of trying to take on the regime in the upcoming plebiscite,
rather than pressing for free elections.
As 1987 began, Pinochet and his aides confidently started planning
for the presidential plebiscite. The economy was showing signs of
recovery. The Marxist left, decimated by arrests and executions
following the attack on Pinochet, was discredited. The democratic
opposition was torn between those who accepted the regime's transition
formula and those who denounced it as illegitimate. Moderate
conservatives and some regime insiders, including the chiefs of the FACh
and the National Police (Policía Nacional), urged Pinochet to permit
open elections or to allow a candidate other than himself to stand for
office. But the general was surrounded by sycophants who assured him
that he was the only man capable of saving Chile from anarchy and chaos.
Pinochet viewed politicians as demagogues determined to reverse the
accomplishments of the military regime that only he, as a patriotic,
self- sacrificing soldier, could defend in the face of a life-and-death
threat from the communist foe.
On August 30, 1988, Chile's four military commanders met in secret
deliberation and unanimously nominated the seventy-three- year-old
Pinochet to run for president in a plebiscite that would take place in
just five weeks, on October 5. Any commander who might have opposed
General Pinochet did not do so, apparently because of a belief in the
principle of military unity, or because of intimidation by Pinochet's
power. The vast resources of the regime were already mobilized to ensure
Pinochet's victory. Military provincial governors and civilian mayors,
all appointed by Pinochet, were acting as local campaign chiefs. A
voter- registration drive had begun in early 1987, with Pinochet himself
the first to register. While opposition forces were denied access to the
mass media, state television aired glowing advertisements for the
government's accomplishments. The regime stepped up production of
low-income housing, and Pinochet presided over countless ribbon-cutting
ceremonies. The general's wife, Lucía Hiriart, who headed a vast
network of women's aid and mothers' clubs, organized them into a
grass-roots support network for the yes vote.
The turning point for the opposition had come in 1987, when key
leaders concluded that their only hope to defeat the military was to
beat it at its own game. Opposition leaders accepted the reality, if not
the legitimacy, of constitutional provisions they despised by agreeing
to register their followers in the electoral rolls set up by the junta,
legalize political parties according to the regime's own prescriptions,
and prepare to participate fully in a plebiscite they viewed as
undemocratic.
By early 1988, fourteen parties had joined a loose coalition for the
no vote. Moderate Socialists played a key role in convincing dubious
Chilean leftists to register to vote, and the more radical wing of the
Socialist Party finally followed suit. With little money and only
limited freedom to operate, an all- volunteer force led by Socialists
and Christian Democrats registered voters, organized training sessions
for poll watchers, and collected the signatures needed to legalize
parties. By the cutoff date, a record 92 percent of the voting-age
population had registered to vote, and four parties had collected enough
signatures to register poll watchers for 22,000 voting tables.
Despite inherently unfair campaign conditions, the military
government made some efforts to provide a level playing field. The
Constitutional Tribunal, to the annoyance of some hard-liners in the
regime, issued a firm ruling arguing that the constitution requires the
implementation of a series of measures that would guarantee an impartial
vote and vote count. Ironically, these measures had not been applied in
the plebiscite that had ratified the constitution itself in 1980.
Although opposition leaders did not trust the government, a fair
election was also in the government's interest. Pinochet and his
commanders were confident that the population's fear of a return to the
confrontations of the early 1970s, in combination with signs of economic
recovery and a campaign run with military efficiency, would permit
Pinochet to overwhelm the fractious opposition and let his detractors,
both at home and abroad, know that he enjoyed broad popular legitimacy.
In the weeks before the plebiscite, the no campaign, finally granted
access to television, stunned the nation with its unity and a series of
upbeat, appealing advertisements that stressed harmony and joy in a
reunited Chile, called for a return to democratic traditions, and hinted
at the poverty and oppression average people had suffered under the
dictatorship. In response, the government stepped up its official
propaganda campaign, bombarding the airwaves with grim and far less
appealing ads that reminded voters of the violence and disorder that had
preceded the coup and warned that Pinochet's opponents offered only more
of the same.
On October 5, 1988, the voting proceeded in a quiet, orderly fashion,
with military guards at each polling place, per tradition. By 9:00 P.M.,
the opposition's computers had counted half a million votes and showed
the no tally to be far ahead. However, the government kept delaying the
release of its tallies, and state television finally switched to a
comedy series from the United States.
After frantic behind-the-scenes negotiations and a failed effort by
some government officials to provoke street violence as an excuse to
cancel the plebiscite, government television announced, at 2:40 A.M.,
that with 71 percent of the vote counted, the no was far ahead. The
following night, a grim-faced Pinochet appeared on television and
acknowledged his defeat: 54.5 percent for the no, versus 43 percent for
the yes. Pinochet's acceptance of his electoral loss was a remarkable
event. Despite the general's evident ambition to remain in power, the
firm discipline within Chile's military establishment and the commitment
of the other junta commanders, who had pledged to guarantee the vote's
outcome, prevented him from doing so.
Chile - The Constitutional Reforms of 1989
The victory of the opposition led to a period of political
uncertainty. The no coalition had campaigned on a platform that rejected
not only Pinochet's candidacy but also the "itinerary" and
proposed "institutionality" of the Pinochet government.
Democratic leaders felt that their clear victory entitled them to seek
significant modifications in the constitutional framework established by
the armed forces. However, they firmly rejected calls for Pinochet's
resignation, or the formation of a provisional government, as
unrealistic. Although Pinochet and the armed forces had suffered an
electoral defeat, they had, of course, not been defeated militarily, nor
had they lost their iron grip on the state. Nor was there any hint that
the military would be willing to disregard Pinochet's wishes and abandon
the transition formula and institutional order envisioned in
"their" 1980 constitution. The fact that Pinochet had received
43 percent of the popular vote, despite fifteen years in office, only
strengthened his hand in military circles.
Under these circumstances, the opposition leaders understood that
they could not risk upsetting the military's transition formula or
giving Pinochet an excuse to renege on the constitutional provision
calling for an open presidential election within seventeen months. The
opposition had won the plebiscite following Pinochet's rules; it could
not now turn around and fully disavow them. Yet the opposition faced a
serious dilemma. The 1980 constitution would be very difficult to amend
once a new government was elected; a government elected under its terms
would be locked into a legal structure the coalition considered
fundamentally undemocratic. Pinochet would appoint almost one-third of
the Senate, and the congressional election would take place under the
rules of a system designed to favor the forces of the right, which had
supported the military government. Changes to the constitution could be
approved much more expeditiously before the full return to democracy
because they would require the approval of only four men on the military
junta, subject to ratification by a plebiscite.
Moderates within the military government who were open to discussions
with the opposition quickly distanced themselves from regime officials
and supporters who saw any compromise as capitulation. These moderates
believed that it was in the military regime's clear interest to bargain
with the opposition so as to salvage the essential features of the
institutional legacy of the armed forces. They wanted a "soft
landing" and feared that if the regime proved inflexible, a
groundswell of support for the opposition could sweep away all of what
they viewed as the government's accomplishments.
