Freedom in the World

Chile

Chile

Freedom in the World 2006

2006 Scores

Status

Free

Freedom Rating
(1 = best, 7 = worst)

1.0

Civil Liberties
(1 = best, 7 = worst)

1

Political Rights
(1 = best, 7 = worst)

1
Overview: 


Former defense and health minister Michelle Bachelet Jeria was favored to win Chile's December 2005 presidential election and become Chile's first woman president. Meanwhile, former dictator Captain General Augusto Pinochet, the leader of a 1973 military coup, was stripped of his legal protections in a case involving more than $13 million in funds he and his family allegedly laundered out of the country.
 
The Republic of Chile was founded after independence from Spain in 1818. Democratic rule predominated in the twentieth century until the 1973 overthrow of President Salvador Allende by the military led by Captain General Augusto Pinochet. An estimated 3,000 people were killed or "disappeared" during his regime. The 1980 constitution provided for a plebiscite in which voters could reject another presidential term for Pinochet. In the 1988 vote, 55 percent of voters said no to eight more years of military rule, and competitive presidential and legislative elections were scheduled for the following year.

In 1989, Christian Democrat Patricio Aylwin, the candidate of the center-left Concertacion (Coalition for Parties of Democracy), was elected president and the Concertacion won a majority in the Chamber of Deputies. However, with eight senators appointed by the outgoing military government, the coalition fell short of a Senate majority. Aylwin's government was unsuccessful in its efforts to reform the constitution and was stymied by a right-wing Senate bloc in its efforts to prevent Pinochet and other military chiefs from remaining at their posts until 1997.

Eduardo Frei, a businessman and the son of a former president, carried his Concertacion candidacy to an easy victory in the December 1993 elections. Frei promised to establish full civilian control over the military, but he found he lacked the votes in Congress, as the 48-seat Senate included a senator-for-life position for Pinochet and 9 designated senators mandated by the 1980 constitution. Frei was also forced to retreat on his call for full accountability for rights violations that had occurred under military rule.

The October 1998 detention of Pinochet in London as the result of an extradition order from Spain, where he was wanted for alleged rights crimes against Spanish citizens living in Chile, was viewed as a reaffirmation of the rule of law, even though it was the result of foreign intervention.

In the December 1999 presidential election, Ricardo Lagos, a moderate socialist, faced right-wing Alliance for Chile candidate Joaquin Lavin, the mayor of a Santiago suburb and a former advisor to Pinochet, winning 47.96 percent to Lavin's 47.52 percent; Lagos won the January 16, 2000, runoff vote. Although Lago's Concertacion coalition had 70 seats to the opposition's 50 in the lower house, it held just 20 seats in the Senate to 18 held by the opposition. A bloc of 11 others were either senators-for-life or had been designated under Pinochet's rules. Lagos's strong early performance appeared, by late 2000, to be threatened by soaring unemployment, price increases, and charges of government corruption.

In December 2000, a judge indicted Pinochet on homicide and kidnapping charges, in a year that saw the judiciary rule that allegations of crimes against humanity, including torture, kidnapping, and genocide, fell within its purview and were not subject to amnesty decrees. In July 2001, an appeals court in Santiago dropped the charges against Pinochet after it found that he suffered from dementia. In the December 2001 legislative elections, Pinochet supporters made big gains, although they failed to win control of Congress from the governing center-left coalition.

Political corruption scandals dominated the headlines in 2003 in Chile, a country viewed as a regional leader in clean government and transparency. Incidents of influence peddling, insider trading, and kickbacks resulted in the head of the central bank and two cabinet members-one a presidential confidant-leaving their jobs. Dozens of lower-ranking officials and several members of Congress from the ruling coalition were indicted. In response to the corruption scandals, Lagos forged a working alliance with the opposition's strongest party, the Independent Democratic Union (UDI), to push for reforms to eliminate what he said were the causes of the high-profile cases.

In July 2003, the Supreme Court ruled that Pinochet was unfit to undergo trial in the infamous "Caravan of Death" case involving the murder of 57 political prisoners following the 1973 coup. A week later, Pinochet resigned his honorary lifetime seat in the Senate.

