Chile: President Bachelet has sent a constitutional reform of water to the Chilean Congress 12
January
2010
Driven by Public Works Minister Sergio Bitar, this constitutional amendment maximizes water legal status in all states as a national asset for public use.
Chile: President of the Republic, Michelle Bachelet, signed at the Palace of La Moneda a Constitutional Reform Bill amending Article 19 regarding the Legal Regime of Water in Chile under the regime of extreme urgency, bringing to the current constitutional legal recognition of water as national property for public use, regardless of the state in which they are, i.e liquid, solid or gas, remaining in that category and without question, glaciers and snows of the mountains.
"What we're actually doing is much more than propose a new regulation. What we are doing is a political statement at the highest level. And we do from a very deep conviction about the role of the State and the role of citizens with respect to public goods that every State must ensure" the President said.
She stressed that there are a number of public goods that must be guaranteed by the State and that the proposed constitutional reform is pointing to that on an issue "so sensitive and so in the future" as the water because "it is also scarce, and time is limited. By the same token, protection and regulation should be solidly based in the constitutional system, which does not happen today in our country. "
President Bachelet emphasized the long tradition that Chile has regulating water use, "however, in 1981 with the enactment of a new Water Code, there was an imbalance between the common good and interests of a few individuals. " The legislation led to a disproportionate concentration of water use rights for hydroelectric purposes, "concentrating as the Court of Defense of Free Competition has ruled, ninety percent of such assets in just three companies."
This imbalance is partially corrected by Law 20,017, establishing new authority for state administration, "but many of the necessary correction could not be implemented by the constitutional deficiencies that our country has in this area. And that is precisely what we are trying to do now, "said the Head of State.
besides sending this reform, President Bachelet referred to the announcement of "great urgency" for the legal initiatives on strengthening the Public Education and Registration Project that regulates Automatic and voluntary voting, saying that these projects "are in the real heart of my government and both deserve to give you one last push to get them passed. "
"Nobody can say that is not the time for this last legislative agenda, as some have suggested, because truth be told, it will always be time to do right, social progress and push for changes in progress and justice that Chile needs" , stressing that "it will always be time to debate these issues, because that is precisely the essence of democracy."
She stressed that there is a large majority of citizens that have given me a mandate to govern decisively and firmly, and not abandon my responsibility to comply with such a majority until the last day. "
Minister Bitar: "Essential to the future of Chile"
In turn, Public Works Minister Sergio Bitar, who was the instigator of this initiative as chairman of the Water Committee of Ministers, said that "eight ministers worked on this and prepared, about six or eight months, a proposal that was also made known to all presidential candidates on the grounds that it is essential for the future of Chile. "
"The decision that President Bachelet made is essential to the future of the country and for the common good. What we have today in the Constitution on the water is completely inadequate. It comes from the year 80, during the dictatorship and all it says about water is that constituted the private property rights. And that is perpetual, "he said.
The draft constitutional reform, therefore, open a vital debate for the future in the world and in Chile to the water shortage, the most appropriate use of that water, water and the subordination of market regulation to comply the national good of public use and public interest.
Public Works Minister Sergio Bitar said that "the large economic groups, unfortunately, have not taken this up well and are concerned rather with maintaining the status quo. This status quo is not good for production nor for equality ".
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