A write-up of the current state...
In case you're interested in so much detail. Though frankly the military don't bother me, but the endless cars blowing their horns and people bashing saucepans with wooden spoons is going to cause my head to explode. It's horrendous. This is what Chileans do when they take to the streets. Well, the ones that are not actually wrecking s***..
What is an estado de emergencia?
Literally "state of emergency", it is one of four possible Estados de Excepción Constitucional, in which normal civil rights and liberties may be suspended (PDF; bit.ly/2P33mU6 ; www.leychile.cl/Navegar?idNorma=29824). The President of the Republic (Piñera) may declare this following "grave alterations of the public order" with the approval of the National Security Council. President Piñera declared a state of emergency for the greater Santiago area shortly after midnight, 19 October 2019 ( twitter.com/sebastianpinera/status/1185393389786689536 ).
Which areas are affected?
Basically all of urban Santiago, as well as some outlying areas. The state of emergency was declared for the provinces of Santiago and Chacabuco as well as the communes of San Bernardo and Puente Alto (which are part of urban Santiago but in different provinces). If you live in an urban area in the Valle Central north of the Maipo River, you are likely affected ( www.cnnchile.com/pais/presidente-pinera-decreta-estado-de-emergencia_20191019/ ).
Is this martial law?
In Chile there is no real equivalent to either the Insurrection Act or the Posse Comitatus Act, and the President has much more power to delegate civil authority to military officials. Piñera named an Army general to the post of Chief of the National Defense ( bit.ly/2oVcWxI ), and as part of his powers, he may mobilize and direct any military forces in the affected zone to maintain public order within the area. A general mobilization of all service members in Santiago has been ordered ( bit.ly/35OwcO7 ). As the military is charged with keeping order (see next section), technically this is a form of martial law, although it falls short of establishing military courts (see estado de sitio below).
What could happen?
Articles 42 and 43 of the Constitution of Chile ( leyes-cl.com/constitucion_politica_de_chile/42.htm ) broadly define the effective changes. Most pertinently, the President may:
-Restrict freedom of movement.
-Restrict freedom of assembly.
However, Law 18.415 (which regulates the Constitution, per Article 44; www.leychile.cl/Navegar?idNorma=29824 ) goes waaay beyond just that, permitting the Chief of the National Defense to:
-Take control of the armed forces and public safety to "velar por el orden público y de reparar o precaver el daño o peligro para la seguridad nacional que haya dado origen a dicho estado". I am having trouble translating the subtext here, but roughly this seems to mean keeping public order and restore or safeguard national security.
-Authorize and regulate public gatherings.
-Control transit within and in-and-out-of the affected zone.
-Take measures to secure works of art, public utilities, mines, industry, and other services.
-Provide all instructions to maintain internal order in the zone.
That was far too vague. What will actually happen with regards to the military?
The armed forces will be "patrolling," but as of Saturday morning there will be no curfew (toque de queda) nor other restrictions ( bit.ly/2MNptek ). These, as well as other limits, could happen in the future.
For how long will this go on?
15 days for this declaration, or until 3 November. The President can double the duration at their discretion ( leyes-cl.com/constitucion_politica_de_chile/42.htm ).
Further extensions need only denial from the National Congress. Per Article 40 ( leyes-cl.com/constitucion_politica_de_chile/40.htm ), if the National Congress for whatever reason neither accepts nor rejects the extension within 5 days of the proposal, it is assumed that the Congress accepts the extension.
What is an estado de sitio and why do people care?
An estado de sitio, or "state of siege," is the other state of constitutional exception that can be declared for domestic unrest without a natural disaster or foreign invasion. It is like a state of emergency on steroids, the main change being it additionally gives the President the power to either place peope under house arrest or hold them in special detention centers ( leyes-cl.com/constitucion_politica_de_chile/43.htm ). Wartime military tribunals will also be in effect in the affected zone if a "rebel force" or "seditious persons militarily organized" are identified. This is would be martial law as you likely have envisioned it.
The provisions of the state of siege are quite similar to conditions under the dictatorship, and therefore the is highly controversial to say the least.
What other institutions are affected?
By law, none at this point, but many have decided to suspend activities over the weekend anyway. There will be no metro over the weekend, and many universities are closed--check with any local businesses or institutions before making plans!
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