STUDY BASED ON FEW PROVISIONS PUBLICLY AVAILABLE ON NEW CHILEAN CONSTITUTION

Created: 10/2/1978

OCR scan of the original document, errors are possible

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f II CHILE! THIS STUDY IS BASED ON THE FEU PROVISIONS PUBLICLY AVAILABLE OF THE NEU CHILEAN CONSTITUTION. THE ANALYSIS OF THE IMPENDING CONSTITUTIONALMAJOR STEP CONTEMPLATED BY THE PINOCHET REGIME IN ITS TRANSITION TO CIVILIAN GOVERNMENT--IS OBVIOUSLY TENTATIVE. UHEN ALL OF THE DRAFT CONSTITUTION'S PROVISIONS AREORE COMPLETE AND PRECISE CONSIDERATION KILL BE POSSIBLE J

IN HIS SPEECH MARKING THE FIFTH ANNIVERSARY OF TH^

OVERTHROU OF THE ALLENDE GOVERNMENT ONRESIDENT PINOCHET OUTLINED THE LATEST AND. AS YET* MOST DEFINITE PLANS FOR THE TRANSITION FROM MILITARY TOGOVERNMENT. ACCORDING TOEUPREPARED UNDER HIS GUIDANCE* WOULD BE SUBMITTED TO VOTERS NEXT YEAR* BUT ELECTIONS UOULD NOT BE HELD UNTIL HAS. INITIAL REACTION TO THE SPEECH HAS FOCUSED ON THE LONG INTERVAL BEFORE CIVILIAN RULE. PROBABLY OF GREATER SIGNIFICANCE* HOUEVER* IS THE DEVELOPING CONTROVERSY OVER

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THE PINOCHET CONSTITUTIONi WHICH DIFFERS MARKEDLY FROM5 CONSTITUTION. PINOCHET INTENDS TO SUBMIT THE NEU CONSTITUTION fOR APPROVALATIONALSOflE POSSIBLE OUTCOMES OF UHICH COULD PRODUCE SERIOUS, EVEN CRITICAL PROBLEMS FOR THE REGIME- WHETHER CHILEANS ACCEPT OR REJECT THE NEW CHARTER, THE PINOCHET CONSTITUTION AND THE OPPOSITION TO IT DISCLOSE ONCE AGAIN THE POLITICAL CONSEflUENCES OF THE RECWE'S PERCEPTION OF THE PROFOUND CLEAVAGE IN CHILEAN POLITICS^ THE APPROACHEU CONSTITUTION^

IN HIS LENGTHY SPEECH, OFTEN POLEMICAL IN TONE, PINOCHET DEALT WITH MORE THAN THE TRANSITION TO CIVILIAN RULE. AS HE HAS IN THE PAST, HE DEFENDED THE LEGITIMACY OF THE COUP AND THE MORAL MANDATE OF HIS MILITARY REGIME, REVIEWED ITS PROGRESS, HIGHLY PRAISED ITS ECONOMICANDIDE RANGE OF DOMESTIC ANDISSUES. HE MET HEAD-ON MANY OF THE PAST AND PRESENT CRITICISMS OF HIS ADMINISTRATION AND ITS POLICIES

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OLPLY RAISED SORE THORNY HATTERS* HOST NOTABLY THE IITELIER CASE- ALL IN ALL* ITONG AND STRONGLYVZFZHSZ OF HIS EMBATTLED REGIME IN ITS CONTINUING STRUGGLE AGAINST THE FORCES AND IDEOLOGIES ALLEGEDLY MANIFESTED IN THE OVERTHROWN ALLENDE ADMINISTRATION- IN THAT STRUGGLE* PINOCHET CLAIMS TO ENJOY MAJORITY SUPPORT AGAINST HIS OPPONENTS. HIS CLAIM HILL BE PUT TO ANTEST WHEN CHILEAN VOTERS ARE GIVEN THE CHANCE TO ACCEPT OR REJECT THE REGIME'SDOCUMENT* ONE OF WHOSE MAJOR PURPOSES IS TO PREVENT LEGALLY ANOTHER ALLENDC-TYPE GOVERNMENT.V

ACCORDING TO PINOCHET* THE VOTE ON THE NEUUILLHREE-STAGE PHOCZZl LEADING TO CIVILIAN RULE:|

IN STAGE ONE* THE CHILEAN PEOPLE NEXT YEAR

BC ASKED TO APPROVE THE NEU CONSTITUTION.