The position of the moderates in the military government, whose power
was not assured, was bolstered significantly by the willingness of the
largest party on the right, the National Renewal (Renovación
Nacional--RN), to sit down with the opposition parties to come to an
agreement on constitutional reforms. Political leaders of the democratic
right were also uncomfortable with many of the authoritarian features of
the 1980 constitution and anxious to distance themselves from the more
unpalatable features of the regime as the country began to move toward
electoral politics. They too were committed to a spirit of dialogue that
might help prevent a breakdown in the transition and a return to raw
military rule. The rightists' willingness to talk to their opponents in
the center and on the left placed the regime hard-liners on notice: if
reforms were not accomplished before the election of a Congress, the
center-left parties of the opposition and the moderate right might yet
find a way to dismantle the constitution of 1980.
The moderates within the government won the day with two additional
arguments. First, they argued that any compromise with the opposition
would leave the essence of the constitution intact while providing it
with a legitimacy it presently lacked. The constitutional reforms
finally would establish the Pinochet document as the legitimate
successor to the 1925 constitution.
Second, the government soft-liners made persuasive arguments that
constitutional reforms, prior to the advent of democratic politics,
could improve certain features of the constitution. The constitution was
designed for Pinochet's reelection, not his defeat, and the armed forces
feared that the document did not sufficiently protect their
institutional autonomy. By entering into a constitutional-reform
agreement, the authorities could insist on an amendment that would
elevate the law regulating the armed forces' internal operations,
including promotions, organization, training, and finances, to the
status of an "organic constitutional law." This would mean
that changes in the law could not be made unless approved by a majority,
or four-sevenths, of all senators and deputies.
The extraordinary bargaining among the democratic opposition, the
moderate right, and the regime owed much to the leadership of Patricio
Aylwin, the leader of the Christian Democrats, who had become the
standard-bearer of the no alliance. Aylwin understood that the
hard-liners within the military government could make the transition
difficult, if not impossible, if the reform process broke down. Nor did
Aylwin, who expected to be the next president of Chile, relish the
prospect of a confrontational transition government in which the new
authorities would endeavor vainly to implement reforms while supporters
of the former military government sought to hold the line. The prospects
for the first government after a long authoritarian interlude would be
jeopardized by a continuous struggle to define the future of the
country's institutional order. Better to agree on the playing field now,
in order to avoid fatal problems later. For the regime, Carlos Cáceres,
Pinochet's minister of interior, played a critical role. At one point in
the talks, he threatened to resign when the general balked at key
constitutional reforms, only to find strong support for his position
among other commanders on the junta.
Opponents of constitutional reform on both the far left and the far
right shared a curious symbiotic logic. Those on the left rejected
reform because they envisioned a sharp break with the military
government, which would be defeated once again in an open presidential
election and would have to concede the failure of its institutional
blueprint. Those on the right relished that very confrontation because
they saw it as forcing the military once again to accept its
"patriotic responsibility" and save the country from a
citizenry still not ready for democracy.
The fifty-four reforms, approved by 85.7 percent of the voters on
July 30, 1989, fell far short of the expectations of the opposition but
nevertheless represented significant concessions on the part of the
authorities. From the point of view of the opposition, the most
important modifications were to Article 8, which in its new form
penalized parties or groups that, through their actions and not simply
through their objectives, threatened the democratic order. Other reforms
eliminated the prohibition against party membership of labor or
association leaders, required the courts to consider habeas corpus
petitions in all circumstances, and prohibited exile as a sanction. The
revised article also reduced the qualified majorities required for
approval of organic constitutional laws and constitutional amendments in
Congress; eliminated the requirement that two successive Congresses vote
to enact amendments; and increased the number of elected senators to
thirty-eight, thus reducing the proportion of designated senators while
restoring some oversight functions to the Senate. In addition, the
amended article eliminated the president's power to dissolve the lower
house of Congress and reduced some of the chief executive's power to
declare a state of exception; changed the mandate of Cosena by
substituting the word representar (represent) for hacer
presente (make known), a legal construction that the opposition
interpreted from legal precedents at the Office of the Comptroller
General of the Republic (Oficina de la Contraloría General de la República)
as giving Cosena an advisory role, rather than an enforcement role; and
increased the membership of Cosena to eight by adding another civilian
member, the comptroller general (contraloría general). The
latter modification ensured that the military members of Cosena would
not enjoy a four-to-three majority.
From the perspective of the Pinochet government, the most important
result of the reform process was the retention of the essential elements
of its constitutional design and its ratification by an overwhelming
majority of the citizenry. What the military had not achieved in 1980,
it achieved with the negotiations of 1989. The constitution of the armed
forces had now replaced the constitution of 1925 as the legitimate
fundamental law of the land. Although it had to concede some points, the
military gained a significant victory with the provision that laws
dealing with the armed forces would be governed by an organic
constitutional law. The Pinochet regime also succeeded in having the
first elected president's term limited to four years with no option to
run for reelection. Government officials were convinced that even if the
opposition parties won the next election, they would be incapable of
governing, a situation that would open the door in four years to a new
administration more to the military's liking.
With the approval of the constitutional reforms, Chile's transition
became, in political sociologist Juan J. Linz's terms, a transición
pactada (a transition by agreement), rather than a transición
por ruptura (a sharp break with the previous order). However, the
opposition made clear that it saw the agreements as constituting only a
first step in democratizing the constitution, and that it would seek
further reforms of Cosena, the composition of the Constitutional
Tribunal and the Senate, the election of local governments, the
president's authority over the armed forces, and the powers of Congress
and the courts.
With the constitutional reforms behind them, Chileans turned their
attention to the December 14, 1989, elections, the first democratic
elections for president and Congress in nineteen years. The fourteen
opposition parties formed the Coalition of Parties for Democracy
(Concertación de Partidos por la Democracia--CPD), with Aylwin as
standard-bearer. His principal opponent was Pinochet's former minister
of finance, Hernán Büchi Buc, who ran as an independent supported by
the progovernment Independent Democratic Union (Unión Demócrata
Independiente--UDI) and the more moderate rightist party National
Renewal, which ran a joint congressional coalition called Democracy and
Progress (Democracia y Progreso). Independent businessman Francisco
Javier Errázuriz Talavera ran as the third candidate on a populist
platform supported by a heterogeneous group of small parties calling
themselves Unity for Democracy (Unidad por la Democracia).
Aylwin (1990-94) won a decisive victory, improving on the no vote in
the plebiscite with 55.2 percent of the 7.1 million votes cast to Büchi's
29.4 percent and Errázuriz's 15.4 percent. In the congressional races, the CPD was able to beat
the heavy odds imposed by the government's electoral formula and win a
majority of the elected seats in both the Chamber of Deputies and the
Senate. The CPD gained 49.3 percent of the vote to 32.4 percent for
Democracy and Progress in the Chamber of Deputies, and 50.5 percent of
the vote versus 43 percent for its opponent in the Senate.
Although the CPD won a majority of the contested seats in Congress,
it fell short of having the numbers required to offset the designated
senators to be appointed by the Pinochet government. Passage of even the
simplest legislation would have required negotiations with opposition
parties or individual designated senators. The military regime's
electoral law had ensured an overrepresentation of the parties of the
right in relation to their voting strength, making it virtually
impossible for the new civilian government to adopt constitutional
reforms without the concurrence of one of the main opposition groups.
