Human Rights Watch Urges Chile’s Congress to Stop Kast’s Security Reform
CHILE · POLITICS
Key Facts
—The call: Human Rights Watch urged Chile’s Congress to reject President José Antonio Kast’s constitutional security reform, calling it a “dangerous usurpation of power.”
—The core dispute: A new state of exception for “public security” would let the president act for up to 240 days without congressional approval, restricting freedom of movement, assembly and communications.
—The dissent inside: Republican senator Vial admitted he would have voted against the same proposal had opposition figure Jeannette Jara presented it, and backed prior congressional approval as a counterweight.
—The numbers: Polls by Cadem and Criteria show a majority of Chileans reject the new state of exception, and support for the government’s security agenda fell eight points in under three weeks.
—The status: The executive sent the reform to the Senate on 18 August and refuses to withdraw it, pressing a 30-day urgency to force an agreement.
Human Rights Watch called on Chile’s Congress to stop Kast’s security reform, warning that its new state of exception would hand the president dangerously broad powers — and even a Republican senator now admits his doubts.
Human Rights Watch Enters the Debate
The controversy over Chile’s security reform escalated to the international level on Monday. Human Rights Watch called directly on the Chilean Congress to reject the constitutional reform pushed by President José Antonio Kast, warning that the new powers contemplated for the presidency threaten human rights and the country’s institutions.
“The proposed constitutional reforms threaten the rights of Chileans and put their institutions at risk,” said Juanita Goebertus, the organization’s Americas director, in a statement. “This is a dangerous usurpation of power that puts the rights of all Chileans at risk.”
The organization argues the project does not meet Chile’s obligations under Article 4 of the International Covenant on Civil and Political Rights and Article 27 of the American Convention on Human Rights, which allow suspensions of rights only in exceptional situations that threaten the life of the nation, and only to the extent strictly required.
“Instead of protecting Chileans, this proposal, which creates a new type of state of emergency and expands presidential powers, puts at risk the rights to freedom of assembly and association,” Goebertus said.
What the Reform Would Allow
The executive presented the reform to the Senate on 18 August. It contains eight constitutional modifications with the declared goal of strengthening the fight against organized crime.
Its centerpiece is a new state of exception for “public security,” added to the four states of exception the constitution currently contemplates. The president could invoke it against situations he considers an imminent threat and maintain it for up to 240 days without requiring congressional approval.
While in force, the president could suspend or restrict personal liberty and freedom of movement and assembly, restrict the right of association, intercept, open or search documents and all kinds of communications, and order the requisition of goods. The affected zone would be run by a general officer of the Armed Forces or Carabineros named by the president.
Human Rights Watch also questioned a new presidential power to declare certain groups terrorist or criminal organizations without specifying the legal effects of such a declaration, and the creation of differentiated prison regimes that would restrict visits and benefits for certain categories of prisoners.
A Republican Senator’s Telling Admission
The most striking crack appeared inside the governing coalition itself. Republican senator Vial told CNN Chile he would have voted against the very same project had it been presented by Jeannette Jara, the left-wing former minister and opposition figure.
Vial defended the reform as carrying “an important conservative republican DNA” that connects with the 58 percent who voted for Kast, but admitted there may be “some errors in the design” and spoke of a “confirmation bias” in the government: “I thought this would have a greater acceptance in parliament from the start.”
On the new state of exception, the senator called the duration “perfectible” and said he agrees with including prior congressional approval for the measure, so that it generates a “counterweight” — precisely the safeguard the government’s text omits.
Academics Javier Couso and Arturo Fontaine went further in a column in El Mercurio, calling the reform “manifestly illiberal” and warning it could enable a “constitutional dictatorship.” They urged Kast to withdraw the project and invest in the police instead.
Losing Ground in the Polls and the Senate
Public opinion is moving against the government. Cadem’s Plaza Pública shows support for the security agenda at 41 percent, down eight points from 7 August, with 45 percent against. The new state of exception draws 51 percent rejection against 41 percent support.
Agenda Criteria, published on 30 August, tells a similar story: 49 percent reject the new emergency regime, and 42 percent believe the government has no clear security plan and is improvising. Kast’s approval stands at 37 percent in Cadem and 33 percent in Criteria.
In the Senate, the executive has already ceded urgency once after failing to find the votes, in what socialist senator Juan Luis Castro called “a first failure” after five months of government. Kast refuses to withdraw the reform and has instead pressed a 30-day urgency to force an agreement.
Frequently Asked Questions
Why did Human Rights Watch ask Chile’s Congress to reject the security reform?
The organization says the reform creates a new state of exception letting the president restrict fundamental rights for up to 240 days without congressional approval, and argues it does not meet Chile’s obligations under the International Covenant on Civil and Political Rights and the American Convention on Human Rights.
What would the new state of exception allow?
The president could suspend or restrict personal liberty, movement, assembly and association, intercept and search documents and communications, and requisition goods, with the affected zone run by a general officer of the Armed Forces or Carabineros named by the president.
What did the Republican senator say about the reform?
Senator Vial told CNN Chile he would have voted against the same project had opposition figure Jeannette Jara proposed it. He admitted design errors and a “confirmation bias,” and backed prior congressional approval of the new state of exception as a counterweight.
Do Chileans support Kast’s security reform?
Majorities reject its centerpiece. Cadem shows 51 percent against the new state of exception and support for the security agenda down eight points to 41 percent; Criteria shows 49 percent rejection and 42 percent saying the government improvises on security.
Connected Coverage
Chile’s rights debate is part of a regional pattern of governments seeking broader emergency powers against organized crime, from Ecuador to El Salvador — a trend our security coverage follows across Latin America.
Sources
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