Chile
Chile performs in the high range across the Representation, Rights and Rule of Law categories of the Global State of Democracy (GSoD) framework, and it performs in the mid-range in Participation. It is among the top 25 per cent of countries in the world with regard to most factors. Compared to 2018, there have been advances in Judicial Independence, Gender Equality and Access to Justice as well as declines in Economic Equality. Chile is home to a high-income economy that is dependent on agriculture, fishing, forest and mining resources.
During the 19th and early 20th centuries, Chile was a relatively stable democracy. In 1973, however, General Augusto Pinochet unseated elected President Salvador Allende in a military coup. The coup ushered in a 17-year military dictatorship marked by widespread human rights abuses, including enforced disappearances, torture, extrajudicial killings and a significant rise in inequality. Since the end of the military dictatorship in 1990, Chile has been a multiparty democracy with regular elections and a stable political system. At the same time, it has struggled with some of the highest rates of income inequality in the world. Recently, there have been some efforts to bring justice to the victims of crimes committed during the dictatorship and their families.
Chile’s population includes those of European descent and mestizo groups, with around ten per cent of the population being of indigenous descent. This group is particularly affected by inequality in the country, experiencing higher poverty rates and historical challenges in obtaining political recognition and land rights. Gender equality is also a challenge. While 35.5 percent of parliamentary seats are held by women, gender-based violence and women’s economic inequality persist.
Chile’s current political environment has been dominated by recent attempts to reform the Pinochet-era constitution. This process started with the 2019 Estallido Social protests, largely fueled by concerns over inequality, social justice, and the high cost of living. The protests were often met with police violence and serious human rights violations were reported. In response to the unrest, a Constituent Assembly worked over four years to revise the constitution, but two drafts were rejected in plebiscites. Though initially widely lauded for its inclusiveness, the first Constituent Assembly was later criticized for what some perceived as an inadequate drafting process. The first draft was rejected by voters who felt it was too progressive . A second draft was more conservative, but it was rejected for going too far and failing to address the demands that had initiated the process in the first place. With the process on hold for now, the government is focused on trying to pass a reform package aimed at implementing structural social reforms related to the pension, tax, health, and educational systems. However, it has faced significant opposition in Congress from right-wing parties. Additionally, addressing the security crisis linked to a rise in organized crime activity remains a priority.
Looking ahead, it will be important to monitor Civil Liberties, especially as the government continues to struggle with an increase in violent crime. With constitutional reform currently paused, it remains to be seen if leaders can address the demands that emerged in 2019 and whether the social reforms planned by the government will be approved. Additionally, the pursuit of justice for victims of the dictatorship should be monitored for possible impacts on Participation and Rights.
Last Updated: July 2024
https://www.idea.int/democracytracker/
December 2024
Government discusses plan to regularise thousands of migrants
Chilean authorities have announced that the government is considering a plan to regularize the status of undocumented migrants. If implemented, the plan could benefit over 180,000 migrants who completed a registration process, including biometric data collection, that started in 2023. Applicants would also need to prove family or work ties to Chile. Undersecretary of the Interior Luis Cordero stated the plan is motivated by economic and security concerns, stating that irregular migrants are more vulnerable to exploitation by criminal organizations. Additionally, there is a need for these individuals to formally enter the workforce and access basic benefits. The announcement has faced criticism from conservative politicians, some of whom accuse the government of promoting and rewarding undocumented immigrants. Most potential beneficiaries are reportedly of Venezuelan nationality and between the ages of 25 and 30. The government has yet to clarify how the measure would be implemented or whether it would require legislative approval.
Sources: Bio Bio Chile, Emol tv, Infobae, Swiss Info
November 2024
Modifications to migration law are approved by lower chamber
On 26 November, the lower chamber of the legislature approved changes to over 56 articles of Law 21.325 on Migration. These revisions include new conditions for acquiring naturalization and revocation of residence permits for foreign nationals. Crimes such as domestic violence, sexual exploitation, and the illegal use of firearms have been added as grounds for expulsion. If enacted, the law would also allow revoking residence permits of individuals with repeated offenses related to “harmonious coexistence” like street vending, altercations, or disturbing noises. Additionally, the requirements for naturalization would now include a longer residence period and passing an exam. The modifications have broad political support, but were criticized by migrant organizations and experts who argue that they could promote discriminatory practices, stigmatize migrants, and increase their vulnerability. The modifications will now be discussed in the upper chamber.
Sources: La Tercera, Radio universidad Chile, Interferencia, Cámara de Diputadas y Diputados Chile, Emol
October 2024
Two Supreme Court Justices dismissed in connection to corruption accusations
Corruption accusations have shaken Chile's Supreme Court, leading to the dismissal of two jJustices. On 8 October, the Supreme Court unanimously voted to dismiss Justice Ángela Vivanco for misconduct, citing lapses in the independence, transparency, and integrity of her role. Days later, Congress voted to remove Vivanco and ban her from public office for five years. Her dismissal is linked to the "Audios Case," where leaked WhatsApp chats allegedly showed her seeking help for her appointment, influencing judicial nominations, and sharing sensitive information with lawyer Luis Hermosilla.
On 16 October, Congress voted to remove Justice Sergio Muñoz, banning him for five years over corruption charges unrelated to the “Audios Case” and involving influence peddling. Lastly, the lower chamber rejected the impeachment of Justice Jean Pierre Matus, also linked to the Audios Case. The government has committed to reforms to the judicial appointment process and conflict of interest regulations.
Sources: Biobio Chile, Die Welle, El Pais (1), El Pais (2), International IDEA
September 2024
Landmark ruling against sentence reductions from dictatorship crimes
The Inter-American Court of Human Rights (IACtHR) determined that Chile is at fault for reducing the sentences of perpetrators of crimes against humanity committed during its last dictatorship (1973-1990). In the case of Vega González and others, the IACtHR examined the Supreme Court’s use, between 2007 and 2010, of a procedural measure known as “gradual prescription” (“media prescripción”) in the consideration of cassation appeals. The measure resulted in the reduction of sentences and early release of several of those convicted. The IACtHR ruled that Chile failed to meet its obligations to investigate and sanction crimes against humanity, violating the rights of victims and their families. The Court ordered that Chile review and/or annul the sentence reductions. Additionally, the ruling calls for comprehensive reparations for the victims, including a public acknowledgment of international responsibility by Chile, and the modification of its legal framework as a guarantee of non-repetition.
Sources: Inter-American Court of Human Rights, Pagina 12, Radio Chile, Biobio Chile
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