Not the least of the new government's challenges was Pinochet
himself, who by constitutional provision could remain as commander in
chief of the army until 1997. Pinochet made it clear that he would
continue to be a watchdog, ensuring that the new rules were followed and
that "none of his men were touched" for their actions in the
"war" to save Chile from communism.
Although Chile's authoritarian legacies clearly frustrated the new
leadership, the transition probably was facilitated in the short term by
the veto power that the military and the right continued to enjoy. Had
the CPD pressed for an immediate modification of Pinochet's
institutional edifice and attempted to dismiss many of his supporters,
the armed forces would have been far more resistant to the return of
civilian rule.
Chile's rightist parties, which remained suspicious of popular
sovereignty and fearful that a center-left alliance with majority
support could threaten their survival, would have been much more likely
to conspire with the military had their "guarantees" been
undermined. These authoritarian legacies also contributed to the success
of the transition by helping the broad coalition under Aylwin's
leadership achieve unity, retain it, and elaborate a common program of
moderate policies. This moderation can be attributed not only to respect
for a new style of politics after the traumatic years of authoritarian
rule, but also to the new authorities' genuine fear of the strength of
the armed forces and their rightist supporters. The danger Chile now
faced was that the very provisions that made the transition possible in
the short term could make the consolidation of a stable democracy more
difficult in the long term.
Chile - STATE AND GOVERNMENT INSTITUTIONS
The State and the System of Government
Even prior to the 1970 election of Salvador Allende, the Chilean
state was one of the most extensively structured in Latin America. By
the end of the 1960s, direct public investment constituted over 50
percent of all gross investment. Government expenditures accounted for
14 percent of the gross national product ( GNP), and 13 percent of the
economically active population worked in the public sector. From 1940
until 1952, the budget deficit of the government averaged 0.5 percent of
the gross domestic product ( GDP). It grew to 2.4 percent between 1940
and 1952 and 4.3 percent between 1959 and 1964, a period largely
conconcurrent with the administration of the conservative Jorge
Alessandri.
With the growth of the state went the growth of a far-flung
bureaucracy with its own dynamic and considerable independence from
executive power. State expansion involved the creation of an ever larger
and more bewildering array of decentralized and semiautonomous agencies,
which depended only nominally on particular ministries for control. By
the mid-1960s, 40 percent of all public employees in Chile worked for
more than fifty such agencies, charged with implementing most of the
economic and social service responsibilities of the state.
Particularly important was the Production Development Corporation
(Corporación de Fomento de la Producción--Corfo), created in 1939 to
develop Chilean industry in accord with an import-substitution
industrialization policy. By mid-century Corfo owned shares in eighty of
the country's most important enterprises and held majority shares in
thirty-nine of them. Utilities, ports, steel production, and other
enterprises were developed by an array of state agencies. Although
public ventures, these enterprises were governed by their own boards and
enjoyed substantial autonomy from ministerial and executive control.
Some permitted direct representation of interest groups in a
quasi-corporatist scheme. Such representation was most commonly enjoyed
by business organizations, which had voting rights in agencies such as
the Central Bank of Chile (Banco Central de Chile; hereafter, Central
Bank), the State Bank of Chile (Banco del Estado de Chile; hereafter,
State Bank), and Corfo. During the Allende years, a policy of
nationalization of private industry brought close to 500 firms into
state hands, including the country's giant copper companies, which had
been owned by United States interests.
The expansion of the state sector was in response to a development
strategy that entrusted economic growth to publicsector initiative and
regulation. State expansion was also fueled by a presidential form of
government that encouraged chief executives to establish new programs as
their historical legacy. Civil service laws made it difficult for
incoming presidents to dismiss employees, a situation that led to the
creation of new agencies to undertake new programs without dismantling
old ones. In a sluggish economy, the state sector was also an important
source of patronage. Political parties, particularly those that were
part of the incumbent presidential coalition, became important
employment centers for government agencies.
The Chilean state, however, was also notable for its general lack of
corruption and its fairly efficient operation. Public employees were
keenly aware that their careers could be ruined if the powerful Office
of the Comptroller General caught them using funds improperly. Although
tax revenues often lagged, Chile enforced tax laws with greater success
than many of its neighbors. A career in public service was valued, and
the Chilean state counted on many dedicated and fairly well-educated
officers from Chile's middle classes. The relative efficiency and
probity of the Chilean state was the result of a long history of
competitive party politics, in which opposition parties and Congress
kept a close watch on the conduct of public affairs.
By the 1960s, Chile's strategy of import-substitution
industrialization had run its course. The country was plagued by chronic
inflation as contending groups sought government subsidies or wage
readjustments that would keep them ahead of their competition. The
scramble for favorable state action on behalf of sectoral interests was
intensified by growing polarization and confrontation in the political
sphere, as increasingly mobilized social groups sought larger shares of
Chile's finite resources. The system came to a breaking point during the
Popular Unity government, when the authorities unabashedly used state
agencies as a means of expanding political support. The Allende
government swelled the rolls of government offices with regime partisans
and made ample use of regulatory powers to freeze prices and increase
wages, while printing unbacked money to cover an expanding government
deficit. State agencies became veritable fiefdoms for the different
parties, each trying to pursue its own agenda with little regard for a
coordinated national policy.
Within days of toppling the Allende government, the military regime
began a dramatic reduction in the size of Chile's public sector. Between
1973 and 1980, public-sector employment was reduced 20 percent, and by
the latter year only forty-three firms remained in state hands. In the
late 1980s, another round of privatization further reduced state control
of productive enterprises. Cutbacks in state expenditures in other
fields, including medical care and education, reduced deficits to the
point that by the mid-1980s the state budget was in the black.
Government surpluses reached 3 percent of GNP by the end of the military
regime.
The civilian government of Patricio Aylwin took great pains to retain
a smaller but more efficient state. By 1992 government surpluses had
reached 5 percent of GNP; expansions in state expenditures for social
services were financed by increased revenues generated by tax reform,
rather than by deficit spending. By comparison with many developed
countries, Chile still retained a powerful state sector, with utilities,
railroads, and the giant copper mines that produced a significant
percentage of government revenues remaining under government control. At
the same time, the process of state decentralization begun by the
military government continued, albeit under the aegis of democracy
rather than dictatorship.
Chile's system of government was patterned after that of the United
States, as were those of all of the Latin American countries. The
failure of the French Revolution to produce an enduring republican model
left the representative model of Philadelphia as the only viable
republican system of government in the early nineteenth century. Chile
thus incorporated the principle of the separation of powers into its
constitutional framework, even though the country rejected in its
constitution of 1833 the federal system pioneered by the United States.
Much of Chile's political history can be described as an ongoing,
occasionally violent struggle for advantage among the executive and
legislative branches of government. In the 1920s, the Office of the
Comptroller General became a virtually coequal branch of government with
the others because of its great oversight powers and its virtual
autonomy. With the approval of constitutional amendments in 1970 and the
adoption of the 1980 constitution, the Constitutional Tribunal, Cosena,
and the Central Bank became important government organs in their own
right.