DRArTED BY EXPERTS CHOSEN BY THE JUNTA ANDUNDER PINOCHET'S GUIDANCE-^

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N STAGESIX YEARS* CHILE MILL BE RULEDRANSITIONAL GOVERNMENT IN WHICH POLITICAL POWER WILL BE SHARES WITH LEGISLATORS APPOINTED BY THE JUNTA-^IN STAGE THREE, REACHED INIVILIANWILL BE ELECTED UNDER THE RULES OF THE NEU BOUT THE RETURN TO CIVILIAN RULE, THE REGIMETUO IMPERATIVES! IT MUSTIVILIAN POLITICAL SYSTEM, AND SECONDLY, THAT SYSTEM MUST BETO THE POLITICAL ASSAULTS OF THE FORCES AND IDEOLOGIES THAT CAUSED THE "TRAUMA"^

THE STRONG EMOTION BEHIND THE VIEWSAFE" CONSTITUTIONRITICAL NECESSITY WAS DISPLAYED IN PINOCHET'S ANNIVERSARY SPEECH BY HIS CHARACTERIZATION OF THE ALLENDE REGIME AND HIS DESCRIPTION OF THESURROUNDING ITS REMOVAL) OTALITARIAN MARXIST-LENINIST OPPRESSION AIMED ATOMMUNIST

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T'.RANNY. THOSE WHO TRIED TO ANNIHILATE FOREVER THE 1ASIC PRINCIPLES OF CHILEAN THIS HARSH RHETORIC* UHICH INCLUDED THE PHRASE "CIVILS MEANT TO RtMIND REGIME SUPPORTERS OF THE IRRECONCILIABLEBETWEEN 'iHOSE WHO STILL SUPPORT THE DEPOSEDAND THOSE WHO APPROVE ITS OVERTHROW. IN THIS "UE" AND "THEY" DIVISION* "THEY" CANNOT BE SIMPLY REGARDED AS AN OPPOSITION PARTYEMOCRATIC"THEY" ARE THE ENEMY,ONSTITUTIONAL SYSTEM MUST BF CONSTRUCTED THAT UILL PREVENT THEM FROM COMING TO POWER.V

ONSCflUtNCE* THE MILITARY REGIME HAS GIVENTIME AND THOUGHT TO THE URITING OF THE NEU FOR NEARLY FIVEONSTITUTIONAL REFORM

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BY THE JUNTA AND GUIDED BY PINOCHET-HAS LA80REDRAFT. MANY CHILEANS* INCLUDING MEMBERS OF THE OPPOSITION. UOULD AGREE THAT THE CONSTITUTION OF im HAD SERIOUS WEAKNESSES AND NEEDED REVISION*TO PREVENT THE ELECTIONRESIDENTINORITY mi

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ANO TO HAKE IT IMPOSSIBLEHIEF EXECUTIVE TO IMPOSE UNCONSTITUTIONAL ACTS. ALTHOUGH THERE IS LITTLETO THE WRITINGEH CONSTITUTION, THERE HAS BEEN CONSIDERATE QUESTIONING OF ITS SPECIFIC TERRS. THIS CONTROVERSY SHARPENED WHEN THE REFORM COMMISSION FINALLY PRESENTEDRAFT TO THE MILITARY JUNTA AND DETAILS BEGAN TO LEAK OUT. IT IS THIS BASICWITH SOMEWILL BE SUBMITTED TO CHILEAN VOTERS NEXT YEAR. AS YET, THE REGIME HAS REFUSED TOTHE COMPLETE TEXT, BUT SOME COPIES HAVE EVIDENTLY MOVED OUTSIDE THE INNER CIRCLES, AND SKETCHY NEWSPAPER ACCOUNTS HAVE APPEAREDTHE CONTENT OF THE CONSTITUTION^

ALTHOUGH ONLY GENERAL CONCLUSIONS ARE NOW POSSIBLE, THE PINOCHET CONSTITUTION SEEMS TOIXED DOCUMENT. PREPARCD WITH AN EYE TO ITS ACCEPTABILITY BY THE CHILEAN PEOPLE. ITREAT DEAL OF THE CONSTITUTION OF AND IT MAKES SOME UNOBJECTIONABLE REVISIONS OF

