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CHILE
Cámara de Diputados (Chamber of Deputies)

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

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GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Congreso Nacional / National Congress
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Structure of parliament Bicameral
Chamber name (generic / translated) Cámara de Diputados / Chamber of Deputies
Related chamber (for bicameral parliaments) Senado / Senate
Affiliation to the IPU Yes
Affiliation date(s) 1958 - 1973
1990 -
LEADERSHIP
President Nicolás Monckeberg Díaz (M) 
Notes Elected on 20 March 2012.
Secretary General Adrián Alvarez (M) 
Notes Appointed on 16 Mar. 2010.
COMPOSITION
Members (statutory / current number) 120 / 120
PERCENTAGE OF WOMEN


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Women (current number) 17 (14.17%)
Mode of designation directly elected 120
Term 4 years
Last renewal dates 13 December 2009
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CONTACT INFORMATION
Address Cámara de Diputados
Avda Pedro Montt s/n
VALPARAISO
(Export mailing lists)
Phone (56 32) 250 54 86
Fax (56 32) 250 54 88
E-mail asuntosinternacionales@congreso.cl
Website
http://www.congreso.cl
http://www.camara.cl/

ELECTORAL SYSTEM

Parliament name (generic / translated) Congreso Nacional / National Congress
Structure of parliament Bicameral
Chamber name (generic / translated) Cámara de Diputados / Chamber of Deputies
Related chamber (for bicameral parliaments) Senado / Senate
LEGAL FRAMEWORK
Electoral law 19 April 1988
Last amendment: 16/08/1990
Mode of designation directly elected 120
Constituencies 60 multi-member (2 seats) constituencies.
Voting system Majority: Closed party-list majority system, with seats allocated binomially, as follows:
- if the majority party obtains more than two-thirds of the valid votes cast, it is entitled to the two seats of the constituency
- if it obtains less than two-thirds, it is entitled to one seat and the second seat goes to the second-placed party
Vacancies of elective seats arising between general elections are filled by a nominee selected by the same party.
Voting is compulsory, failure to do so leading to a possible fine.
Chileans living overseas are not entitled to vote.
Voter requirements - age: 18 years
- Chilean citizenship (or foreigners residing in Chile for more than 5 years)
- disqualifications: death sentence, personal restraint or penal servitude, insanity, criminal conviction entailing a grave penalty (three years and one day or more)
CANDIDATES
Eligibility Qualified electors
- age: 21 years
- Chilean citizenship
- completion of secondary education or the equivalent
- residence in the constituency for at least two years prior to the election date
Incompatibilities - office of Minister of State
- certain public or State-related posts
- government contractor
Candidacy requirements - membership of political party or coalition of parties, although independent candidatures also possible;
- each party or coalition can nominate two candidates per constituency;
- independent candidates require support of electorate equalling at least 0.5% of the votes cast in their constituency at the previous elections

LAST ELECTIONS

Parliament name (generic / translated) Congreso Nacional / National Congress
Structure of parliament Bicameral
Chamber name (generic / translated) Cámara de Diputados / Chamber of Deputies
Related chamber (for bicameral parliaments) Senado / Senate
BACKGROUND
Dates of election / renewal (from/to) 13 December 2009
Timing and scope of renewal Elections were held for all the seats in the Chamber of Deputies on the normal expiry of the members' term of office.
The 2009 parliamentary and presidential elections were the first to be held since the death of Augusto Pinochet, the country's dictator between 1973 and 1990. The centre-left Coalition for Democracy (CPD) had led the country since 1990.

In the previous elections, which were held in December 2005, the CPD won 65 of the 120 seats in the Chamber of Deputies; it also won 11 of the 20 seats renewed in the Senate, making a total of 20 seats in the full 38-member Senate. The CPD comprised the Socialist Party (PS), the Christian Democrat Party of Chile (PDC), the Party for Democracy (PPD) and the Radical Social-Democratic Party (PRSD). Its main rival, the centre-right Alliance for Chile (APC), took 54 seats in the Chamber of Deputies and eight of the seats up for renewal, for a total of 17 seats in the Senate. The APC comprised the Independent Democratic Union (UDI) and the National Renovation Party (RN). In the presidential elections, CPD candidate Michelle Bachelet won over RN candidate Sebastián Piñera Echenique, becoming the first Chilean woman to assume the post.

In 2008, the country's economy, which is largely dependent on copper exports, was severely hit by the global economic crisis but recovered in short order thanks to copper revenues. Ms. Bachelet's administration was dealt a blow in October 2008 when centre-right parties won more mayorships than the CPD in local elections.

Although Ms. Bachelet enjoyed high popularity - she had a 77 per cent approval rating shortly before the elections - she was constitutionally barred from running for a second consecutive term. The CPD backed former president Eduardo Frei Ruiz-Tagle, whose father, Mr. Eduardo Frei Montalva (PDC), had also served as president in the 1960s. A newly created centre-right alliance, the Coalition for Change (CC), backed Mr. Piñera. The CC included the RN, the UDI, ChileFirst and the List B Independents. In addition, two other coalitions - Clean Chile-Vote Happy and the New Majority for Chile - and the Pactfree Independents were also vying for seats.