<>The Presidency
The constitution of 1925 sought to reestablish strong presidential
rule in order to offset the dominant role assumed by the legislature
after the Civil War of 1891. Elected to serve a single six-year term,
the president was given broad authority to appoint cabinets without the
concurrence of the legislature, whose members were no longer eligible to
serve in executive posts. Formal executive authority increased
significantly in succeeding years as Congress delegated broad
administrative authority to new presidents, who increasingly governed by
decree. Constitutional reforms enacted in 1947 and in 1970 further
reduced congressional prerogatives.
Although the 1925 constitution gave Chilean presidents increased
power on paper, actual executive authority does not appear to have
increased significantly. No president could count on gaining majority
support without the backing of a broad alliance of parties. In 1932,
1938, 1942, and 1964, presidential candidates structured successful
majority coalitions prior to the presidential election, promising other
parties cabinet appointments and incorporation of some of their
programmatic objectives. In 1946, 1952, 1958, and 1970, because
presidential candidates did not attract sufficient coalition support to
win a majority of the votes, the election was thrown into Congress,
which chose the winner from the two front-runners. Whether elected by a
majority of the voters or through compromises with opposition parties in
Congress, Chilean presidents found that governing often amounted to a
balancing act. Only by structuring complex majority coalitions could the
president pass legislative programs and prevent the censure of key
ministers by Congress.
The presidential balancing act was complicated by frequent defections
from the chief executive's coalition of supporters, even by members of
his own party, particularly in the waning months of his constitutionally
stipulated single term. One result was that the average cabinet often
lasted less than a year. For example, in the government of Gabriel González
Videla (1946-52), who was a member of the Radical Party (Partido
Radical--PR), the average cabinet lasted six and one-half months;
Allende's cabinets lasted slightly less than six months. The average
duration of ministerial appointments was six months and seven months in
the same two governments, respectively. This pattern resulted in
frustrated presidents and policy discontinuity that belied the formal
powers of the chief executive.
The authors of the constitution of 1980 sought to address the
government's structural problems by creating a far stronger executive.
The 1980 charter increases presidential terms from six to eight years
but retains the prohibition against immediate reelection, and it gives
broad new powers to the president at the expense of a weakened
legislature. However, prior to the transfer of power in March 1994, the
constitution was amended, reducing the presidential term back to six
years.
The constitution specifies that the president should be at least
forty years of age, meet the constitutional requirements for
citizenship, and have been born on Chilean territory. The president is
elected by an absolute majority of the valid votes cast. The 1980
constitution did away with the traditional practice of having Congress
decide between the two front-runners when no candidate receives an
absolute majority of the votes. It institutes instead a second-round
election aimed specifically at barring political bargaining in the
legislature and ensuring the election of a president with the backing of
a majority of the population.
In addition to specific prerogatives and duties, the constitution
grants the president the legal right to "exercise statutory
authority in all those matters that are not of a legal nature, without
prejudice to the power to issue other regulations, decrees, or
instructions which he may deem appropriate for the enforcement of the
law" (Article 32). The president has the right to call plebiscites,
propose changes to the constitution, declare states of emergency and
exception, and watch over the performance of the court system. The
president names ministers and, in accord with specific procedures, two
senators, the comptroller general, the commanders of the armed forces,
and all judges of the Supreme Court and appellate courts (cortes de
apelaciones). Departing from previous practice, which required
senatorial confirmation of diplomatic appointments, the 1980
constitution bars the legislative branch from any role in the
confirmation process. Finally, it increases the legislative faculties of
the president dramatically, making the chief executive a virtual
colegislator (Article 32, in concordance with Article 60).
Ironically, although the CPD strongly criticized the disproportionate
powers given to the president in the 1980 constitution, President Aylwin
moved with determination to make full use of those very powers. The son
of a middle-class family, whose father was a lawyer and judge and
eventually president of the Supreme Court, Aylwin was born on November
26, 1918, in Viña del Mar. He studied law and had faculty appointments
at the University of Chile and the Pontifical Catholic University of
Chile. In 1945 he joined the National Falange (Falange Nacional), the
precursor of the PDC, which he helped form in 1957. A former senator,
Aylwin served seven terms as president of the PDC, a position he held
when he was nominated as the PDC's presidential candidate. In his work
as spokesman for the multiparty opposition coalition, he displayed great
skills as a conciliator, gaining the confidence of parties and leaders
on the left, who had vehemently opposed his support for the overthrow of
the Allende government. A man of deep religious conviction, humble
demeanor, and unimpeachable honesty, Aylwin impressed friends and foes
alike when he successfully negotiated the constitutional reforms of
1989.
As president, Aylwin surprised even his closest advisers with his
firm leadership, particularly his willingness to stand up to Pinochet,
who remained army commander. For instance, in a crucial meeting of
Cosena, Aylwin challenged Pinochet on a matter directly related to the
issue of presidential authority and received backing from the other
military commanders for his position. Aylwin moved cautiously but firmly
in dealing with the human rights abuses of the past, appointing a
commission that officially acknowledged the crimes of the security
forces. Subsequent legislation provided compensation for victims or
their families, even if prosecution for most of those crimes appeared
unlikely ever to take place.
The Aylwin government also took great pains to assure domestic and
foreign investors of its intention to maintain the basic features of the
free-market economic model. The CPD was keenly aware that it needed to
retain the confidence of the national and international business
communities and show the world that it too could manage economic policy
with skill and responsibility. Indeed, by showing that Chile could
manage its economic affairs in democracy, the government could provide
an even more favorable economic climate, one not clouded by the
political confrontations and potential instability of authoritarianism.
The Aylwin government appeared to meet this objective, as the Chilean
economy grew at an average rate of more than 6 percent from 1990 through
1993.
The Aylwin government was cautious in proposing constitutional
reforms for fear of alienating the military and the opposition parties
of the right, which controlled the Senate. The key constitutional
reform, enacted on November 9, 1991, created democratically elected
local governments by reestablishing elections for municipal mayors and
council members. Additional reforms of the judicial system were also
approved. Although it indicated its desire to change the electoral
system and the nature of civil-military relations, the Aylwin government
was unable to achieve those objectives.
The executive branch in Chile is composed of sixteen ministries with
portfolio and four cabinet-level agencies--the Central Bank, the
Production Development Corporation (Corfo), the National Women's Service
(Servicio Nacional de la Mujer--Sernam), and the National Energy
Commission (Comisión Nacional de Energía). Ministers serve exclusively
at the president's discretion. Each ministry is required to articulate a
series of firm objectives for each fiscal year, and the president uses
these ministerial goals to judge the success of a particular department
and minister. Every seven months, a formal evaluation (state of
progress) is conducted to ascertain the progress of each ministry. The
president writes a formal letter to each minister in January, evaluating
the accomplishments or failures of the department in question. Cabinet
officers have significant authority over their own agencies.
Although important in setting the overall priorities of the
government and coordinating a uniform response to issues, cabinet
meetings deal primarily with general subjects. Critical policy
questions, however, are often addressed at the ministerial level by
interministerial commissions dealing with specific substantive areas.
