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The feasibility of a successful vote on the draft of Chileans abroad is unlikely, as there are sectors of the coalition do not share to be involved in all types of elections.

In the recent message of President Bachelet Br Senate on constitutional reform to allow amendment to the binomial system, the president ratified four of its programmatic commitments on elections. First

: "modify the binomial system for a system to ensure competitiveness, representation and governance."
Second "automatic voter registration, for more than two million Chileans are of voting age are not exercising their right to vote."
Third "vote to Chileans abroad, if we want a more just, inclusive and diverse."
Fourth "allow greater participation of women in politics."

The message adds: "Through this proposed constitutional amendment, the Government fulfills the first and last of these three (sic) commitments."

"Regarding the other two commitments, is ready to be voted on Chamber of the House, the bill provides for automatic enrollment. And the past week, scored with simple emergency motion of a group of MPs who can vote for Chileans abroad. "(Post 142-354, pages 1 and 2) Outside

whore commitment (in what is written "three commitments" when they are four) that we will discuss concerning voting of Chileans abroad, motivated by the second major addition this year, nationals living abroad. The case of Mexican voters who voted in their countries of residence for the elections on Sunday 2 July. Previous weeks and months, as voters were also incorporated from the outside, the Italians, in the parliamentary elections and referendum in their country of origin.

In Chile - are promises, promises are - there is no indication that the current presidential term the project will be implemented and the law that allows Mexican citizens to vote from their home countries.

Currently there are two Bills in Congress on the subject: one in the Senate (Bulletin No. 268-07) deputy project Dupré (1991) with a substitutive Lagos government (August 2000) in different courts repeatedly rejected as unconstitutional and "It is considered discriminatory to limit the expression of suffrage for foreign residents only for presidential elections, creating an obvious constitutional problem because it would establish a clear legal inequality between Chileans abroad vote and that they bear in the country. "(Bulletin No. 268-07, Note No. 148)

The project in question was found trapped between the Committee on Foreign Affairs and the Constitution, Legislation and Justice of the Senate during the government of Lagos (2000-2006) without the Executive took the political initiative that corresponded with one of its flagship program commitments.

The other project, of more recent data, presented on the campaign trail in July 2005, several Socialist members, includes criticism of unconstitutionality of the previous draft and proposed that "Chileans residing permanently abroad (... ) may exercise the right to vote in elections for President, Senators, Congressmen, Mayor and Councillors, can vote, also in plebiscites provided by the Constitution. "

"To that end believe it a Voter Registration Residents Abroad. (...) At each embassy and consulates consuls served by Chilean (...) Special Voter Registration is open until the hundredth day before an election. (...) (...) The voter registration work in the headquarters of the Mission or Consulate (...) At registration, the Chilean foreign resident in the commune will for your last domicile in Chile. "(Articles 182 and following of the Bulletin No. 3936-06)

"The vote of the citizens will be issued on the same date which is issued in the territory of the Republic. (...) To receive the vote of each record is designated an Integrated Receiver Bureau at least three and not more than five electors alphabets and seers who shall serve as members. (...) The election of officers shall be governed by the rules laid down in Articles 71, 72, 72 and 74 of Law No. 18,700. "(Articles 187 et seq Bulletin No. 3936-06)
There
major political sectors (Concertación and National Renewal) that support this idea of \u200b\u200blegislating, as they consider "fully recognize valid right to vote to Chileans living abroad, ascribing to his native community, the system used by other States with relevant experience. " (Letter to FedACH Sebastian Pinera in Presidential Proposal)

However, the feasibility of this project to flourish in the legislative process of the Chamber of Deputies is quite remote, as there are also policy areas that do not share that Chileans from foreign participation in all elections.

"I think there are elections that have absolutely nothing to do. In a city election, any person not residing in Chile, a municipality may be entitled to vote. The development of a community is very directly related to the base, and is therefore very crucial place of residence of the citizen. Then, at the municipal level I do not consider it relevant to a vote. "(Senator Carlos Cantero - RN, who voted in favor of the previous project, the Commission on Government, Decentralization and regionalization of the H. Senate)

share also in the Coalition this criterion as socialist politicians like Democrats. Interior Minister Andres Zaldivar, voiced this in the interview he had with leaders of FedACH last April in La Moneda. As Ambassador Luis Maira at a hearing granted in August 2005, at the Embassy in Buenos Aires. They define the suffrage of Chileans abroad is contingent solely to the elections for President of the Republic "and will not be responsible for the consequences of the outcome of a parliamentary vote." That same argument Senator Larraín - UDI to oppose the foreign nationals to vote in presidential elections.

This lack of unity and coherence of the coalition and the government causes the project is unsuccessful Socialist deputies in the proceedings of committees since July 2005, even though he has been described as simple urgently 06/06/1906 (Address 135-354). The project will be voted for the House of Representatives should continue a second step in the Senate where he will meet with the other project of the past efforts and the comments of his detractors.

We then have two projects, one in each chamber. Project (Bulletin No. 268-07) in Senate with constitutional problems as discriminatory because it limits the exercise of suffrage for Chileans living abroad only for presidential elections. And the project (Bulletin No. 3936-06) in the Lower House, which would solve the discrimination and unconstitutional, to promote the vote of Chileans abroad in presidential elections, parliamentary and local, but that does not have consensus and agreement of the Concertación legislators themselves and less required vote of 4 / 7 in each chamber for being a Constitutional Law.