In the October 31, 2004, municipal elections, the Concertacion coalition secured 45 percent of the vote, compared with the Alliance for Chile coalition, which captured 39 percent. More than a referendum on Lagos's government, the results of the elections were seen by many observers as an indication of the chances of the country's right wing to return to power in the December 2005 presidential contest after 15 years in the opposition. Although Concertacion has won a majority of votes in every municipal, congressional, and presidential election since the 1988 plebiscite, Alliance has gained increasing support, especially after divorcing itself from Pinochet and his regime's legacy of massive rights abuses. Lagos's continued popularity in 2004 was due largely to his deft handling of Chile's civil-military divide and the fact that the country continued to enjoy the longest period of economic growth in its history, the result in part of the state's involvement in the free-market economy.

The 89-year-old Pinochet found he had to fight a judicial rearguard action following the July 2004 revelations by a U.S. congressional committee that the former dictator had up to $8 million in personal funds stashed in secret accounts in the Riggs Bank of Washington, D.C. The very fact of the accounts' existence appeared to finally cause Chilean conservatives-and even the head of the Chilean army-to distance themselves from Pinochet. His legal situation also worsened in August, when the Supreme Court ruled that Pinochet was not immune from prosecution for his role in mass murders carried out by Operation Condor, a secret framework for mutual cooperation against dissidents between six South American military dictatorships in the 1970s.

In June 2005, a court stripped Pinochet of his legal protections in a case involving more than $13 million in funds he and his family allegedly laundered out of the country. While Pinochet assumed "all responsibility" for the secret accounts, which by mid-2005 were revealed to total some $31 million, retired military figures called on Pinochet to take responsibility for human rights crimes for which dozens of his subordinates are currently imprisoned or facing prosecution.

The December 11, 2005, presidential campaign offered the ruling coalition an opportunity to showcase its economic stewardship, symbolized by massive public works projects sprouting up around the country. The government's claims were buttressed in September, when the World Economic Forum ranked Chile 23rd among world nations in economic competitiveness, far ahead of its nearest Latin American rival, Uruguay, at 54. The electoral standard-bearer of the moderate Socialist Party coalition headed by President Lagos, his former health and defense minister Michelle Bachelet Jeria, appeared to benefit from her association with a government that has presided over one of Latin America's most impressive economic booms, including several mammoth public works projects.

Although poised to be the first woman to be elected president of a major Latin American country, Bachelet-the daughter of a Chilean general who died in prison as a result of the torture he received for his opposition to a 1973 military coup-has never served in elected office. Both of her top challengers, Lavin and Sebastian Pinera, a businessman and former senator, are political veterans. All three main candidates appeared to hug the middle of the road, promising economic stability, more jobs, better education, and greater equality of opportunity, together with pension reform. By late November, Bachelet's narrowing poll numbers suggested that she might be forced into a runoff.

Political Rights and Civil Liberties: 


Citizens of Chile can change their government democratically. The 1999, 2000, and 2001 elections were considered free and fair, although low registration rates among young voters are a cause for concern. In 2004, a report from the Chilean Youth Institute said that the registry of young Chileans in the country's electoral rolls dropped by 50 percent between 1997 and 2003. A presidential candidate is required by law to win a majority of 50 percent plus one to avoid a runoff contest.

In 2005, the Senate finally passed reforms that repealed the last vestiges of Pinochet's legacy, moving to abolish authoritarian curbs on the legislative branch and agreeing to restore the president's right to remove the commanders-in-chief of the country's armed services. The reform package included the abolition of the Senate's nine appointed seats, which included four representatives of the armed forces as well as lifetime positions for former presidents. It also reduced the presidential term of office from six years to four. The bicameral National Congress consists of the Senate whose members serve eight-year terms (one-half elected every four years), and the 120-seat Chamber of Deputies, whose members serve four-year terms.

One reform proposed by the Senate in 2005 was left unapproved-that which gives the political party placing second in the balloting disproportionately large representation at the expensive of smaller parties. Major parties and political groupings in Chile include the Alliance for Chile (APC; including National Renewal and Independent Democratic Union or UDI); Coalition of Parties for Democracy (CPD; including Christian Democratic Party, the Socialist Party, the Party for Democracy or PPD, and the Radical Social Democratic Party); and the Communist Party.

