Human Rights Watch has called on Chile’s Congress to reject a sweeping constitutional amendment proposed by President José Antonio Kast. The amendment ostensibly addresses national security concerns by combating organized crime but raises significant alarms regarding due process and human rights protections.
The proposed measures, under review by multiple committees in both houses of Congress, would allow a state of emergency to last 240 days without legislative approval. The amendment could enable the President to suspend the right of assembly and other personal freedoms, as well as seize property. Critics argue these provisions clash with international human rights standards, particularly concerning the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights (ACHR), both of which Chile is committed to uphold.
Article 4 of the ICCPR and Article 27 of the ACHR require stringent conditions such as “war, public danger, or other emergency” to justify the suspension of rights. Despite President Kast declaring organized crime a national emergency, Human Rights Watch asserts that the factual basis does not meet these legal thresholds.
A year ago, the U.S. State Department classified Chile as having a high threat of crime, mirroring increasing rates of violent crime over the past decade. However, Constitutional Law Professor Benjamín Alemparte from the University of Chile has opposed Kast’s alarming depiction of the nation’s criminal landscape. He contends that although security issues exist, they do not indicate an institutional collapse, cautioning against exploiting such issues to centralize power.
To effectuate this constitutional change, both legislative houses must pass it with significant majorities—either two-thirds or three-fifths. Moreover, the President’s signature is required, although Congress can override a veto with a supermajority. This process underscores the complex and contentious nature of constitutional amendments in Chile.
Additional viewpoints can be explored in reports from Human Rights Watch, emphasizing the importance of aligning national legislation with international human rights law and the potential repercussions of deviating from these standards.