MercoPress. South Atlantic News Agency

Chile finally has a democratic constitution

Chilean President Ricardo Lagos signed on Saturday the country's new constitution with sweeping reforms which eliminates the “authoritarian legacy” from the previous text drafted and imposed on Chile in 1980 by then dictator Augusto Pinochet.

"This is a significant moment for all Chileans, a great day for Chile, today September 17, 2005 we have solemnly signed the Democratic Constitution of Chile" said president Lagos in the presidential palace La Moneda.

After stamping his signature president Lagos handed a copy to the president of the Senate Senator Sergio Romero and the president of the Supreme Court Marco Libedinsky in representation of the two other branches of government.

After 15 years of democracy and eight failed attempts by three governments led by Concertacion Democratica, the coalition in office since 1990, last August the Chilean Congress virtually unanimously enacted 59 reforms definitively confirming the end to the long transition of Chile to "democracy and national understanding".

"Spring is here" said President Lagos who in a quick reference to Chile's history emphasized the spirit of unity behind the democratic constitutions of 1833 and 1925 and the "tragic" interruption embodied in the military coup of 1973, which divided the country. The reforms include cutting the presidential mandate from six to four years; elimination of for life and designated Senators (former presidents and nine seats for retired Armed Forces commanders); greater scrutiny powers for the Lower House; mechanisms to ensure a speedier approval for bills, and the number of Senate seats is cut to 38.

However the most important issue is that it definitively eliminates the Armed Forces "tutelage" over civilian rule and democracy.

The three services commanders until now "irremovable" will be named or sacked by the elected President; the Constitutional Tribunal will have members named by the Executive, Congress and the Supreme Court; the National Security Council becomes an advisory body to the president and can't be convened by the Commanders in Chief of the Armed Forces.

The one pending issue is the complex binomial electoral system that rules Congressional elections and which effectively favours making large coalitions, hindering small parties.

However the issue was downgraded from the Constitution and becomes a "Constitutional bill" which makes the needed Congressional readings and majorities considerably less and thus more reform accessible.

Chile is holding presidential and congressional elections next December and the new government will be taking office March 11, 2006.