FedACH suffrage of Chileans abroad Carolina Vergara, interpersonal
early last month, came voices of Government Concertación, to proclaim "urbi et orbi" by Wednesday, October 4 as "a memorable date for the civil rights of the Chilean residents overseas. "
"The proposal submitted by the Government to grant the right to vote to Chileans living abroad, and which bears the signature of Mrs. President of the Republic, was approved in general and particular, by the Commission on Human Rights Human Nationality and Citizenship of the House of Representatives, chaired by Deputy Tucapel Jiménez. "
" So, after 14 years of debates and proposals, which began with the first presentation of the Christian Democratic Rep. Charles Dupre, in 1994 the return to democracy, and continued in 2005, with the motion of Representative Isabel Allende, the Government of the President Bachelet achieves one of the most pressing demands of thousands of Chileans living abroad. "(Foreign Information DICOEX, October 2006).
As sometimes half-truths are half-lies, the FedACH Board reiterated that maintains communications with members of different political persuasions, who commented several edges are unknown to the public. For example, in the mentioned meeting, voted to project only the members of the Coalition. The UDI's voted against and National Renewal, presented a separate draft constitutional reform on "the vote of Chileans abroad and the designation of ambassadors ", a fact that the deputies themselves were unaware of the Coalition and reached the agreement qualify as RN - Veloso (Paulina, Minister Secretary General of the Presidency).
as "something rotten in Denmark", the Board of FedACH sent the note is reproduced below, the Committee on Constitution, Legislation and Justice of the Chamber of Deputies (which studies the project), other commissions and legislators, and in turn, prominent constitutionalists, in order to comment on the consultations there treated.
H. Rep. Pedro Araya
President of the Committee on Constitution Law and Justice H.
Chamber of Deputies
In our further consideration:
FedACH The Board is pleased to address you and honored to lead the Commission, to send you our concerns on the draft amending Law No. 18,700 (Bulletin No. ° 3936-06) and treats the rules for voting of Chileans living abroad.
In this regard, see the following: 1 .-
motion that the Committee began to discuss, on Tuesday 31 of power, is the same one that sent the Commission on Human Rights, Nationality and Citizenship, on Wednesday, October 4 past?
2 .- This motion is it the same original text submitted by the H. Rep., Isabel Allende and other Socialist deputies (Bulletin No. 3936-06) in July 2005? Or, is the substitutive, sent by President Michelle Bachelet, the current August 31, the H. Chamber of Deputies (Message No. 249-354)?
3 .- This clarification is vital because the draft Rep. Allende (Bulletin No. 3936-06) proposes:
"Article 182 .- The Chileans residing permanently abroad and meet the requirements mandated by law to be citizens may exercise their right to vote in elections for President of the Republic, Senators and Representatives, Mayor and Councillors, can vote, further referendums stipulated in the Constitution. "
substitutive While the Government (Message No. 249-354) states:
" Article 179 .- He shall perform overseas votes to be elected as President of the Republic and in the case of referendums regulated in Chapter XV of the Constitution of the Republic. "
4 .- The motion of Deputy Allende can be considered extends the exercise of sovereignty of Chileans living abroad, beyond legitimate participation in the renewal of the branches of government: executive and legislative branches, and vote in municipal elections, which also has its own electoral system.
5 .- On the other hand, the substitutive government limits the exercise of sovereignty to Chileans living abroad, to participate in the renewal of a single branch of government: the executive, ie exclusively cover the presidential election.
6 .- It is noteworthy that the substitutive made by the Government (No. 249-354) does not correct the errors that had the other substitutive (No. 177-342) led by President Ricardo Lagos, who presented in August 2000, H. Senate a project of the same nature (Bulletin No. 268-07) and that was rejected repeatedly in different courts as unconstitutional because it "is considered discriminatory to limit the expression of suffrage for foreign residents only for presidential elections creating a clear constitutional problem because it would establish a clear legal inequality between Chileans who vote abroad and those who voted in the country. "(Bulletin No. 268-07, Note No. 148).
7 .- In October 2000, CasaChile.cl said following a session of the Commission on Government, Decentralization and Regionalization of H. Senate
"The bill seeks to grant the right to vote to Chileans living abroad could be considered unconstitutional, they said the lawyer Francisco Zuniga, in the fourth session of the Senate Committee on Government to analyze the bill.
Zúñiga argued that restricting the right to vote guaranteed by Article 5 of the Constitution, while the Chileans living abroad could only vote for the election of President and referenda, not elections. In his view, this would be essential to solve for the effects of adequate treatment of the project.
