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RUEHLP/AMEMBASSY LA PAZ MAR LIMA 6083
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UNCLAS SANTIAGO 000270 
 
STATE FOR WHA/BSC 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV CI
 
SUBJECT: CHILE: FREI RUNS TO REFORM THE CONSTITUTION 
 
¶1. (SBU) SUMMARY: Presidential candidate Eduardo Frei (DC) has 
announced an ambitious proposal to overhaul the 1980 constitution 
and cultivate a new "constitutional patriotism" in Chile.  The 
proposed "Bicentennial Constitution" offers specific recommendations 
designed to re-energize politics, decentralize the government, and 
increase citizen identification with the constitution.  Frei's 
proposal will likely be the centerpiece of his campaign as he seeks 
to present himself as an agent of change capable of reforming the 
Pinochet-era constitution. END SUMMARY. 
 
¶2. (U) Frei advisor and University of Chile law professor Pablo 
Ruiz-Tagle discussed presidential candidate Eduardo Frei's proposed 
"Bicentennial Constitution" at the Center for Public Studies, on 
March 10, before an audience of more than 200 guests, most of whom 
were under the age of 25.  Emboffs attended the presentation, which 
continued a series of public dialogues initiated by Frei in 2003, to 
raise awareness about the need for constitutional reform. 
 
PRIDE: IN THE NAME OF CHILE'S CONSTITUTION 
---------------------------------------- 
 
¶3. (U) Ruiz-Tagle explained that the purpose of Frei's proposal is 
to cultivate "constitutional patriotism."  He noted that Chileans do 
not identify with the current constitution, which was established in 
1980 under the Pinochet government and modified in 1989 and 2005. 
Ruiz-Tagle characterized Chile's current political climate as of one 
of fatigue, increased opportunism, and decreased appreciation for 
public service.  Moreover, he cited the inefficiency of centralized 
government and the concentration of presidential power as 
fundamental problems in the current constitution. 
 
¶4. (U) Ruiz-Tagle argued that these problems could be reversed by 
starting a national conversation about constitutional reforms.  He 
emphasized that the proposal, which identifies specific 
recommendations for 12 areas of reform, is entirely open for debate. 
 He implied that the key for Chile is to acknowledge the need for 
constitutional reform.  Frei's proposal offers a logical starting 
point as it is the product of a series of dialogues that began in 
2003 with a wide-range of elected officials, constitutional lawyers, 
and members of civil society. 
 
A SECOND TERM AND A CONSTITUTIONAL DREAM 
-------------------------------------- 
 
¶5. (U) The Bicentennial Constitution, named to coincide with the 
approaching anniversary of Chile's founding in 1810, will likely be 
a central plank in Frei's campaign platform.  Ruiz-Tagle placed the 
proposal in the context of Frei's proven leadership.  He highlighted 
Frei's past presidential accomplishments, noting the successful 
reform of the penal code and the justice system, which were "bigger 
projects than Transantiago." [Note: Transantiago is the highly 
criticized metropolitan transit system implemented in 2007.End 
note.]  Ruiz-Tagle indicated that Frei does not view the 
constitutional reform process as replacing the Pinochet 
constitution; rather, he "imagines a dream" where constitutional 
reforms are discussed and ratified by all Chileans.  Ruiz-Tagle 
cautioned that the financial crisis should not be used as an excuse 
to dismiss the reform process. 
 
¶7. (U) Frei's proposal is significant because it identifies 
constitutional reform as the key to solving Chile's other problems, 
from inequality to economic development to crime.  Ruiz-Tagle 
underscored the need to engage the entire country in the reform 
process, and he told Emboffs that Frei and his advisors have 
conducted dozens of outreach events with a variety of groups to 
foster dialogue. 
 
RELAX GOVERNMENT, EMPOWER THE REGIONS, INVOVLE CITIZENS 
--------------------------------------------- ------- 
 
¶8. (U) Frei's Bicentennial Constitution offers specific 
recommendations for 12 areas of reform.  Key elements of the 
proposal include: 
 
-- New Equilibrium Between the President and the Congress: 
suggestions include extending the presidential term to 5 or 6 years; 
allowing sitting deputies and senators to hold cabinet positions; 
and granting the President the power to dissolve Congress. 
 
-- Citizen Participation: suggestions include obligatory primaries 
for all popular election positions; abolishing the rule that 
prevents labor leaders from holding positions in political parties; 
and a permanent process of accounting by cabinet members to 
Congress. 
 
-- Decentralization and Strengthening of Regional and Local 
Government: suggestions include direct election of regional 
authorities and the transfer of budgetary control to the regional 
level; establishing a "SuperMayor" position in metropolitan regions; 
and the creation of tax and other incentives to get businesses to 
relocate outside of Santiago.  [Note: Current regional authorities 
are appointed by the President as regional representatives of the 
Executive.  Large cities are divided into communes, each with their 
own mayor. End note.] 
 
-- Voting Reform: suggestions include voluntary voting, automatic 
inscription, and overseas voting; eliminating the binomial system 
used in congressional elections; and automatic representation in 
Congress for parties or groups that receive over 5% of votes. 
 
-- New Concept of Fundamental Rights: suggestions include enshrining 
citizen health rights and declaring extreme poverty a violation of 
human rights. 
 
-- Citizen Security: suggestions include creating a new Ministry of 
Security and Coordinator of Social Policy; combining the Ministry of 
Interior with the Secretary General of the Presidency into one 
Political Ministry; and replacing the concept of "national security" 
from Article 1 of the Constitution with the concepts of external and 
internal security. 
 
¶7. (U) Ruiz-Tagle noted that many of these ideas have been presented 
in Congress since the return to democracy, but for one or other 
political reasons did not prosper.  He argued that a comprehensive 
proposal would allow Chileans to create a constitution that reflects 
the needs and aspirations of all Chileans. 
 
¶8. (SBU) COMMENT:  Frei's sweeping proposal provides insight into a 
possible campaign strategy -- jumping on the change bandwagon like 
his rival Sebastian Pinera and revamping the Pinochet constitution. 
It is unclear if his call for constitutional reform will resonate in 
the primary or the general election.  The packed audience of mostly 
young guests, in a country suffering from political apathy among the 
youth, indicates at least a small part of Santiago is interested. 
END COMMENT. 
URBAN