Reform
A Stable Democracy
During President Lagos’ administration, democratic institutions have strengthened and relations with the Armed Forces have normalized. In addition, there has been a consolidation of public respect for, and trust in, the judicial system which is investigating the numerous violations of human rights committed after the 1973 military coup.
In October 2004, the government and the opposition reached agreement on reforming the 1980 constitution, a legacy of the military regime. The main changes include the elimination of non-elected senate seats, the reinstatement of the President’s authority to dismiss the commanders-in-chief of the Armed Forces, and the reduction of the presidential term of office to four years. The first step of approval of these reforms was done while President Lagos was in Canberra, in his State Visit to Australia. The second and final approval took place on August 16, 2005, by almost unanimity.
Never Again
As regards human rights, the policy of the Concertación (coalition) administrations has been based on three principles: truth, justice, and redress. Progress along this path has been marked by three milestones.
The first, which took place under President Patricio Aylwin, was the creation of the National Commission on Truth and Reconciliation. This commission was set up under law in April 1990, on the grounds that ‘the moral conscience of the nation requires clarification of the truth about grave violations of human rights committed between September 11, 1973 and March 11, 1990 ’.
Based on the Commission’s recommendations, the task of redress was undertaken by the State. Close relatives of victims were awarded pensions, educational grants for children under 35, and free health care in the public health system. Compensation was also awarded to persons exiled or dismissed from their employment solely for thinking differently.
The second milestone was the Mesa de Diálogo (Roundtable Dialogue), created in 1999, in order to gather information about the fate of those who disappeared while under arrest during the military government. Representatives of the Armed Forces and of victims, human rights lawyers, academics, and historians, together with representatives of various churches composed the panel.
Based on the report of the Mesa, delivered in June 2003, and upon request from the Ministry of the Interior, the Supreme Court assigned 9 full-time and 54 part-time judges specifically to investigate cases of disappearances, which had been before the courts for years but without result. In less than two years, around 400 cases were opened or reopened as a result of this measure.
The third milestone was marked by President Ricardo Lagos on August 12, 2003, when he submitted to the nation his Human Rights Proposal, entitled “No hay mañana sin ayer” (There is no tomorrow without yesterday). This initiative includes an increase of 50% in the pensions of victims relatives, a number of legal measures to allow the courts to gather information and reduce sentences, or offer immunity in exchange for new information about the fate of the disappeared, and compensation for victims of torture.
A National Institute of Human Rights and Civil Liberties is to be established, education in human rights and civil liberty will be encouraged, and the government will seek Chile ’s ratification of international human rights treaties.