Frei looks to right for support on constitutional reforms

CHILE'S Senate Constitution, Legislation and Justice Committee has voted in favour of bringing the "possibility" of constitutional…

CHILE'S Senate Constitution, Legislation and Justice Committee has voted in favour of bringing the "possibility" of constitutional reform legislation before the full Senate chamber.

As in the votes on the compromise human rights bill the proposed reforms were approved with the votes of two government senators, Mr Zaldivar and Mr Sule, and Senator Otero from the opposition right-wing party Renovacion NacionaI (RN).

Opposing the reforms were Senator Larrain from the main opposition party, UDI, and a designated senator, Mr Sergio Fernandez.

President Eduardo Frei, the Christian Democrat leader of the Concertacion government, had recently initiated a dialogue with RN, former supporters of Gen Augusto Pinochet's dictatorship in an effort to break the stalemate which has existed in Chilean politics since 1990.

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Lacking a majority in the Senate and with only a scant hold over the lower house the government is unable to pass the constitutional reforms it wants without a compromise with the right. The present constitution imposed on the Chilean people in 1980 by Gen Pinochet, still commander-in-chief of the army, has allowed the opposition parties to dictate the pace of legislation.

Following the committee's vote President Frei urged Congress to ratify his proposed reforms and human rights legislation in an effort to "reconcile a nation still divided by the 17-year military dictatorship of Gen Pinochct."

Mr Frei's socialist partners in government, who were excluded from the discussions with RN, reacted with predictable anger at what they saw as a compromise of human rights to the interests of constitutional reform.

The proposed human rights legislation relates to 542 judicial cases still pending for persons arrested by the security forces and who "disappeared" between September 11th, 1973, and March 1978, the period covered by Gen Pinochet's Amnesty Law which precludes investigation into any crimes committed by the Chilean forces.

The new bill, if approved, would allow the Supreme Court the authority to appoint civilian judges to investigate these cases. Under the bill, those known to be implicated in human rights violations may have to appear before the courts, but would not be arrested or tried. Court appearances would be held in camera. All written details would then be destroyed.

Mr Camilo Excalona, the Socialist Party president supported the statement from Mr Alejandro Foxley, president of the powerful government Christian Democrats, that recent rifts among their parties could prevent them choosing a single candidate for the 1999 presidential elections.

Ms Sola Sierra, president of the association of Relatives of the Disappeared, said that the "government has never listened to the relatives, but it gives deference to the military, including impunity."

President Frei is willing to risk a rift within the Concertacion government, for the ultimate prize of constitutional reform. The six constitutional reforms under consideration would reduce the influence of Chile's military in the Constitutional Tribunal and the National Security Council.

The reforms would also eliminate the Pinochet-designated senators, create ethical standards for public authorities and enhance congressional power in matters relating to the budget and international treaties.

The RN has also split on the constitutional reform issue. Moderates led by the RN president, Mr Andres Allamand, support the compromise reforms while party hard-liners with closer ties to the military are highly critical.

Mr Fernando Matthei, former air force commander-in-chief and senior member of Gen Pinochet's junta, called on members of Congress to oppose the reforms. In a public statement he said the proposed reforms were "dangerous and would alter the country's institutional balance".

A former navy head and junta member, Mr Jose Toribio, was also highly critical. He defended Chile's eight designated senators, saying they were necessary to curb the power of the president.

President Frei questioned the allegiance of the right to the military regime of Gen Pinochet and complained: "We [the government] do not have to deal with powers hidden in the shadows. Democracy is here to stay and it makes no sense to retain enclaves from other circumstances that are incompatible with the normal game of majority and minority politics".

President Frei counted on the votes promised to him by Senator Allamand, leader of the opposition RN party, but seven far-right members did not support their leader, and the proposed legislative reforms failed to reach the necessary quorum of 31.

The vote was the decisive culmination of months of political contention that stressed alliances on both sides of the house as well as democracy itself. The Interior Minister expressed the frustrations of the government when he commented: "Eight senators appointed by the military regime of Gen Pinochet have managed to impose their will over the majority oft he 14 million Chileans who supported these constitutional reforms."