No centre-right candidate had won the presidency since 1958. However, in 2009, internal splits in the CPD reportedly gave a boost to the centre-right camp. In addition to the CPD's Eduardo Frei, two left-wing candidates were running for president. In May 2009, Mr. Marco Enríquez-Ominami Gumucio announced that he would run as an independent candidate representing the "progressive left". The CPD criticized Mr. Enríquez for splitting the vote on the left. Mr. Enríquez is a son of Mr. Miguel Enríquez Espinosa, the founder of the Revolutionary Left Movement (MIR) who was assassinated by Pinochet's junta. Mr. Jorge Arrate MacNiven of the Communist Party (CP) led a far-left coalition, Together We Can Go Further, comprising over 50 parties and organizations, including the CP, the Humanist Party, the Christian Left among others.

Despite Ms. Bachelet's popularity, the CPD's candidate appeared to face an uphill battle to overcome memories of his first presidency (1994-2000), which had been overshadowed by the Asian financial crisis and soaring unemployment. He promised to continue Ms. Bachelet's policies, renewed his commitment to environmental protection and human rights, and pledged to fight exclusion and discrimination.

Meanwhile, the centre-right CC presented a united front. Mr. Piñera (RN), a wealthy businessman, urged voters to support "a true renaissance" of the country and pledged to build prudent fiscal policies. He promised corporate tax breaks and job subsidies to attract more investment. Some of Mr. Piñera's advisors had worked under Mr. Pinochet's regime. His opponents argued that his rule would be as "iron-fisted" as that of the former dictator. Such criticisms reportedly had little impact among the youngest voters, who were born after the end of the dictatorship.

In the capital, Santiago, the centre-right coalition was challenged by Mr. Rodrigo García Pinochet, a grandson of the former leader who was running for a seat in the Chamber of Deputies as an independent. His campaign used photos of his grandfather in a bid to win support in a constituency comprising two of the richest municipalities in the capital.

A total of 86.66 per cent of 8.3 million registered voters cast their ballots for the elections to the Chamber of Deputies, while 84.63 per cent of 2.4 million registered voters for the partial Senate elections did so.

In the Chamber of Deputies, the CC won 58 seats, one more than the CPD. Clean Chile-Vote Happy and the Pactfree Independents took three and two seats respectively. In the Senate, the CC and the CPD took nine seats each out of the 18 seats at stake. However, the CPD remained the largest force in the Senate with 19 seats, the CC holding 16. Seventeen women were elected to the Chamber of Deputies and three to the Senate, which comprised a total of five women after the 2009 renewal.

Mr. Pinochet failed to win the seat he was contesting, receiving only 10 per cent of the votes, far less than the two CC candidates, who were elected with over 30 per cent of the vote each.

In the presidential elections, no candidate secured the requisite majority in the first round. A run-off election between Mr. Piñera, who won 44 per cent of the vote, and Mr. Frei, who took 29 per cent, took place on 17 January 2010. Mr. Piñera (RN) was elected with 52 per cent of the votes.
STATISTICS
Voter turnout
Round no 113 December 2009
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
8'285'186
7'179'762 (86.66%)
640'192
6'539'570
Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Coalition for Change (CC) 120 2'841'314 43.44
Coalition for Democracy (CPD) 120 2'901'503 44.36
Clean Chile-Vote Happy (Chile Limpio Vote Feliz) 92 353'325 5.40
Pactfree Independents (Fuera de Pacto) 18 144'663 2.21
Distribution of seats
Round no 1
Political Group Total of seats
Coalition for Change (CC) 58
Coalition for Democracy (CPD) 57
Clean Chile-Vote Happy (Chile Limpio Vote Feliz) 3
Pactfree Independents (Fuera de Pacto) 2
Distribution of seats according to sex
Men

Women

Percent of women
103

17

14.17%
Distribution of seats according to age
21 to 30 years

31 to 40 years

41 to 50 years

51 to 60 years

61 to 70 years

Over 70 years

Unknown

2

26

25

36

19

2

10

Distribution of seats according to profession
Legal profession

Education profession

Physician, dentist

Agriculture/farming

Finance, management or business

Research/sciences

Architect, surveyor, engineer

Others

Entrepreneur

Writer, literary, artist

Civil service and local authority administration

Clerical, secretarial, administration

Economist

Political party official

Journalism, broadcasting, media

Trade union official

Social worker

33

13

13

10

10

9

9

8

3

2

2

2

2

1

1

1

1

Comments
Sources:
http://www.elecciones.gov.cl/Sitio2009/index.html
IPU Group (21.12.2009, 29.01.2010, 15.02.2010)
http://elecciones.gob.cl/
http://www.servel.cl