These include infrastructural, development, economic, socioeconomic, and
political issues. If there is no unanimity on a particular matter, the
question goes to "the second floor" (the president's office)
for final disposition. The president is kept closely apprised of all
matters under discussion at all times by the secretary general of the
presidency, who has the primary responsibility of coordinating the work
of ministerial commissions. Under President Aylwin, that position was
held by Edgardo Boeninger Kausel, a former rector of the University of
Chile. Boeninger's success resulted not from the power of his position,
which in formal terms is unimportant, but from his skills as a
negotiator and consensus builder and from the willingness of the
cabinet, composed of individuals from different parties, to work in a
collegial fashion. This style of authority might slow decisions, but it
has the advantage of averting serious conflicts and sparing the
president from having to micromanage policy or serve as a constant
referee. Aylwin's secretary general of the government, Enrique Correa
Rios, the government's chief spokesman, also played a prominent role in
projecting the government's image and serving as a bridge to political
parties and opposition leaders.
In addition to the office of the secretary general of the presidency
and secondary general of the government, two ministries had key roles in
the Aylwin administration. The Ministry of Finance had virtual autonomy
in formulating and guiding overall economic and budgetary policy. The
Ministry of Interior, the principal "political ministry" of
the government, was charged with law enforcement and with coordinating
government policy with the parties of the CPD.
Chile - The Legislative Branch
Inaugurated on July 4, 1811, the National Congress became one of the
strongest legislative bodies in the world by the end of the nineteenth
century. The 1925 constitution reaffirmed the commitment to a bicameral
system made up of a 150-member Chamber of Deputies and a fifty-member
Senate. However, that charter diminished congressional prerogatives by
barring members of Congress from occupying ministerial posts,
restricting the legislature's power over budget laws, and giving the
president considerable legislative powers, including the right to
designate particular legislation as "urgent." Nevertheless,
Congress remained a critical arena for the formulation of national
policy, serving as the most important institution for cross-party
bargaining and consensus building in Chile's fragmented political
system. Congress produced fundamental legislation, such as laws
establishing social security (1924), the Labor Code (1931), the minimum
wage (1943), Corfo (1939), restrictions on the PCCh (1948), and agrarian
reform (1967). Congress also had an important means of oversight in its
authority to accuse ministers of wrongdoing.
Under the 1980 constitution, Chile retains a bicameral legislature
composed of the Chamber of Deputies and the Senate, both of which play a
role in the legislative process. However, the 1980 charter reduced the
Chamber of Deputies to 120 members, two for each of sixty congressional
districts. All deputies serve for four years on the same quadrennial
cycle. Upon taking office, all deputies must be citizens possessing the
right to vote. They must be at least twenty-one years old, must have
completed secondary education, and must have lived in the district they
represent for at least two years. The 1980 constitution also reduced the
Senate, to thirty-eight members, who serve eight-year terms, with half
of the body coming up for election every four years. Senators must be
citizens with the right to vote, must be at least forty years old, must
have completed secondary school, and must have lived in the region they
represent for at least three years. High-level government officials,
including ministers, judges, and the five members of the Central Bank
Council, are barred from being candidates for deputy or senator until a
year after they leave their posts. Leaders of community groups or other
associations also are not permitted to become candidates unless they
give up their posts.
In addition to the elected senators, the Senate has nine designated
senators (eight since the death of one in 1991), all of whom serve
eight-year terms. The Supreme Court names two from the ranks of former
members of the court and one who has served as comptroller general.
Cosena designates four senators, each a former commander of each of the
armed services who held that post for at least two years. Finally, the
president of the republic designates two senators, one who has been a
university president and the other a government minister (Article 45).
All former presidents who remain in office for at least six years of the
eight-year term are automatically senators for life. Pinochet, the only
former president alive when the current Senate was installed in March
1990, opted instead to remain commander in chief of the army, a post
that is constitutionally excluded from a senatorial position. The
appointed senators played a somewhat surprising role in the Aylwin
government by not always acting in unity with the rightist opposition,
as the government feared they would. Indeed, these senators occasionally
served as bridges between the government and the armed forces, helping
to diffuse tensions and avert misunderstandings.
The Chamber of Deputies carries out its duties by means of thirteen
permanent commissions, each one of which is composed of thirteen
deputies. The Senate has eighteen commissions, each with five members.
Most of the commissions correspond to a ministry responsible for a
similar substantive area. Mixed commissions, composed of members from
both houses, are charged with resolving discrepancies between the houses
on particular pieces of legislation.
The constitution establishes a hierarchy of laws that must be
approved by majorities of various sizes. Ordinary laws are approved by a
simple majority of the members present in both chambers. Laws requiring
a qualified quorum must be approved by an absolute majority of all
legislators. An example would be a law redefining the boundaries of
regions or provinces. Organic constitutional laws, designed to
complement the constitution on key matters, require approval by
four-sevenths of all members to be modified, repealed, or enacted into
law. Finally, laws interpreting the constitution require the approval of
three- fifths of all legislators for enactment.
Constitutional amendments can be initiated by the president, ten
deputies, or five senators, and they require the concurrence of
three-fifths of all legislators and the signature of the president to be
approved. Key provisions dealing with such matters as rights and
obligations, the Constitutional Tribunal, the armed forces, and Cosena
require the assent of two-thirds of the members of each chamber and
approval by the president. If the president rejects a constitutional
reform measure that is subsequently reaffirmed by Congress by at least a
three-fifths vote, he or she can take the matter to the voters in a
plebiscite.
Congress has the exclusive right to approve or reject international
treaties presented to it by the president before ratification, following
the same procedure used in approving an ordinary law. Although the
president, with the consent of Cosena, can institute a state of siege,
Congress, within a period of ten days, can approve or reject the state
of siege by a majority vote of its members.
In case the office of the president is left vacant and there are
fewer than two years left in the presidential term, Congress can select
a presidential successor through a majority vote of its members. Should
the vacancy occur with more than two years left in the presidential
term, a new presidential election would be called. The Chamber of
Deputies can also initiate a constitutional accusation by majority vote
against the president, ministers, judges, the comptroller general,
admirals, generals, intendants of regions, and governors of provinces
for violations of the law, constitutional dispositions, or abuse of
power. The Senate, in turn, acts as a jury and finds the accused either
innocent or guilty as charged. If the president of the republic is
accused, the conviction depends on a two-thirds majority in Senate. The
Senate is also required to give the president permission to leave the
country for a period of more than thirty days or for any amount of time
during the last ninety days of the presidential term. Further, the
Senate can declare the physical or mental incapacity of the president or
president-elect, once the Constitutional Tribunal has pronounced itself
on the matter.
The original constitutional provisions of 1980 virtually barred the
Senate from exercising oversight of the executive branch or expressing
opinions on the conduct of government. These provisions were removed
from the constitution in the 1989 amendments. The amendments also
eliminate the president's power to dissolve the Chamber of Deputies. The
constitution of 1980, however, severely limits the role of Congress in
legislative matters relative to earlier legislatures in Chilean history.
Article 62 states that "the President of the Republic holds the
exclusive initiative for proposals of law related to changes of the
political or administrative division of the country, or to the financial
or budgetary administration of the State." Article 64 of the
constitution also restricts the budgetary prerogatives of the
legislative branch.