Who will sponsor the project before the Congress vote of Chileans abroad or take political responsibility for his conduct? "Paulina, Alexander or Andrew? A bit of history.

The Lagos government was awarded the issue to the Ministry of Foreign Affairs, the Foreign Minister Alvear and operation of the DICOEX, so that the Interior Minister Insulza, not included in discussions and negotiations held with the opposition to constitutional reforms. The ministers of the General Secretariat of the Presidency at the time, did not have it in their legislative schedules, and the 2 nd floor either. So what we reported in January 2004 when she had taken the political decision not to legislate, that is, that Chileans living abroad did not participate in the elections of December 2005, from their places of residence but from 2010.

The DICOEX organized a seminar on the important topic with participants from various sectors of the establishment, in November 2001 and funded a study and publication of a book to be presented during 2004 on the alleged appointment of Eduardo Frei Ruiz-Tagle as presidential candidate. Political events followed other paths, so that several hundred copies of the book are trapped in DICOEX offices, in the same way that the draft law with substitutive of President Lagos, by this video from La Moneda conference with the embassies of three cities: Buenos Aires, Madrid and Stockholm in August 2000, lies in a Senate committee.

At the hearing we had with the Minister Zaldívar in April, formally asked to assume the leadership of this project. Moreover, we need you to include it in the reform of the whole electoral law. The answer was recently given the Government with the message quoted at the beginning of this article. Every project must be separately it must also counter with the time factor.

DICOEX The overwhelming complacency. Against our proposal to participate in presidential and parliamentary elections, choosing our own representatives to Parliament, creating a own constituency (the Italian model, do you remember of the Region XIV?) Or voting for parliamentary candidates in our districts voter registration, according to the project of the Socialists (English model) - answer - "The Italian model is not applicable, because Italy is a parliamentary republic and a presidential republic Chile. On the other hand, Italians abroad took nearly 30 years to achieve his goal and we just carry fifteen. "

6 years ago, who signs this note, he wrote an article analyzing the same situation entitled" The year after pill " (CasaChile.cl - 2001) which noted the risk that the proposed vote of Chileans abroad not be processed and that the promise / commitment of President Lagos did not materialize. Unfortunately we were right and more than 850,000 Chileans living in different countries in all continents, were severed their civil rights.

times for reasons of legislative and policy is no indication that this issue will be given priority in the current administration, for which there will always be other legislative priorities: the creation of the Ministry of Public Security, reform of the Organic Law of Education , the binomial electoral system reform, reform the pension system, the creation of the Ministry of Environment, Capital Markets II, the extension of the Guarantee Fund for Small and Medium Enterprises (Fogape), reform the Code of Military Justice, the law on indigenous peoples, creation of new regions, the choice direct the Regional Mayors and members of CORE, tax reform, law outsourcing, new free trade agreement (FTA), the European satellite purchase, and so on. If the political will to achieve the processing of the bill to permit voting of Chileans living abroad in the elections of December 2009, the law should be enacted in September 2008 to be applied to the outside in 2009. The creation of the Electoral Register of Residents Abroad voters must register at the consulate until the hundredth day before the election of December 2009. However, in October 2008 municipal elections are set for that year, as legislative activity in election campaigns.

Until September 2008 the project will complete its study in various legislative committees (Human Rights, Government Affairs, Constitution, Law and Justice, Foreign Affairs and Finance) for a vote in the House of Representatives, first legislative step 4 / 7 votes. The second step will follow in the Senate to become law. If there is no overlap in the proceedings of each House, it shall be a bicameral commission to study and rescue proposals of each House and reformulate it in a single project and be voted with a quorum of 4 / 7.

Still, the law can be passed, but states continue to suffer from legal inequality between Chileans who vote abroad and those who bear in the country, can be observed by the Constitutional Court, in charge of safeguarding the principle of constitutional supremacy , foundation of the rule of law. We again

very complicated political times and disappointing and it seems that the possibility of a Chilean citizen and join the construction of a society with a participatory democracy from the outside, either as a Via Crucis for believers or Buy Game Balls for the wicked. Do not delve into the 2009 presidential likely scenario where each party, both government and opposition, will try to bring their own candidate in the first round: Alvear, Bitar, Girardi, Gomez, Longueira, Piñera, Zaldívar and the return of Lagos for the bicentennial.

But do not despair as they left teaching high school student demonstrations in May, is that to be a citizen, participating in political activities, not required to be registered in the electoral rolls, to exercise voting rights or belong to a political party. Three conditions that did not meet side by not having 18 and not voted in past elections in December and January. However, given a lesson high politics and civic education: that the social and political inclusion can be achieved with other practices, also citizens.

President Carlos Méndez Contreras FedACH


La Plata, Sunday, July 2, 2006: Election Day, Mexican and participation for the first time Mexican voters living abroad. With memories of the friend, Dr. Leticia Calderón Chelius, Research Institute José María Luis Mora and the Institute for Social Research at the National Autonomous University of Mexico.

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