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FORMER WEAKNESSES. BUT IT ALSO GOES BEYOND THIS TO NEU CONCEPTS THAT ARE NOT LIKELY TO HEET UNIVERSAL APPROVAL IN CHILE. IT DOES NOT ELIMINATE POLITICAL PARTIES IN FAVOR OF COKPORATIST REPRESENTATION. AND IT DOES NOTFOR THE INDIRECT ELECTION OF THERIGHTUING POSSIBILITIES THAT HAVE BEEN REJECTED. IN THE DEFINITIONAL JUNGLE UHERE THESE TERNS SERVE POLEMICAL PURPOSES. IT UILL CERTAINLY BE LABELED "DEMOCRATIC" ANDOTH INSIDE AND OUTSIDE CHILE.J

AT THE NATIONAL LEVEL, THE NEU CONSTITUTION PROVIDESOVERNMENT OF LIMITED POUERS SEPARATED BETUEEN PRESIDENT. CONGRESS,ONSTITUTIONAL TRIBUNAL* OURTH, SPECIALIZED POUCR ALSONEU INSTITUTION CALLED THE COUNCIL OF NATIONAL SECURITY, COMPOSED Of THE PRESIDENT, SELECTED MILITARY LEADERS, AND THE PRESIDENTS OF THE SENATE, THE SUPREME COURT, AND THE CENTRAL BANK |

YSTEM OF UNIVERSAL SUFFRAGE, THEUHOSE POSITION IS GREATLY STRENGTHENEDIS THE

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TO BE DIRECTLY ELECTEDAJORITY VOTE {MADE NECESSARY BY THE PROVISIONSUNOFF ELEC-TION>INGLE TERM. OF EIGHT YEARS. ICAMERAL LEGISLATURE* THE CHAM8ER OF DEPUTIES HILL NUMBERITH THE PROBABLE BUT STILL-UNDECIDED ABOLITION OF THE OLD PROPORTIONAL REPRESENTATION SYSTEM, EACH DEPUTY BILLINGLE-MEMBER DISTRICT. THE SENATE WILL HAVE IS HEM8ERS,IRECTLY ELECTED NATIONWIDE AND IS APPOINTED BY THE PRESIDENT OR GIVEN AUTOMATIC MEMBERSHIP AS EX-OFFICEHOLDERS OF HIGH RANK. THE THIRD BRANCH OF GOVERNMENT, THE CONSTITUTIONAL TRIBUNAL, HILL HAVE EX-TEMSTVE AND IMPORTANT POWERS INCLUDING DECLARING LAWS UNCONSTITUTIONAL, MEDIATING CONFLICTS BETWEEN THEAND CONGRESS', AND JUDGING WHETHER WORDS OR DEEDS FALL INTO ONE OF THETO BE PROSCRIBED BY THE CONSTITUTION. MOST OF ITSALL LAWYERS, WILL BE APPOINTED BY THE SUPREME COURT, BUT SOME WILL BE NAMED BY THE PRESIDENT AND THE

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SENATE. THE COUNCIL OF NATIONALINDBODY* SEEMS TO HAVE THE POWER TOINDIVIDUAL* GROUP* OR AUTHORITY WHOSEHREAT TO THE SECURITY OF THE

TION.|

OPPOSITION HAY DEVELOP TO SORE OF THESE PROVISIONS* BUT IT CERTAINLY WILL NOT BE FUNDAMENTAL IN NATURE. SURE TO PROVOKE STRONGOWEVER* IS THE NEW CATCHALL PROVISION THAT COULD BE WIDELY USED TO LIMIT SPEECH AND ACTION. EXPLICITLY NOTING THAT IT DIFFERS HERE FROM THE MORE PERMISSIVE CONSTITUTIONS* THE REGIME'S UEU DOCUMENT FORBIDS "ANY ACT BY PERSONS OR GROUPSTO PROPAGATE DOCTRINES AIMED AGAINST THE FAMILY* ADVOCATE VIOLENCEOTALITARIAN CONCEPTION OF SOCIETY OR OF THER IS FOUNDED IN CLASS WAR* OR IS AGAINST THE DIGNITY OR THE RIGHTS THAT EMANATE FROM HUMAN NATURE." SPECIFIC PROHIBITIONS OF BEHAVIOR UNDER THIS PROVISION WOULD FOLLOW DECISIONS Of THE CONSTITUTIONAL

