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Military and Police Reform in Chile

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					MILITARY AND POLICE
REFORM IN CHILE
3/29/2010
Civilian Control Over the Military
and Democracy
   Rule of Law
   Guarantees during non-election times
   Elections
   Democratic Culture
   Institutionalization
Methods of Ensuring Civilian Control
   Control of the allocation of leadership positions
       The ability of the executive to remove high-ranking military
        personnel from their positions
   Control over the setting of defense priorities and related
    policies
       The limitation of military advisors
   Control and/or effective oversight over intelligence and
    espionage functions
   Civilian Government Effectiveness and Credibility
       Control over the political process and effective policy
       Economic stability
       Social tranquility
       Lack of corruption and fear
Methods of Avoiding Civilian Control

   The ideal of the military as “guardian of the
    homeland”
   Loyalty: the continuing loyalty of soldiers to the
    military before the state, and of the military to its
    own institutions before those of the state/society
   Holdovers from non-democratic or transition-era
    laws: incomplete reorganization of power leads to
    the persistence of military prerogatives
   Accommodation by Omission: certain topics are
    neither addressed by law nor in ongoing political
    negotiations
Methods of Avoiding Civilian Control

   Mediation: where civilian institutions are unable to
    effectively represent various citizen groups and
    their competing demands, the military may take a
    role in doing so
   Social Control: paramilitary groups and militarized
    police forces strengthen the role of the military in
    domestic control
   Alliance with elites: the exchange of favors with
    civilian (economic and political) elites helps the
    military to retain influence
Police v. Military
   Military: the capabilities of a nation pertaining to
    preparation and war-making capabilities
     As the guarantor of security – of national existence – the
      military may operate outside of “politics as usual,” even
      within the confines of its own territory
     The military is not the appropriate tool for the everyday
      provision of safety and order
   Police: “civil force for maintaining order, preventing
    and detecting crime, and enforcing laws”
    (dictionary.com)
     The police are not concerned with threats to national
      existence so much as the everyday maintenance of order
     As an organization for civil administration, the police obey
      normal legal procedures
Chile: How We Got Here
   Colonial Legacy: The Chilean judicial system as a
    remnant of Spanish colonization
   Undermining the Inquisitorial System: the Allende
    Administration
   The Fall and Rise of the Rule of Law: the Pinochet
    Regime
     1973 state of siege
     1980 Constitution
Chile: How We Got Here
Democratic Reforms
   Procedural reforms
     Public trials
     Oral hearings
     Public prosecutors and defenders
     Recognition of victims' rights
   Constitutional reforms
     Reduces the Presidential term to four years from six
     Revokes the role of the armed services as guarantor of
      national security
     Elimination of irremovability of military commanders in chief
     Elimination of designated senators
     Weakens the National Security Council
Is the Military A Threat to Chilean
Democracy?
   Control of the allocation of leadership positions
     Constitutional reforms eliminate the irremovability of
      military commanders in chief
     Constitutional reforms eliminate designated senators

   Control over the setting of defense priorities and
    related policies
     Territorialdisputes with Peru and Bolivia
     Peacekeeping deployments in Haiti, India/Pakistan, and
      the Middle East
     Force Modernization: Professionalization, Cooperation
      between the branches of the services, Equipment
      acquisition
Is the Military A Threat to Chilean
Democracy?
   Civilian Government Effectiveness and Credibility
       Confidence in the police:
         Latin America: 37% (2005)
         Chile: 64% (2005)
       Confidence in the military:
         Latin America: 42% (2005)
         Chile: 49% (2005)
       Satisfaction with Democracy
         Latin America: 31% (2005)
         Chile: 43%(2005)



Informe Latinobarometro
Is the Military A Threat to Chilean
Democracy?
   The ideal of the military as “guardian of the homeland”
     Constitutional reforms revoke the role of the armed
      services as guarantor of national security
   The continuing loyalty of soldiers
   Holdovers from non-democratic or transition-era laws
     Supreme Court expressly declared torture to be a crime
      against humanity AND the amnesty decreed by the military
      government in 1978 is inapplicable to war crimes or crimes
      against humanity
     The military justice system investigates all cases of alleged
      police abuse.
Is the Military A Threat to Chilean
Democracy?
   Accommodation by Omission
     Consensus has emerged over the last decade that
      institutional violence has ceased to be a problem despite
      “individual lapses”
     Because of high public approval ratings of the police, there
      is little political debate over the way they should function
   Social Control
     During the political transition there was an increased sense
      of insecurity and thus security was a major concern of the
      transitional government but the security agenda turned to
      focus on street crime
     The use of the military to respond to natural disasters,
      including the recent earthquake

				
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