CHILE: FREI RUNS TO REFORM THE CONSTITUTION

UNCLAS SANTIAGO 000269

STATE FOR WHA/BSC

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV CI

SUBJECT: CHILE: FREI RUNS TO REFORM THE CONSTITUTION


1. (SBU) SUMMARY: Presidential candidate Eduardo Frei (DC) has
announced an ambitious proposal to overhaul the 1980 constitution
and cultivate a new "constitutional patriotism" in Chile. The
proposed "Bicentennial Constitution" offers specific recommendations
designed to re-energize politics, decentralize the government, and
increase citizen identification with the constitution. Frei's
proposal will likely be the centerpiece of his campaign as he seeks
to present himself as an agent of change capable of reforming the
Pinochet-era constitution. END SUMMARY.


2. (U) Frei advisor and University of Chile law professor Pablo
Ruiz-Tagle discussed presidential candidate Eduardo Frei's proposed
"Bicentennial Constitution" at the Center for Public Studies, on
March 10, before an audience of more than 200 guests, most of whom
were under the age of 25. Emboffs attended the presentation, which
continued a series of public dialogues initiated by Frei in 2003, to
raise awareness about the need for constitutional reform.

PRIDE: IN THE NAME OF CHILE'S CONSTITUTION
--------------


3. (U) Ruiz-Tagle explained that the purpose of Frei's proposal is
to cultivate "constitutional patriotism." He noted that Chileans do
not identify with the current constitution, which was established in
1980 under the Pinochet government and modified in 1989 and 2005.
Ruiz-Tagle characterized Chile's current political climate as of one
of fatigue, increased opportunism, and decreased appreciation for
public service. Moreover, he cited the inefficiency of centralized
government and the concentration of presidential power as
fundamental problems in the current constitution.


4. (U) Ruiz-Tagle argued that these problems could be reversed by
starting a national conversation about constitutional reforms. He
emphasized that the proposal, which identifies specific
recommendations for 12 areas of reform, is entirely open for debate.
He implied that the key for Chile is to acknowledge the need for
constitutional reform. Frei's proposal offers a logical starting
point as it is the product of a series of dialogues that began in
2003 with a wide-range of elected officials, constitutional lawyers,
and members of civil society.

A SECOND TERM AND A CONSTITUTIONAL DREAM
--------------


5. (U) The Bicentennial Constitution, named to coincide with the
approaching anniversary of Chile's founding in 1810, will likely be
a central plank in Frei's campaign platform. Ruiz-Tagle placed the
proposal in the context of Frei's proven leadership. He highlighted
Frei's past presidential accomplishments, noting the successful
reform of the penal code and the justice system, which were "bigger
projects than Transantiago." [Note: Transantiago is the highly
criticized metropolitan transit system implemented in 2007.End
note.] Ruiz-Tagle indicated that Frei does not view the
constitutional reform process as replacing the Pinochet
constitution; rather, he "imagines a dream" where constitutional
reforms are discussed and ratified by all Chileans. Ruiz-Tagle
cautioned that the financial crisis should not be used as an excuse
to dismiss the reform process.


7. (U) Frei's proposal is significant because it identifies
constitutional reform as the key to solving Chile's other problems,
from inequality to economic development to crime. Ruiz-Tagle
underscored the need to engage the entire country in the reform
process, and he told Emboffs that Frei and his advisors have
conducted dozens of outreach events with a variety of groups to
foster dialogue.

RELAX GOVERNMENT, EMPOWER THE REGIONS, INVOVLE CITIZENS
-------------- --------------


8. (U) Frei's Bicentennial Constitution offers specific
recommendations for 12 areas of reform. Key elements of the
proposal include:

-- New Equilibrium Between the President and the Congress:
suggestions include extending the presidential term to 5 or 6 years;
allowing sitting deputies and senators to hold cabinet positions;
and granting the President the power to dissolve Congress.

-- Citizen Participation: suggestions include obligatory primaries
for all popular election positions; abolishing the rule that
prevents labor leaders from holding positions in political parties;
and a permanent process of accounting by cabinet members to
Congress.

-- Decentralization and Strengthening of Regional and Local
Government: suggestions include direct election of regional
authorities and the transfer of budgetary control to the regional
level; establishing a "SuperMayor" position in metropolitan regions;
and the creation of tax and other incentives to get businesses to
relocate outside of Santiago. [Note: Current regional authorities
are appointed by the President as regional representatives of the
Executive. Large cities are divided into communes, each with their
own mayor. End note.]

-- Voting Reform: suggestions include voluntary voting, automatic
inscription, and overseas voting; eliminating the binomial system
used in congressional elections; and automatic representation in
Congress for parties or groups that receive over 5% of votes.

-- New Concept of Fundamental Rights: suggestions include enshrining
citizen health rights and declaring extreme poverty a violation of
human rights.

-- Citizen Security: suggestions include creating a new Ministry of
Security and Coordinator of Social Policy; combining the Ministry of
Interior with the Secretary General of the Presidency into one
Political Ministry; and replacing the concept of "national security"
from Article 1 of the Constitution with the concepts of external and
internal security.


7. (U) Ruiz-Tagle noted that many of these ideas have been presented
in Congress since the return to democracy, but for one or other
political reasons did not prosper. He argued that a comprehensive
proposal would allow Chileans to create a constitution that reflects
the needs and aspirations of all Chileans.


8. (SBU) COMMENT: Frei's sweeping proposal provides insight into a
possible campaign strategy -- jumping on the change bandwagon like
his rival Sebastian Pinera and revamping the Pinochet constitution.
It is unclear if his call for constitutional reform will resonate in
the primary or the general election. The packed audience of mostly
young guests, in a country suffering from political apathy among the
youth, indicates at least a small part of Santiago is interested.
END COMMENT.
URBAN