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TRIBUNAL* THIS EXTRAORDINARILY BROAD LANGUAGE SEEMS SURE . ENLARGE THE FOCUS OF THE CONSTITUTIONAL DEBATE. THOSE WHO WROTE THIS PROVISION CERTAINLY INTENDED IT TO PROSCRIBE THE CHILEAN COMMUNIST AND SOCIALIST PARTIES. BUT OPPONENTS CAN REASONABLY ASK WHETHER THE PROVISION COULD NOT BE USED TO BAN OTHER PARTIES AS WELL- ONE ARGUMENT TO BE MADE IS THATROVISION IS SIMPLY NOT WORKABLEJ

FURTHER HOSTILITY TO THE NEW CONSTITUTION WILLBE ENGENDERED BY THE RIGHTS IT GRANTS TO PRIVATE PROPERTY AND TO THE FREE ENTERPRISE SYSTEM AS WELL AS THE LIMITATIONS IT IMPOSES ON THE RIGHTS OF THE PINOCHET REGIME IS flUITE EXPLICIT IN ITS DISDAIN FOR THE ALLEGED STATIST ECONOMIC FAILURES OF THE TWO PREVIOUS ADMINISTRATIONS AND IN ITS CONVICTION THATARKET ECONOMY CANROSPEROUS CHILE. IT OBVIOUSLY INTENDS TOONSTITUTIONAL ADVANTAGE TO ITS PREFERRED ECONOMIC SYSTEM. IN CHILE* WHERE LEFTIST

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PARTIES POLLEDi PERCENT OF THE VOTE INCONGRESSIONAL ELECTION. THERE ARE "ANY PARTISANSOPPOSING

ALTHOUGH THE RIGHT TO FORM UNIONS IS CLEARLY GRANTED. THEY HAY NOT INTERVENE IN POLITICS. AND THE RIGHT TO STRIKE IS PROHIBITED I'l PUBLIC EMPLOYMENT AND IN CERTAIN VITAL INDUSTRIES* IN THE REST OF THE PRIVATE SECTOR. LABOR UNIONS MUST FIRST GO TO COMPULSORY BARGAINING AND ARBITRATION. AND THE RIGHT TO STRIKE DOES NOT SEEM TO BE UNAMBIGUOUSLY GRANTED. THIS STILL SEEMS TOATTER TO BE DECIDEDUPPLEMENTARY LABOR LAU OR BYINTERPRETATION. UMBER OFTHE CONSTITUTION TRIES TO PREVENT THE INFLUENCE OF POLITICAL PARTIES OR OTHER ORGANIZATIONS* ESPECIALLY UNIONS AND PROFESSIONAL GROUPSONSTITUTIONAL CONTROVERSY^

THIS BRIEF SELECTIONEU ELEMENTS OF THETEXT CANNOT ADEQUATELY SUMMARIZE OROM-

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PLEX DOCUMENT. WHAT IS POLITICALLY SIGNIFICANT IS THAT PARTS OF IT HAVE AROUSED CONSIDERABLE NEGATIVE OPINION.

COMPLAINTS ARE BEING VOICED NOT ONLY ABOUT THE

OF THE REGIME'S CONSTITUTION BUT ABOUT THE PLEBISCITARY PROCESS TO RATIFY IT. ROUP OF OPPOSITION EXPERTS, MANY OF THEM CHRISTIAN DEMOCRATS, HAS EVEN BEGUN TOAN ALTERNATIVE CONSTITUTION-^J

