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Once again, the lack of a more solid institutional framework in terms of probity and transparency is put at the center of the discussion in Chile. It is a historic opportunity to take profound measures and structural changes that serve to dignify the role of the State and the institutions that support it.
One of those necessary and urgent reforms that could be carried out is that the Council for Transparency has constitutional rank, as well as other autonomous organizations such as the Central Bank, the Comptroller General of the Republic, the National Television Council, the Electoral Service , the Constitutional Court or the Public Ministry. These have been greatly strengthened by being part of the fundamental letter.
Consequently, what is at issue is that the powers that the Council for Transparency currently has, such as promoting, supervising and sanctioning State bodies in matters of publicity, transparency and access to information (acts, foundations and procedures), as well as the appointment of its advisors, are part of the Constitution, and not only as part of law No. 20,285 existing in the country.
In the same sense, the fact that the Council for Transparency is in the fundamental charter only enhances what appears in article 8 of the current Constitution, which requires that public functions be carried out within the framework of probity, thus providing a powerful supervisory and sanctioning tool, which unfortunately has still taken a while to make its work known to the general population, who are largely unaware of its operation.
Likewise, the fact that the Council for Transparency has constitutional status will allow all the commissions and laws that have been approved since the return to democracy, within the framework of transversal political reforms for probity, to have a much stronger specialized body in regarding accountability on the part of the authorities and compliance with regulations that respond to a citizenry that is tired, distrustful and deeply uneasy against institutions in general.
It is in this last point, social unrest, that it becomes essential to see that the lack of transparency and access to public information only deepens it and weakens democracy, since it gives rise to the appearance of opportunistic sectors, supposedly enlightened and pure, that begin to talk about political caste to only shoot against the institutions, instead of proposing structural reforms that truly address the problem.
It is true, although the first constitutional proposal written in 2022, but not the second from last year, the Council for Transparency was present in article 189, it had a bad ending in the result of the plebiscite, but that is not why We are going to leave things as they are and refuse to make reforms to the current constitution, whether we like it or not, it is what we have and it needs changes like this.
For this reason, we will no longer be in a constituent moment in Chile, but in a moment that requires political authorities to seriously believe that transparency and access to public information are a human right that must be guaranteed, as important as other existing ones, so giving constitutional status to the Council for Transparency can be a new beginning to restore citizens’ trust in the State.
Of course, this trust will not be automatic, once the Council for Transparency is part of the Constitution, but it is a firm and clear signal that corruption will never be accepted, through an autonomous body specifically in charge of receiving complaints. on behalf of Chileans, who see that their rights are being violated, having the support of a Magna Carta that must be reformed in this matter.
Furthermore, no one could doubt how important and positive the creation of the Council for Transparency has been for the country, which is why granting it more legal weight, powers and more resources becomes an obligation in these moments of discredit of the institutionality, after different cases of existing corruption.
Having said all the above, let’s hope that the executive and legislative powers agree on something so important for Chile, on the eve of a municipal and regional election in the month of October, that puts transparency and participation as its main banners, so that probity is a constant and becomes customary for all of us who work in the public sector.