The Constitution states that sovereignty resides in the nation and its exercise is done through elections and plebiscites. Therefore, give the right to vote only a portion of these instances, would restrict this right, why would estimate that the project would be unconstitutional. "
8 .- There is a lot of material and opinions of knowledgeable Chilean constitutionalist who hold this view, the exercise of sovereignty by the people, involves the participation of citizens in periodic elections in the renewal of the powers of authorities Status: Executive and Legislative. That these choices are directly related is shown by the Constitution, which states:
"Article 26 .- The President shall be elected by direct ballot by an absolute majority of the votes validly cast. The election shall be held in conjunction with the parliamentarians, in the manner determined by the respective constitutional organic law, ninety days before the date on which the office should he cease to be in office. "
And the preamble to Law No. 18,700, the Constitutional Organic Law on Voting and Elections:
"Article 1 .- This law regulates the procedures for the preparation, implementation, counting and classification of referendums and elections of President and Parliamentarians. "
9 .- On the other hand, Parliament is not giving the right to vote to Chileans living abroad, as it is explicit constitutional guarantees. What Parliament legislates, is the way this sector of society will exercise this right, as indicated by repeated our Constitution:
"Bases of Constitutionality"
"Article 1 .- The persons are born free and equal in dignity and rights. (...) It is the duty of State
(...) safeguard and secure the right of individuals to participate with equal opportunities in national life. "
"Article 5 .- The sovereignty resides essentially in the Nation. It is exercised by the people through periodic elections and referendum (...)
The exercise of sovereignty is limited by respect for the essential rights emanating from human nature. It is the duty of the organs of State to respect and promote those rights guaranteed by this Constitution and by international treaties ratified by Chile that are in force. "
" Article 15 .- In the popular vote, the vote shall be personal , equal and secret. For citizens is also required. Only
can be called a popular vote for elections and referendums expressly provided in this Constitution. "
" The rights and constitutional duties "
" Article 19 .- The Constitution guarantees all persons:
2 .- The equality before the law. In Chile there is not, privileged persons or groups. In Chile there are no slaves and that steps on its territory is free. Men and women are equal before the law.
Neither the law nor authority may establish arbitrary differences. "
10 .- As Chileans residing abroad are the ones who are directly involved in the standardization of our rights as citizens, we would pleased that the Commission honorably preside, wish to invite our Federation, to participate in the study that begins the bill related to the implementation of the vote of Chileans abroad.
FedACH the Chilean Federation of Residents in Argentina, founded in 1995 with legal and No. 16,278 of February 28, 1997. Coordinates about 80 Chilean organizations from Jujuy - Salta to Ushuaia and its objectives: "to adhere specifically to the observance of human rights, democratic values \u200b\u200band principles that make peaceful coexistence of peoples."
Thus, since its FedACH foundation has been regularly visiting the H. Congress and the executive branch in the processing of the draft on this matter transacting the U.S. Senate, Bulletin 268-07. Likewise, and vote on the issue of Chileans abroad, has organized and participated in the following events:
- I Convention Chilenos en el Exterior (Chicago, USA, August 1997, with the participation of Senator Miguel Otero) .
- First Conference on Civil and Political Rights (FedACH: Punta Lara, Argentina, December 1997, participation of the Assistant Secretary of the Presidency, Sergio Galilea).
- Seminar on Strengthening the Chilean community in Argentina (Consulate General of Chile and FedACH, Buenos Aires, 1998, participation of Senator Jose Antonio Viera-Gallo, deputy Edmundo Villouta, Ex-Ambassador Pedro Daza and political scientist Ricardo Israel).
- Open discussion about voting abroad: Institute of Political Science at the University of Chile and FedACH (Santiago, March 1999, participation of Juan Ignacio Garcia, Ricardo Israel, Pedro Daza, etc.).
- Chile Forum on voting abroad: School of Law, University of Chile (Santiago, August 1999, the participation of José Luis Cea, Alberto van Klaveren, Juan Ignacio Garcia, Committee for the right to vote in France and FedACH) .
- International Workshop on Voting Chilenos en el Exterior: DICOEX (Santiago, November 2002).
FedACH and Chilean Associations throughout Argentina actively participated in the registry (or Census) of Chileans Abroad, along with all 13 consulates in this country, the National Statistics Institute (INE) and DICOEX to take a census the 429,708 residents throughout Argentina, in 2003.
think this experience and information gathered, put it deserves the attention of the Committee on Constitution, Legislation and Justice H. Chamber of Deputies, and thereby contribute to the legislative study builds upon the vote of Chileans living abroad.
Waiting for your response to the concerns outlined here, we greeted with patriotic appreciation of the Board.
José Aguilera Muñoz
Secretary
President Carlos Méndez Contreras
FedACH - Chilean Federation of Residents in Argentina