TAKING NOTE OF THE CRITICISM, PINOCHET HAS HADETHE REGIME'S DETERMINATION TO STICK TO ITS STATED COURSE. HE POINTED OUT THAT THE PRESENT DRAFT KILL BE EXAMINEDONSULTATIVE BODY, THE COUNCIL OF STATE, FOLLOWING THAT, THEILLINAL ANALYSIS, AND WITH THE TECHNICAL HELP OF THE CONSTITUTIONAL REFORM COMMISSION* IT WILL APPROVE THE FINAL PRODUCT. TO THOSE "WHO ARE WORRIED ABOUT THE COURSE OF THE DRAFTINOCHET SAID THE GOVERNMENT WOULD "WELCOME EVERY IDEA OR SUGGESTION AIMED AT IMPROVINGEVERTHELESS* EVEN IF THE REGIME IS DISPOSED TO BE FAIR

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AND OPEN TO OUTSIDE SUGGESTIONS* IT IS EXTREMELYTHAT IT MILL MATERIALLY CHANGE THE BASICITS

THE REGIME UILLREAT DEAL RIDING ON THE COMING PLEBISCITE. HHEN SPEAKING OF THE TRANSITION STAGES* PINOCHET SEEMED TO ASSUME THAT THE NEUMOULD BE RATIFIED. IF IT IS NOT* IT UOULDREAT SOURCE OF EMBARRASSMENT FOR THE REGIME* DEFEAT OF THE CAREFULLY CONSTRUCTED "SAFE" CONSTITUTION MOULD IMPLY APPROVALORE LIBERAL ONE* IN PINOCHET'S VIEW* THIS COULD ONLY LEAD TO THE ACQUISITION OF POUER BY THE TYPE OF ENEMY THE MILITARY UAS FORCED TO OVERTHROW VOTER REJECTION OF THE REGIME'S CONSTITUTION COULD THUSRISIS FOR THE PINOCHET GOVERNMENT MORE SEVERE THAN ANYTHING IT HAS YET HAD TO FACE*|

AS YET* THERE ARE NO SIGNS THE REGIME SEES ANY GREAT RISK IN PERMITTING THE PLEBISCITE. IT APPARENTLY BELIEVES IT ENJOYS HIGH CIVILIANERCEPTION

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PERHAPS COLORED OY THC SUCCIl ITS 1'LEOIStlTCST JANUARY. THEN,ERCENT VOTED AGAINST THE UN RESOLUTION CONDEMNING THE HUMAN RIGHTS SITUATION IN CHILE* THOUGH THE CHOICE WAS FORCED UPON THE VOTERS. THC ELECTION SEEMS TO HAVE BEEN TOTALLY HONEST. IT UASREAT AND UNEXPECTED VICTORY FOR PINOCHET. VHO SPOKE OF THE VOTE AS "LEGITIMIZING" HIS REGIME. POSITION IN THE FORTHCOMING CONSTITUTIONALUIH NOT BE ASSISTED BY THE NATIONALISTIC BIAS Or IHI EAKLICK VOTE* HOWEVER*EGATIVE OUTCOME IS POSSIKLE-H

EVEN IF THE REGIME WINS THE PLEBISCITE* BUT ONLYMALL MARGIN. PROBLEMS WILL REMAIN. GIVEN ONLY SLIGHT APPROVAL* WHAT KIND OF LEGITIMACY WILL THE CHILEAN PEOPLE ACCORD TO THE NEW CONSTITUTION AND ITS POLITICAL SYSTEMf I

A BIG REGIMEWELL OVER UO PERCENT--WOULD LCAVC PINOCHET WITH THE FEWEST PROBLEMS* ALTHOUGH THE

COUNTRY'S BASIC IDEOLOGICAL SPLIT WOULD STILL REMAIN^

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IN THE VOTING PROCESS THE REGIME MAY ESTIMATE THAT ,JC IT IS GOING TO LOSE* IT MAV THEN CALL OFF THE ELECTION OR TRY TO WIN BY FRAUDULENT MEANS* CITHER ACTION WOULD ALSO CAUSE SERIOUS

DIFFICULTIES *|

AT PRESENT, THERE CAN ONLY BE SPECULATION ON THE OUTCOME OF THE PLEBISCITE. MANYCONTRADI'.MADE ABOUT REGIME SUPPORT, ALLOLID, CURRENT BASIS* THUS, THE VOTC WILL NOT ONLYEVERE TEST FOR THE JUNTA, BUT WILL ALSOREAT DEAL ABOUT THE BASIC ATTITUDES OF THE CHILEAN PEOPLE AFTER FIVE YEARS OF MILITARY RULE

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Original document.