Chile; Obstacles and Challenges for Human Rights
| Author | Cecilia Medina |
| Published date | 01 June 1992 |
| Date | 01 June 1992 |
| DOI | http://doi.org/10.1177/016934419201000202 |
| Subject Matter | Part A: Article |
Medina /Chile; Obstacles and Challenges for Human Rights
PART
A:
ARTICLES
CHILE;
OBSTACLES AND CHALLENGES
FOR
HUMAN
RIGHTS
Cecilia
Medina"
IIntroduction
Patricio Aylwin took office as President of the Republic
of
Chile on 11 March
1990, putting an end to seventeen years of military rule.' A main issue for
those who supported President's Aylwin election was the solution of human
rights problems
of
the past and the establishment for the future of a truly
democratic society respectful
of
human rights. This has been and remains no
easy task. Chile's transition to democracycame about through negotiations with
the military and the political groups supporting General Pinochet, and in the
negotiation Patricio Aylwin and his supporters had to yield in a significant
number of issues directly and indirectly connected with human rights, the
situation being now that the Government has its hands tied in many ways to
undertake the thorough reforms needed for a future Chile where human rights
can be enjoyed by the whole population.
At the same time that
it
has to build up a democratic society respectful of
human rights, a government which takes office after so many years of a
consistent pattern of gross, systematic violations of human rights is bound to
be
held
accountable for the redressing of the wrongs of the past. Issues such
as the investigation of the events leading to the disappearance
of
more than a
thousand Chileans, and the existence in Chilean jails of individuals who were
detained and tortured during the previous administration, without yet having
been convicted or absolved, need to be tackled and solved as soon as possible.
It
is evident that the peculiarities of the Chilean transition hamper a swift
completion
of
the task the new Chilean Government faces in the area of human
rights, demanding a high degree of caution from those now in power. These
*Lecturer at SIM and Professor at the University of Diego Portales, Chile.
1 The best account in English about human rights in Chile under General Pinochet may be found
in the four reports prepared by the Inter-American Commission on Human Rights. The fourth
is an analysis of the whole 17 years. See Report on the Situation
of
Human Rights in Chile,
OAS/Ser.UV/II.66, Doc. 17, 27 September 1985.
109
NQHR2/1992
peculiarities, however, are not the only obstacles that have to be removed. For
all the democratic tradition for which Chile was known throughout the world,
one has to be aware that before 1973 there were many flaws as far as human
rights are concerned. At that time, there were no gross, systematic violations
as those Chile experienced during the military regime, but violations of human
rights were committed, and some
of
them without the perpetrators even being
aware that they were infringing international standards.
It
is the purpose of this article to analyze what the Government
has
done
so far, and what remains to be done to deal with human rights problems of the
past and to create a truly democratic society based upon respect for human
rights. I also wish to direct attention to the obstacles which hinder this task.
Although this article addresses the human rights situation in Chile, it has to be
noted that the circumstances described above are not exclusive to this country.
Similar problems are to be found, among others, in Argentina and Uruguay,
and, in this sense, the reflections contained in this article may also apply to the
situation in other Latin American countries which find themselves in transition
to democracy,
II
The Obstacles Posed by Chile's Peculiar Transition to Democracy
Although the expression "transition to democracy" - the expression used to
describe Chile's current political situation-- does not purport to imply that
democracy has been achieved, there is a tendency to believe that Chile is now
living in full democracy. This is not entirely so. A few facts will demonstrate
that the political organization of Chile has still an important remanent of the
military regime which makes of Chile's organization a hybrid form.
It seems convenient to remember that the opposition to Pinochet, which
finally did away with his rule, was a political, non-violent one. The choice
made by the opposition as to the way in which it would operate implied
accepting the rules established in Pinochet's 1980 Constitution to proceed with
the election of a president of the republic and
of
a congress. According to the
Constitution, there was to be a referendum in 1989 to ratify the nomination
made by the Junta itself of the person who was to become the president of
Chile during the transition to democracy envisaged in that same Constitution.
The Junta nominated Pinochet and Chileans were requested to vote "yes" or
"no" to Pinochet's name. In October 1988, the "no" vote won by an absolute
majority, and fromthat momenton the opposition started a negotiating process
110
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