Human Rights Watch Calls for Rejection of Kast’s «Dangerous Power Grab» Amid Constitutional Security Reform

Original article: Human Rights Watch acusa “peligrosa usurpación de poder” en reforma de Kast y llama al Congreso a rechazarla

Human Rights Watch (HRW) urged the Chilean Congress on Tuesday to reject the constitutional reform related to security proposed by President José Antonio Kast, asserting that the initiative represents a «dangerous usurpation of power» that threatens fundamental rights and the institutional balance of the country.

The bill, which was submitted to the Senate on August 18, includes eight modifications to the Constitution. La Moneda argues that it aims to strengthen the fight against organized crime. However, HRW warned that the proposal grants the president virtually unlimited authority to declare states of emergency in any situation deemed an imminent threat to public safety, adding to the four types of emergency states already outlined in the Constitution .

The new state of emergency for «public safety» could last up to 240 days without congressional approval, a duration that HRW deemed excessive for an exceptional regime . During this time, Kast would be empowered to «suspend or restrict personal freedom, movement, and the right to assemble», as well as to «limit the exercise of the right to associate; intercept, open, or search documents and all forms of communication, and requisition goods» .

The proposal also specifies that the management of the «affected area» would be entrusted to a General Officer of the Armed Forces or Carabineros directly appointed by the President . Additionally, it grants the president a new power to declare certain groups as terrorist or criminal organizations without outlining the legal ramifications of such a designation, as well as the creation of «differentiated prison regimes» that would impose visitation restrictions and limits on benefits for certain categories of detainees.

Human Rights Watch emphasized that the breadth of these powers violates the international commitments made by Chile. The organization reminded that Article 4 of the International Covenant on Civil and Political Rights allows for the suspension of human rights obligations only in «exceptional situations that threaten the life of the nation» and requires that measures be «strictly limited to the demands of the situation» .

It also noted that similarly, Article 27 of the American Convention on Human Rights stipulates that any suspension of guarantees must be strictly necessary, proportionate to the emergency, and «consistent with other obligations of international law».

“The proposed constitutional reforms threaten the rights of Chileans and jeopardize their institutions,” emphasized Juanita Goebertus, director for the Americas at Human Rights Watch . “This is a dangerous usurpation of power that risks the rights of all Chileans,” she emphasized in a press release.

The organization concluded that the proposed reforms, «with their broad grant of powers to suspend or restrict fundamental human rights, do not comply with, nor attempt to comply with, Chile’s international obligations» .

“Instead of protecting Chileans, this proposal, which creates a new type of state of emergency and expands presidential powers, undermines the rights to freedom of assembly and association,” Goebertus asserted .