The Chilean government of President Jose Antonio Kast is preparing a constitutional security reform that introduces a new public security state of exception.
Although executive officials held an event last week to announce the project, the proposal has not yet formally entered the Senate and may undergo further modifications before submission.
The latest draft version retains 11 constitutional amendments and establishes a public security state of exception, which differs from the state of emergency currently in force under Chilean law.
Chilean constitutional reforms require legislative approval through the Senate, the upper house of the National Congress, before any modifications to the national charter can take effect.
Conditions and duration of the emergency state
Under the proposed framework, the new mechanism can be declared when there is a grave and imminent threat against public safety, or when public security has already been severely affected.
The draft updates the timeframe from an earlier version, allowing the state of exception to last for 120 days. It can be extended for an additional 120 days, allowing the measure to remain active for a maximum of eight months if renewal criteria are met.
Presidential powers and communications monitoring
The draft grants extensive powers to the president during the state of exception. These include suspending or restricting personal freedom and freedom of movement, as well as restricting the right to assembly and freedom of work.
The measures also allow the executive to limit the right of association, order the requisition of goods, and place limitations on property rights. Furthermore, authorities would be empowered to intercept, open, or inspect documents and communications.
Security Minister Martin Arrau previously indicated that surveillance measures could be utilized during security operations. Arrau noted that interventions in neighborhoods impacted by organized crime could include the interception of communications.
Role of the armed forces and command structure
The project permits the Armed Forces to collaborate with Order and Public Security Forces during the state of exception. However, the text maintains the primacy of police institutions in handling public order responsibilities.
In Chile, primary policing duties are carried out by Carabineros de Chile, the national law enforcement agency responsible for public order and domestic security across the country.
The revision alters the command structure for deployed forces. An earlier version specified that affected zones would fall under an Order and Public Security authority designated by the president. The new text removes that specific reference, stating instead that forces will report to the authority designated by the head of state.
This modification leaves open the possibility that the president may directly determine which authority takes command of affected regions during an emergency declaration.
Expert criticism and military limits
The proposed military involvement has drawn questions from experts and former defense officials. Academic Fernando Wilson warned that the draft lacks clarity regarding the precise powers and operational limits assigned to military personnel when intervening against criminal organizations.
Former Undersecretary of Defense Gabriel Gaspar argued that the armed forces should not assume police responsibilities. Gaspar stated that national authorities should focus instead on strengthening the capabilities of Carabineros and other domestic security institutions.
Organized crime penalties and political pushback
The reform bill includes additional measures aimed at combating organized crime and terrorism. It imposes restrictions on accessing certain state-funded benefits for offenders and establishes a perpetual ban from holding public office for individuals convicted of drug trafficking or organized crime.
The initiative has faced objections even within the governing coalition. Guillermo Ramirez, president of the conservative Independent Democratic Union party, warned that his organization would not support an excessively broad constitutional reform containing matters that ought to be regulated by ordinary statute law.
Government officials maintain the option to make further edits to the text before formally submitting the bill to the Senate for legislative debate.