In several areas, the president is given sole authority to introduce
bills. These include measures involving spending, changes in the duties
and characteristics of public-sector administrative entities,
modifications to the political-administrative configuration of the
state, and initiatives related to collective bargaining. The president
can also call the legislature into extraordinary session, at which time
the legislature can only consider legislative and treaty proposals
introduced by the president. The president may grant certain initiatives
priority status, requiring that Congress act within three, ten, or
thirty days, depending on the degree of urgency specified. In this
sense, the president has the exclusive power to set the legislative
agenda and, therefore, the political agenda. In a further restraint on
legislators, the 1980 constitution permits the Constitutional Tribunal
to remove a senator or deputy from office if he or she "permits the
voting of a motion that is declared openly contrary to the political
constitution of the State by the Constitutional Tribunal" (Article
57).
Finally, Congress is limited in its ability to act as a counterforce
against the president's power in matters dealing with the constitutional
rights of citizens. Although the president needs the approval of the
majority of Congress to establish states of siege, the president may
declare a state of assembly, emergency, or catastrophe solely with the
approval of Cosena (Article 40).
Important legislative initiatives approved during the Aylwin
government have included, in the political sphere, constitutional
changes leading to the creation of democratic local governments; laws
reforming the administration of justice, including the treatment of
political prisoners and terrorism; and the creation, in 1990, of a
cabinet-level agency, Sernam, to pay special attention to women's
issues. In the sociocultural area, changes included a revision to the
National Education Law (Estatuto Docente) to "dignify" the
teaching profession and establish a "teaching career"; a
reformulation of student loan programs; and measures designed to
simplify the reporting of petty crimes and robbery and increase the
powers of the police in dealing with such crimes. Congress also approved
measures to regulate collective bargaining and recognize labor
organizations. In the economic sphere, the most important legislation
enacted into law included the Industrial Patents Law, designed to ease
Chile's entrance into international markets; the lowering of tariff
barriers; and the creation of a price-stabilization fund for petroleum.
In the international sphere, Congress approved various treaties of
economic cooperation (including one with the European Economic
Community) and ratified the findings of the Bryan Commission, a joint
commission with the United States that settled the case of the 1977
assassination of Chilean ambassador Orlando Letelier in Washington,
which had constituted a long-time source of conflict between Chile and
the United States.
During the Aylwin administration, relations between the executive and
Congress were conducted through an informal network of bilateral
commissions composed of ministers and their top advisers and senators
and deputies of the governing coalition working in the same policy area.
However, these meetings proved less important than the weekly gatherings
presided over by the minister of interior with party leaders of the CPD
coalition, leaders of the CPD parties in the legislature, and the
secretary generals of the presidency and the government. At these weekly
meetings, the legislative agenda was discussed and decided upon. This
pattern of decision making signified, in practice, that individual
members of Congress and the legislature itself had assumed a secondary
and pro forma role, following the instructions of legislative leaders in
their close negotiations with government and party leaders. Nor did
congressional committees or members of Congress have enough staff and
expertise to deal with experts from the executive branch on complex
legislative matters. Individual legislators could articulate concerns
and provide important feedback, but early in the postauthoritarian
period the legislature appeared to be playing a decidedly secondary
role.
Chile - The Courts
Although the Republic of Chile's founders drew on the example of the
United States in designing the institutions of government, they drew on
Roman law and Spanish and French traditions, particularly the Napoleonic
Code, in designing the country's judicial system. The judicial system
soon acquired a reputation for independence, impartiality, and probity.
However, the judiciary fell into some disrepute during the Parliamentary
Republic (1891- 1925), when it became part of the logrolling and
patronage politics of the era.
The 1925 constitution introduced reforms aimed at depoliticizing and
improving the judicial system by guaranteeing judicial independence.
Chile's justice system established itself as one of the best on the
South American continent, despite a serious lack of resources and
inadequate attention to the needs of the nation's poorest citizens.
During the Popular Unity government, the Supreme Court repeatedly
clashed with the president and his associates. The Allende government
viewed the court as a conservative and inflexible power, obsessed with a
literal definition of a law designed to protect the privileges of
private property against the new logic of a revolutionary time. The
Supreme Court retorted vehemently that its task was simply to follow the
dictates of the law, not to change it to suit some other objective.
The courts had much less difficulty dealing with the military regime,
which left the court system virtually intact. As soon as the courts
accepted the legitimacy of the military junta as the new executive and
legislative power, they worked diligently to adjudicate matters in
conformity with the new decree laws, even when the latter violated the
spirit and letter of the constitution. In particular, the courts did
nothing to address the serious issue of human rights violations,
continuously deferring to the military and security services. The
Supreme Court saw its own jurisdiction severely eroded as the military
justice system expanded to encompass a wide range of national security
matters that went far beyond institutional concerns.
According to the 1925 constitution, modified somewhat by the 1980
document, the Supreme Court can declare a particular law, decree law, or
international treaty "inapplicable because of
unconstitutionality." This does not invalidate the statute or
measure for all cases, only for the one under consideration. Another
important function of the Supreme Court is the administration of the
court system. The organization and jurisdiction of Chile's courts were
established in the Organic Code of the Tribunals (Law 7,241) adopted in
1943. This law was modified on several occasions; two recent instances
are the organic constitutional Law 18,969 of March 10, 1990, and Law
19,124 of February 2, 1992. Chile's ordinary courts consist of the
Supreme Court, the appellate courts (cortes de apelación),
major claims courts, and various local courts (juzgados de letras).
There is also a series of special courts, such as the juvenile courts,
labor courts, and military courts in time of peace. The local courts
consist of one or more tribunals specifically assigned to each of the
country's communes, Chile's smallest administrative units. In larger
jurisdictions, the local courts may specialize in criminal cases or
civil cases, as defined by law.
Chile has sixteen appellate courts, each with jurisdiction over one
or more provinces. The majority of the courts have four members,
although the two largest courts have thirteen members, and Santiago's
Appellate Court (Corte de Apelación) has twenty-five. The Supreme Court
consists of seventeen members, who select a president from their number
for a three-year term. The Supreme Court carries out its functions with
separate chambers consisting of at least five judges each, presided over
by the most senior member or the president of the court.
Members and prosecutors of the Supreme Court are appointed by the
president of the republic, who selects them from a slate of five persons
proposed by the court itself. At least two must be senior judges on an
appellate court. The others can include candidates from outside the
judicial system. The justices and prosecutors of each appellate court
are also appointed by the president from a slate of three candidates
submitted by the Supreme Court, only one of whom can be from outside the
judicial system. In order to be appointed, ordinary judges at the local
level are appointed by the president from a slate of three persons
submitted by a court of appeals. They must be lawyers, must be at least
twenty-five years old, and must have judicial experience. Ministers of
the appeals courts must be at least thirty-two years old, and Supreme
Court ministers must be at least thirty-six years old, with a specified
number of years of judicial or legal experience. Judges serve for life
and cannot be removed except for inappropriate behavior.
The relationship between the Aylwin administration and the Supreme
Court was tense. Pinochet offered extraordinary retirement bonuses to
the eldest court members to ensure the appointment of relatively young
judges who were friends of the outgoing regime. The parties of the CPD
were highly critical of these appointments and made no secret of their
strong disapproval of the Supreme Court's behavior under the military
government, particularly its complete disregard for the massive
violations of human rights. Responding to these concerns, the Aylwin
administration introduced constitutional reform legislation that would
overhaul the nomination procedure for Supreme Court ministers, create a
separate administrative structure for the judicial branch, and obligate
the Supreme Court to take a more vigilant role in the protection of
human rights. These reform efforts failed because the parties of the
right refused to go along with change in the face of strong opposition
from the Supreme Court, which was fearful that it would lose its
prerogatives and concerned that the judicial system would become
"politicized." Still pending as Aylwin's term neared its end
were reforms of the military justice system with its authority to try
civilians in areas of national security and to judge military personnel
even when charged with a criminal or civil crime against civilians.
