The debate on security that must be present in the new Constitution

El Líbero, March 10, 2023

The mistakes made in the previous process cannot be repeated. Ambiguities in security can be very costly for the country.

The kickoff has been given, and the ball is already rolling on the field. This week, the Expert Commission began working on a new draft of the Constitution. The next milestone is the election of councilors on May 7. We do not know what the proposed text will look like or what emphasis it will have, but it is clear that the work must be framed within 12 bases that guide the effort. The opportunity: to generate a regulatory framework that, among other things, can respond to the primary priority of Chileans, security. 

It all began on November 15, 2019, when 10 parties and the current President signed the Agreement for Peace and the New Constitution, which aimed to “seek peace and social justice through an undeniably democratic process.” The nod to a secure environment is undeniable; the title and the goal allude to it. 

In this sense, the mistakes made in the previous process cannot be repeated. Ambiguities in this matter can be very costly for the country. For example, the confusions about who leads security that appeared in the rejected draft are unacceptable, as is the failure to enshrine the concept of public order. Security and defense are fundamental areas for the consolidation of the State. If the ultimate goal of the State is the Common Good, security, development, and well-being are the paths to achieve it, and while they share the same degree of importance, it must be recognized that without security, neither development nor well-being will be attained.

The existence of non-deliberative Armed Forces and Law Enforcement, along with states of emergency, are part of the foundations that the text should include, but they are not sufficient. In addition to enshrining their existence, the document must include the function and scope in which each institution operates, its roles, and characteristics.

The military, essential for national security, must safeguard our sovereignty and territorial integrity by protecting us from external threats; meanwhile, the Law Enforcement Forces, composed of both uniformed and civilian police, are those who guarantee public order and internal security.

Likewise, non-deliberation and the appointment of respective leaderships by the President of the Republic are necessary to maintain the checks and balances inherent to a State. The same applies to the role that Congress can play in approving the early retirement of any of the commanders-in-chief by the President. 

The same should apply to states of emergency. The clarity of their objective is key to the proper functioning of the State. 

It is true that security is one of the many issues that the new Constitution should address, but that does not mean we should forget its importance in the daily lives of Chileans. We face new challenges in this area, an unprecedented criminal environment, and in this sense, the constitutional process that has begun can become an opportunity to address these issues with the seriousness and foresight they require. 

Pilar Lizana
Researcher, AthenaLab