1. MILITARY AND POLICE REFORM IN CHILE 3/29/2010

2. Civilian Control Over the Military and Democracy  Rule of Law  Guarantees during non-election times  Elections  Democratic Culture  Institutionalization

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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  Territorial disputes 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

10. 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

11. 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.

12. 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