The Chilean Constitution of 1988

36.3.5: The Chilean Constitution of 1988

Due to pressure from big business, the international community, and general unease with his rule, Pinochet was denied a second eight-year term as president during the 1988 national plebiscite.

Learning Objective

Describe the circumstances of the 1988 national plebiscite

Key Points

  • Following the September 11, 1973, coup d’etat, General Pinochet was designated president of the newly established military junta government on what was supposed to be a rotating basis with three other junta members.
  • Shortly thereafter, the junta established an advisory committee and Pinochet staffed it with his loyal Army officers. One of the first recommendations brought forward by the committee was to do away with the idea of a rotating presidency.
  • On September 11, 1980, a constitutional referendum took place in which the new Chilean constitution was approved by 67% of voters.
  • The new constitution established a transition period of eight years during which Pinochet would continue to exercise executive power. Before the end of that period, a candidate for president was to be proposed and ratified by registered voters in a national plebiscite.
  • On August 30, 1988, Pinochet was declared the presidential candidate, and on October 8, 1988, Pinochet was denied a second eight-year term by 54.5% of the vote.
  • Open presidential and congressional elections were held in December 1989, and the new democratically elected president, Patricio Aylwin of the Christian Democratic Party, assumed power on March 11, 1990.

Key Terms

military junta
An oligarchic form of government that differs from a civilian dictatorship in a number of ways, including motivations for seizing power, the institutions through which rule is organized, and the ways in which leaders leave positions of power. Many military juntas have viewed themselves as saving the nation from corrupt or myopic civilian politicians. Military leaders often rule as a junta, selecting one as the head.
plebiscite
A type of voting or method for proposing laws, often to change the constitution or government of a country.

 

Leadership and the 1980 Constitution

Following the September 11, 1973, coup d’etat, Army General Augusto Pinochet was designated president of the newly established military junta government. He and Air Force General Gustavo Leigh, Navy Admiral Jose Toribio Merino, and Carabinero Chief General Cesar Mendoza verbally agreed to rotate presidential duties, but shortly thereafter, the junta established an advisory committee and Pinochet staffed it with his loyal Army officers. One of the first recommendations brought forward by the advisory committee was to do away with a rotating presidency, arguing it would lead to too many administrative problems and confusion. In March 1974, Pinochet verbally attacked the Christian Democratic Party and stated there was no set timetable for the country’s return to civilian rule. Concurrently, a commission set up by the junta was working on drawing up a new constitution. By October 5, 1978, the commission had finished its work. During the next two years, the proposed outline was studied by the Council of State, presided over by former president Jorge Alessandri. In July 1980, a draft of the constitution was presented to Pinochet and the governing junta.

On September 11, 1980, seven years after the coup d’etat that brought the military junta to power, a constitutional referendum took place in which the new constitution was approved by 67% of voters. Some observers, however, argued that the referendum was carried out in a highly irregular way and the outcome was thus fraudulent. Nonetheless, the new constitution took effect on March 11, 1981, and established a transition period of eight years during which Pinochet would continue to exercise executive power and the junta would yield legislative powers. Before the end of that period, a candidate for president was to be proposed by the Commanders in Chief of the Armed Forces and Carabinero Chief General for a subsequent term of eight years, and the proposed candidate would need to be ratified by registered voters in a national plebiscite. On August 30, 1988, Pinochet was declared the presidential candidate.

Original ballot from the 1988 plebiscite

Original ballot from the 1988 plebiscite

Plebiscite of October 8, 1988

The military junta began to shift leadership tactics in the late 1970s. Due to increasing resistance and attendant problems with General Pinochet’s rule, Air Force General Gustavo Leigh was expelled from the junta in 1978 and replaced by General Fernando Matthei. Throughout the 1980s, the government gradually permitted greater freedom of assembly, speech, and association, including trade union activities. In 1985, Cesar Mendoza, a member of the junta since 1973, was forced to resign as a result of the Caso Degollados (“slit throats case”) in which three Communist Party members were assassinated. The following year, Carmen Gloria Quintana, a woman detained by an army patrol during a street demonstration against Pinochet, was burned alive in what became known as the Caso Quemado (“burnt alive case”), rallying those who believed the country should move towards a more democratic form of governance. It was in this context that the 1988 Chilean national plebiscite took place, in which voters would accept or reject a single candidate proposed by the military junta.

Carmen Gloria Quintana in 1987

Carmen Gloria Quintana in 1987: Quintana, a Chilean woman detained during a street demonstration against Pinochet, was burned alive in what became known as the Caso Quemado (“burnt alive case”).

The plebiscite presented two choices to voters: vote yes and extend Pinochet’s mandate for another eight years, or vote no and Pinochet and the junta would continue in power for only one more year. The outcome was that Pinochet was denied a second eight-year term by 54.5% of the vote. Presidential and parliamentary elections would take place three months before Pinochet’s term expired, with the newly elected president and Congress taking office March 11, 1990. The fact that the dictatorship respected the results is attributed to pressure from big business, the international community, and general popular unease with Pinochet’s rule. Open presidential and congressional elections were held in December 1989, and the new democratically-elected president, Patricio Aylwin of the Christian Democratic Party, assumed power as planned in March. Due to the transitional provisions of the constitution, Pinochet remained as Commander-in-Chief of the Army until March 1998.

Attributions