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El Mostrador, Friday, August 23, 2019
Richard Kouyoumdjian
Vice President, AthenaLab
Our legislation does not define what national security is, despite being mentioned in several places and the existence of a council for that purpose. The current Defense Book (2017) does not address that definition and unfortunately remains open to individual interpretation. In these matters, which are exclusively the President’s domain, it is his sound judgment that determines what is essential for national security and, therefore, whether activities related to fires, public health, and support for police at the borders are essential to national security or not.
I commend Professor Fuentes for his opinion column, which does not necessarily mean I agree with his logic and conclusions, but I do appreciate him bringing this point to the attention of El Mostrador’s readers.
I know many who would agree with him, but that group does not include me. The point he raises is one of long-standing discussion and became more evident with the definition of the five mission areas of the armed forces in the latest version of the Defense Book (2017), which has been maintained by the current government. That said, I immediately clarify that in the case of the Chilean Navy, the expanded roles beyond the defense function have a long history and are common in the navies of other countries, to the point that they are not a matter of debate.
The short answer for Claudio Fuentes is provided by the Constitution of the Republic of Chile in its Article 101, which states: “The Armed Forces under the Ministry responsible for National Defense are constituted solely and exclusively by the Army, the Navy, and the Air Force. They exist for the defense of the homeland and are essential for national security.”
This is reinforced in Article 1 of Law 20.242, the organic statute of the Ministry of National Defense, which states: “The President of the Republic is responsible for deploying the air, sea, and land forces, organizing them and distributing them according to the needs of national security.”
On the other hand, in the Political Constitution of the Republic of Chile, Article 32, paragraph 17, it states as powers of the President of the Republic: “To deploy the air, sea, and land forces, organize them and distribute them according to the needs of national security.”
Understanding that we all agree that the defense function is not in question, it is evident that the legislator went further by including the concept of national security and associating the land, sea, and air forces with the needs of national security, to the point of qualifying them as essential to that condition.
Our legislation does not define what national security is, despite being mentioned in several places and the existence of a council for that purpose. The current Defense Book (2017) does not address that definition and unfortunately remains open to individual interpretation. In these matters, which are exclusively the President’s domain, it is his sound judgment that determines what is essential for national security and, therefore, whether activities related to fires, public health, and support for police at the borders are essential to national security or not.
In my opinion, increasingly these non-traditional functions will become common and essential, as the threats of the modern world do not only come from other states, but are also related to the impacts of climate change on human populations, failed states unable to control drug trafficking and smuggling, cyberattacks, illegal fishing, human trafficking, and many other challenges that modernity brings us.
I hope and assume that Professor Fuentes is not thinking that the police should take on all the various problems mentioned earlier, and it is very likely that, to Claudio’s dismay, the list of additional activities for the Armed Forces will increase rather than decrease.
Having said all that, I do agree that the defense function is and should remain primary with all the implications that entails, but clearly accompanied by all the challenges that modern times bring, which will require armed forces that are increasingly flexible, versatile, and innovative, but above all, capable of operating together and in support of the police and other state agencies, accompanied by an intelligence function that guides efforts and allows for the anticipation of threats and illicit activities.
I am sure that Chile wants effectiveness and efficiency in the use of national resources, especially those dedicated to defense and national security.
Source: El Mostrador