Chile - The Autonomous Powers
Although the comptroller general serves as an effective watchdog over
government officials and functionaries, definitive and binding decisions
on constitutional matters are made by the Constitutional Tribunal. The
tribunal was created by the constitutional reforms of 1970 (Law 17,284)
to provide the country with a body that would serve as final arbiter on
constitutional matters and thus prevent the adoption of unconstitutional
laws or decrees. Like other "neutral" institutions, such as
the military and the courts, the tribunal was highly politicized by the
crisis of the Allende years. It was unable to serve as an effective
arbiter as the institutional conflict--between the government and its
opposition and between the presidency and Congress--as well as the
political conflict escalated beyond the point of no return.
Under the 1980 constitution, the Constitutional Tribunal consists of
seven members appointed on a staggered basis to eightyear terms. The
Supreme Court selects three, Cosena two, and the president and Senate
one each. The tribunal possesses broad powers to judge the
constitutionality of laws at all points in the legislative process. It
can also declare unconstitutional any decrees issued by the president of
the republic and rule on the constitutionality of a plebiscite. The
tribunal resolves disputes among government ministers, legislators, and
the executive and can rule on complaints presented by the president or
members of either of the legislative chambers, provided that at least
one-fourth of the members agree to register a formal grievance. The
tribunal also rules on constitutional challenges to the legality of
political parties (Article 19).
The Constitutional Tribunal is the court of last resort on
constitutional matters. Article 83 of the constitution provides that
"no appeal whatsoever shall apply against the decisions of the
Constitutional Tribunal." The article adds that "once the
court has decided that a specific legal precept is constitutional, the
Supreme Court may not declare it inapplicable on the same grounds on
which the decision was based."
The parties represented in the Aylwin coalition were not comfortable
with the tribunal's broad jurisdiction. In their view, the tribunal's
far-reaching powers to determine the constitutionality of laws,
presidential decrees, and other government decisions made it a highly
undemocratic body, particularly given that its members are appointed
almost entirely by nonelected bodies. The Aylwin government favored
constitutional reforms that would give the president and Congress the
right to appoint a substantial majority of the tribunal members. The
government also sought to limit the tribunal's power to decide the
constitutionality of laws approved by Congress and signed by the
president.
Reforms seemed unlikely in the immediate future because the parties
of the right argued that a tribunal designed to protect the supremacy of
the constitution would be undermined, should it be constituted by those
very bodies that would be scrutinized. In addition, those accepting the
status of the tribunal pointed to the positive role it played in
settling the dispute over the status of independent candidates in the
1992 municipal elections. They contended that the tribunal's role in
settling the dispute helped avert a major political dispute that might
have delayed the elections.
Chile - The Central Bank of Chile
The armed forces constitute an essentially autonomous power within
the Chilean state. An entire chapter of the constitution (Chapter 10) is
devoted specifically to the armed forces, granting them a status
comparable to that of Congress and the courts. Although the opposition
felt that it had reduced the tutelary role of the armed forces with the
constitutional reforms of 1989 by softening the language dealing with
Cosena's powers, the military continued to have a constitutionally
sanctioned right to discuss politics and policy and make its views known
to the democratically elected authorities.
Whether or not the commanders of the services "represent"
their views "or make them known," the political fact remains
that the armed forces are defined by the constitution as the
"guarantors of the institutional order of the Republic." Thus,
their leadership exercises tutelage over the conduct of the elected
government and other state bodies. This privilege is given only to the
commanding officers. The 1980 constitution lays down strict rules
requiring lower-ranking officers to refrain from any political activity
or expression and to conform strictly to the orders of their superiors.
The 1989 reforms did not change the provisions that insulate the
commanders in chief of the armed services and the National Police from
democratically elected leaders. Although the military commanders and the
head of Chile's paramilitary police, the Carabineros, are chosen by the
president from among those officers having the most seniority in their
respective services, the appointment is for four years, during which
time the commanders cannot be removed except by Cosena under exceptional
circumstances.
The constitution also specifies that entry into the armed services
can only be through the established military academies and schools that
are governed exclusively by the services without outside interference.
The Organic Constitutional Law on the Armed Forces (Law 18,948 of
February 1990) governs in detail military education, hierarchy,
promotion, health, welfare, and retirement. It also provides the armed
forces with a specific minimum budget that cannot be reduced. Other
legislation provides the military with a set percentage from the
worldwide sales of the state-run copper companies.
Despite seventeen years of military rule, the armed forces are
remarkably uncontaminated by factionalism or partisan politics. No major
divisions within the services are apparent. However, because the
military enjoyed privileged treatment during Pinochet's rule, any
attempt to tamper with military prerogatives was likely to be strongly
resisted.
Pinochet's insistence on retaining his position as commander in chief
of the army displeased the Aylwin government. As commander of the army,
the general affirmed the military's determination to resist prosecution
for human rights violations. Yet the army's credibility was badly
damaged by allegations of financial wrongdoing by Pinochet's son, the
discovery of mass graves containing corpses of individuals who died
while in military hands, and the illegal export of arms to Croatia. The
report of the National Commission on Truth and Reconciliation, known as
the Rettig Commission, confirmed many of the allegations of military
abuses.
The Aylwin government contended that the full consolidation of
democracy could not be accomplished without a fundamental change in the
relationship between civil and military authority. Members of the CPD
asserted that presidential control of the armed forces existed in all
modern democracies and since 1822 had been an essential element in
Chile's constitutional tradition.
A proposal for reform of the Organic Constitutional Law on the Armed
Forces was signed by President Aylwin on March 29, 1992, and sent to
Congress. Aylwin's initiative dealt specifically with Article 7 and
Article 53 of the organic laws of the armed forces and police, which
limit presidential prerogatives in relation to the hiring, firing, and
promotion of members of the military. Among the suggested reforms was a
provision providing the president with the right to choose commanders of
the armed forces from among the ten most senior officers, instead of the
top five. These proposals were opposed, however, by both parties of the
right, making it impossible to envision any constitutional reform on
this matter in the foreseeable future.
The opposition contended that the tenure of the commanders had
contributed to the stability and moderation of the Chilean transition.
It argued that these reforms would result in the politicization of the
armed forces by undermining the hierarchy, discipline, and
professionalism of military institutions. The rightist parties also
contended that the reform proposals, if successful, would upset the
counterweights on presidential power and would disturb the institutional
balance existing between the president, the Constitutional Tribunal,
Congress, and Cosena. This balance, they argued, helped guarantee the
success of the Chilean transition by insulating the armed forces from
overt political pressures.
