Under the draft, such a state of exception could last for 120 days and be renewed once for an additional 120 days, after which Congress would determine its continuation. The affected territory would fall under the command of a general officer selected by the president. During this period, the executive would have the power to restrict personal liberty, movement, assembly, and association, as well as intercept communications and requisition property. The government presents the reform as a necessary response to criminal structures that operate faster than existing state mechanisms.
The proposal also seeks to give constitutional status to registers of criminal organizations. It would allow the president to designate a group as terrorist or part of organized crime based on a supporting report from the Public Prosecutor’s Office or the National Security Council. The Senate would vote on these designations in secret, requiring a two-thirds majority of the quorum for approval. Additionally, individuals convicted of organized crime or terrorism could face lifelong bans from public office and be excluded from prison benefits or substitute sentences for 15 years.
Contextual data from the United Nations Development Program indicates that Latin America and the Caribbean contain approximately 9 percent of the world’s population but account for roughly one-third of global homicides. While Chile does not produce cocaine on the scale of its neighbors, it serves as a significant destination market and distribution platform, with Pacific ports linking it to Asia, Europe, and the United States. This geographic role makes organized crime deeply embedded in the economy, often operating through transport companies, warehouses, and front businesses rather than just visible violence.
Critics note that Chile has experienced prolonged exceptional rule since 2022, with Congress repeatedly renewing emergencies in four provinces of La Araucanía and Biobío due to recurring violence. The new reform expands the duration and scope of rights that can be restricted, moving toward a longer initial period of executive control. Opponents argue that emergency tools risk becoming the norm, potentially eroding democratic restraints, while the government maintains that security is a fundamental state duty that cannot be compromised by criminal dominance over territory.
The Senate must now navigate the legislative process within the specified 15-day window. The outcome will determine whether Chile adopts these expanded emergency controls and formal criminal designation powers, setting a precedent for how exceptional authority is managed in response to transnational criminal networks.
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