CHILE: FREI RUNS TO REFORM THE CONSTITUTION

UNCLAS SANTIAGO 000270 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