In response to public outcry over the political corruption scandals, Congress passed laws in 2003 to prevent political patronage in high-level civil service jobs, increase government workers' salaries to reduce their susceptibility to bribes, create public funding for political campaigns, and require the names of private campaign contributors to be listed publicly. In Transparency International's 2005 Corruption Perceptions Index, Chile was listed as Latin America's most transparent country, ranking 21 out of a total of 159 countries worldwide.

The Chilean media generally operate without constraint. A political consensus exists in Chile to amend some current statutes, striking down such crimes contained in the Criminal Code as insulting public officials. These remain on the books as the result of a protracted legislative process. Chile has no law guaranteeing access to public information. There were no government restrictions on the internet.

The constitution provides for freedom of religion, and the government generally respects this right in practice. The government does not restrict academic freedom.

The right to assemble peacefully is largely respected, although police occasionally use force against demonstrators. The constitution guarantees the right of association, which the government has also generally respected. Workers may form unions without prior authorization as well as join existing unions. Approximately 12 percent of Chile's 5.7 million workers belong to unions. In October, a violent government crackdown on dock workers-in which navy troops attacked picketing union members-led to the temporary closure of nine Chilean ports.

The constitution provides for an independent judiciary, and the government generally respects this provision in practice. Most sitting judges come from the career judiciary, and all judges are appointed for life. The constitution provides for the right to legal counsel, but indigent defendants, who account for the majority of the cases in the Santiago region, have not always received effective legal representation.

Chile has two national police forces: a uniformed force, the Carabineros, one of Latin America's best law enforcement institutions with a history of popular support and respect; and a smaller, plainclothes investigations force. However, in recent years, the Carabineros have been the subject of complaints about the inadequate number of uniformed police patrolling the streets and allegations of increasing nar-cotics-related corruption. Continued problems exist, notably the use of excessive force against demonstrators, police brutality, and the lack of due process rights for detainees. Prisons are overcrowded and antiquated, with facilities nationally running at about 163 percent of capacity.

In 1990, the Truth and Reconciliation Commission was formed to investigate rights violations committed under military rule. Its report implicated the military and secret police leadership in the death or forcible disappearance of 2,279 people between September 1973 and March 1990. Chilean courts have recently convicted several former military officers of heinous crimes, ruling that a 1978 amnesty decree set down by the Pinochet government was inapplicable to cases of enforced disappearance, which, they have held, is an ongoing crime.

The army, the military branch most implicated in rights crimes, has extended limited cooperation to judicial investigations. In mid-2003, President Ricardo Lagos announced a series of measures relating to the criminal prosecution of former members of the military-including transfer of human rights cases currently under review in military tribunals to the jurisdiction of the civilian court system-and to reparations for victims of past rights crimes and their relatives. In 2005, some 300 military men were on trial for torture, kidnapping, and the forced disappearance of leftists and other dissidents, with several dozen already serving prison sentences for abuses committed during the military regime. In 2005, Lagos announced the construction of a new penitentiary to house convicted retired generals.

Native American groups in the country's southern region are increasingly vocal about their rights to ancestral lands that the government and private industry seek to develop. The 2002 census recorded approximately 692,000 people who identified themselves as of indigenous origin, or 4.6 percent of Chile's total population. The Mapuches, from the south, accounted for approximately 85 percent of this number. There were also small populations of Aymara, Atacameno, Rapa Nui, and Kawaskhar in other parts of the country. Upon taking office, Lagos began to make good on a campaign promise that the "Indian question" would receive priority attention. In October 2003, Lagos proposed constitutional recognition for the country's indigenous peoples. In September 2005, an independent Mapuche candidate Aucan Huilcaman, leader of the indigenous organization, All Lands Council, registered his candidacy for the presidency, but it was quickly rejected by the Electoral Commission due to his failure to obtain the minimum number of signatures required by law for independent candidates.

Violence and discrimination against women and violence against children remain problems. In 2004, Congress passed a law that legalized divorce; Chile had been one of only a handful of countries in the world, and the only one in the Americas, to prohibit divorce. In 2000, Lagos appointed 5 women to his 16-person cabinet. One, Defense Minister Michelle Bachelet Jeria, resigned in 2004 to prepare for her presidential bid.