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
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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
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
August 2024
Chile Supreme Court suspends Supreme Court Justice amid corruption scandal
Chile’s Supreme Court has initiated an investigation into one of its members, Justice Ángela Vivanco, and has suspended her from her duties. This action follows the recent leak to local media of WhatsApp chats that link her to an ongoing corruption scandal known as the “Audios Case.” The leaked communications reveal interactions between Vivanco and Luis Hermosilla, a prominent lawyer at the centre of the scandal, who is currently facing charges including money laundering, bribery of public officials, and tax fraud. The chats allegedly reveal that Vivanco sought assistance for her appointment to the Court, attempted to influence judicial nominations, and shared sensitive case information. Vivanco has 20 days to respond to these allegations. The “Audios Case,” which has already implicated various public figures and notably affected the judicial branch, raises significant concerns about corruption and transparency in Chile's judicial appointment processes, according to legal experts. In addition to the Supreme Court's investigation, constitutional charges have been brought against Vivanco in parliament, which could lead to her removal.
Sources: El Pais, Ciper Chile, CNN, La Tercera
July 2024
Government ramps up measures to address security situation
President Gabriel Boric has announced new measures to address insecurity, following a surge in violent crime, including a rise in firearm-related homicides, and an increase in organized crime activity. Only in July, 16 homicides were reported, adding to recent crime waves. The government’s measures include pushing for an immediate congressional debate on two legislative projects that have been stalled in Congress for some years and seek to combat organized crime: one on economic intelligence that aims to improve the traceability of illicit money and another to strengthen and modernize the state’s intelligence system. Other measures include the construction of a high-security prison, the increase in the capacity of the country’s current maximum-security prison and the creation of a special task force on security in Santiago. However, these steps have been criticized as insufficient and long overdue by members of the opposition and by some members of the ruling coalition.
Sources: Bio Bio Chile, El Pais, La Tercera (1), La Tercera (2), Gobierno de Chile
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