Chile - Regional and Local Government
With the adoption of the constitution of 1833, Chile abandoned
earlier attempts to create a federal system and opted for a unitary form
of government. As such, regional and local governments became creatures
of national authority, subject to the legislative and constitutional
powers vested in the central government. This did not mean that local
governments did not enjoy varying degrees of self-determination and
autonomy over the years. The 1833 document provided for the election of
local municipal councils through direct popular vote, a practice
retained by the constitution of 1925. During much of the nineteenth
century, local governments were barely able to provide the minimal
services they were charged with, such as the maintenance of public order
and basic sanitation, given the scarcity of resources. In 1891, however,
the country embarked on a bold experiment, providing significant local
autonomy to the nation's elected municipalities, many of which
flourished under local leadership with local resources. The center of
gravity of Chilean politics shifted toward local governments and their
allies in Congress.
Partly in reaction to the corrupt machine politics of the city
bosses, the 1925 constitution sought greater oversight of local
authorities by expanding the democratic process through the creation of
elected provincial assemblies. However, enabling legislation that would
have made those assemblies a reality was never adopted. Instead, the
oversight functions were turned over to appointed agents of the central
government. During the dramatic expansion of the national state in the
wake of the Great Depression, local governments were left behind. Tax
revenues, which by law were supposed to be returned to local
governments, were routinely kept by the authorities of the central
government. The essence of local politics became a struggle to use party
and patronage networks to extract resources on a preferential basis for
local development. As the nation's electorate expanded, local government
officials played an increasingly important role as electoral agents.
Mayors and councilors became political brokers seeking to exchange votes
for a water treatment plant, a stretch of highway, or jobs for
constituents. Elections for local office were as hotly contested as
elections for national office and served as building blocks of party
development.
The military regime viewed the somewhat fractious state of local
politics as proof that parties and politicians were incapable of
efficient administration. As a result, it designed a system of local
administration distinctly based on corporatism and heavily dependent on
direct appointments from the center. According to the constitution of
1980, regional and local governments would be administered by intendants
and mayors, respectively. These figures would be appointed directly by
the president of the republic, although the mayors of smaller towns
would be designated by regional councils created to advise the
intendants. The regional councils would be formed by employees of state
agencies in the locality, military officers, and designated
representatives of interest groups with no party affiliation. This
conception of regional government would be extended to the municipal
level with similarly designated local councils.
Although this scheme would make local authorities highly dependent on
appointments from above, the military government also took an important
step to decentralize state functions by giving local administrative
units greatly increased resources and autonomy to make local governments
viable. A notable example was the decision to give municipal governments
far more responsibility for elementary and secondary education and other
local services.
The Aylwin government made the restoration of democracy at the
grass-roots level a matter of high priority. Many opposition leaders on
the right shared the view that the military regime had gone too far in
eradicating the country's long tradition of elected local governments.
After considerable debate, the government and the National Renewal party
were able to reach consensus on a constitutional reform law, adopted in
November 1991, to change Chapter 13 of the constitution dealing with
local administration (Law 19,097).
The constitutional reform was followed by the adoption of a new
Organic Constitutional Law on Municipalities (Law 19,130 of March 19,
1992), which paved the way for municipal elections in June 1992. Under
the law, local governments are formed by a municipal council and a mayor
who serve four-year terms and are elected through a proportional
representation system. Candidates must be sponsored by registered
political parties that obtained at least 5 percent of the vote in
previous contests. The number of councilors varies, from six in smaller
municipalities to ten in the larger ones. The law establishes that the
councilor who receives the most votes on the party list that receives
the largest number of votes is elected mayor, provided that he or she
obtains at least 35 percent of the total vote. If this requirement is
not met, the mayor is elected by the municipal council from among its
own number by an absolute majority of the vote. The Organic
Constitutional Law on Municipalities requires that the mayor and
councilors be citizens in good standing, reside in the region where they
are running for office, and be literate. It bars government officials
and members of Congress from running for local office. It is the mayor's
responsibility to propose a communal plan, a budget, investment
programs, and zoning plans to the municipal council for approval. The
mayor also appoints delegates to remote areas of the community. The
municipal council approves local ordinances and regulations and oversees
the work of the mayor, being authorized to call to the attention of the
comptroller general any irregularities.
Municipalities have sole responsibility for traffic regulation, urban
planning and zoning, garbage collection, and beautification. Municipal
governments work closely with state agencies on a host of other matters,
ranging from public health to <>tourism
, recreation, and education, and
are authorized to create administrative units to oversee each of these
activities. Most of the municipal resources come from the Common
Municipal Fund, administered by the Ministry of Interior, which
endeavors to favor poorer areas in the distribution of resources for
local government. The law on municipalities also calls for the creation
of an economic and social council in each municipality. This is an
advisory body constituted by representatives of local organized groups,
including neighborhood associations and functional organizations, such
as parent-teacher associations and mothers' groups.
On June 23, 1992, 6.4 million Chileans (90 percent of the nation's
registered voters) participated in Chile's first municipal elections
since 1971. As was done in the congressional elections of 1989, joint
lists designed to maximize electoral fortunes were formed by both the
progovernment and the antigovernment parties. The results of the
municipal contests did not deviate substantially from those observed in
the earlier race. The CPD obtained 60.6 percent of the vote, to the
right's 30 percent (38 percent if the independent Union of the Centrist
Center [Unión de Centro Centro-- UCC] is counted with the right).
Nationwide elections for the country's thirteen regional councils
were held in April 1993. The CPD won the majority of the thirteen
regions. Of the total of 244 regional council members elected
nationwide, 134 were CPD candidates and eighty-six were candidates of
the opposition parties of the right. Another thirteen seats went to
independent candidates or those from other parties. A tie resulted only
in the sparsely populated Aisén del General Carlos Ibáñez del Campo
Region in the far south, where the government and the opposition each
won eight council seats.
The Party System
In the early 1990s, Chile had a strong, ideologically based
multiparty system, with a clear division among parties of the right,
center, and left. Chile's parties traditionally have been national in
scope, penetrating into remote regions of the country and structuring
politics in small villages and provincial capitals. Party affiliation
has served as the organizing concept in leadership contests in
universities and private associations, including labor unions and
professional associations. Political tendencies are passed from
generation to generation and constitute an important part of an
individual's identity.
By the middle of the twentieth century, each of Chile's political
tendencies represented roughly one-third of the electorate. The left was
dominated by the Socialist Party (Partido Socialista--PS) and the
Communist Party of Chile (Partido Comunista de Chile--PCCh), the right
by the Liberal Party (Partido Liberal) and the Conservative Party
(Partido Conservador), and the center by the anticlerical Radical Party
(Partido Radical--PR), which was replaced as Chile's dominant party by
the Christian Democratic Party (Partido Demócrata Cristiano--PDC) in
the 1960s.
Although ideological polarization characterized party politics until
the 1960s, political coalitions across party lines helped to mitigate
conflict. Party politics dominated both the national arena, where
ideological objectives predominated, and the local arena, which focused
on more clientelistic concerns. The interplay between these two levels
helped moderate interparty conflict. Polarization increased markedly,
however, in the wake of the 1959 Cuban Revolution as parties radicalized
their programs, seeking to achieve hegemony over their rivals in an
increasingly desperate attempt to control Chile's future.
The military authorities believed that their policies would
fundamentally change the traditional party system. Repression, legal
restrictions, and new legislation governing parties and elections,
combined with profound underlying changes in the nation's social