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Congreso Nacional / National Congress
Structure of parliament Bicameral
Chamber name (generic / translated) Cámara de Diputados / Chamber of Deputies
Related chamber (for bicameral parliaments) Senado / Senate
APPOINTMENT AND TERM OF OFFICE
Title President of the Chamber of Deputies
Term - duration: 1 year
- reasons for interruption of the term: resignation or decision of the Chamber of Deputies to end the President's term, death
Appointment - elected by all the Deputies
- election takes place during the first constituent meeting of the Chamber of Deputies, after the Members' mandate has been validated and after they are sworn in
Eligibility - any Deputy may be candidate
Voting system - formal vote by secret ballot
- several rounds are held in the event of a tie or if no candidate obtains an absolute majority of votes of Deputies present
- the second and subsequent rounds are held between the two candidates who have obtained the largest number of votes in the previous round
Procedures / results - the former President or Vice-President of the House, in their absence, the Deputy who has served must often as President, presides over the Assembly during the voting. Should two candidates have served identical lengths of time, the choice shall be made by alphabetical order of the names
- The Secretary General supervises the voting
- the former president announces the results of the election
- the result cannot be challenged
STATUS
Status - ranks fourth in the hierarchy of State
- the President of the Senate takes precedence over the President of the Chamber of Deputies
- represents the Chamber of Deputies with the public authorities
- represents the Chamber of Deputies in international bodies
- is ex officio President of the Committee on Internal Affairs of the Chamber of Deputies
- in the absence of the President, the Vice-Presidents can assume his/her role and functions
Board
Material facilities - allowance as a Deputy
- official car
FUNCTIONS
Organization of parliamentary business - convenes sessions
- establishes and modifies the agenda
- organises the debates and sets speaking time
- examines the admissibility of bills and amendments
- refers texts to a committee for study
Chairing of public sittings - opens, adjourns and closes sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the Assembly. The Secretary General may also make announcements in relation to procedural matters.
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up and selects which amendments are to be debated
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum, together with the Secretary General
- interprets the rules or other regulations governing the life of the Assembly with the agreement of the House
- has discretionary power to give the floor outside the agenda and thus organises impromptu debates
Special powers - makes proposals to the President of the Republic for establishing the budget
- recruits, assigns and promotes staff
- appoints the Secretary General
- organises the services of Parliament
- is responsible for relations with foreign parliaments
- is responsible for safety and in this capacity, can call the police in the event of disturbance in the Chamber
Speaking and voting rights, other functions - takes the floor in legislative debates in his/her capacity of Deputy
- provides guidelines for the interpretation or completion of the text under discussion together with the Secretary General
- takes part in voting
- proposes bills or amendments in his/her capacity of Deputy
- intervenes in the parliamentary oversight procedure in his/her capacity of Deputy
- ensures the constitutionality of laws by declaring a bill unconstitutional

PARLIAMENTARY MANDATE

Parliament name (generic / translated) Congreso Nacional / National Congress
Structure of parliament Bicameral
Chamber name (generic / translated) Cámara de Diputados / Chamber of Deputies
Related chamber (for bicameral parliaments) Senado / Senate
NATURE
Nature of the mandate · Free representation
Start of the mandate · When MPs take the oath (Art. 32 (2) of the Standing Orders of the Chamber of Deputies). Procedure (Art. 32 (1) to (3), 42 and 43 of the Standing Orders).
Validation of mandates · Validation by the Electoral Court (Art. 84 of the Constitution of 11.08.1980, with the amendments of 22.12.1997)
· Procedure (Art. 84 of the Constitution)
End of the mandate · On the day when the legal term of the House ends
Can MPs resign? No · Resignation is not covered by the Constitution
Can MPs lose their mandate ? Yes (a) Loss of mandate by judicial decision:
- Sentencing to punishment entailing penal servitude, in criminal proceedings, via a final judgement
- Unauthorised absence from the country, incompatibilities, etc. (Art. 57 and 82, N° 11 and N° 12 (17) of the Constitution, Art. 35 to 37 of the Standing Orders of the Chamber of Deputies)
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament:
1. The President
2. The First Vice-President
3. The Second Vice-President
4. The other deputies
Indemnities, facilities and services · Diplomatic passport
· Basic salary (see Art. 59 of the Constitution): corresponds to the salary of a State minister
· No exemption from tax
· No special pension scheme:
· Other facilities:
(a) Secretariat (see also Art. 314 to 321 of the Standing Orders of the Chamber of Deputies)
(b) Assistants
(c) Official housing
(d) Official car for the President and Vice-Presidents
(e) Security guards for the President
(f) Limited postal and telephone services
(g) Travel and transport
Obligation to declare personal assets No
Parliamentary immunity - parliamentary non-accountability · The concept exists (Art. 58 (1) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (Art. 90 (1), N° 5, Art. 273, N° 5 of the Standing Orders of the Chamber of Deputies; see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
Parliamentary immunity - parliamentary inviolability · The concept exists (Art. 58 (2) to (4) of the Constitution).
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, and from the opening of judicial proceedings against them. It does not protect them from their homes being searched.
· Derogations: in cases of flagrante delicto, immunity does not have to be lifted and deputies are immediately handed over to the respective Court of Appeal, with the corresponding summary information (Art. 58 (3) of the Constitution).
· Protection is provided from the start to the end of the mandate and does not cover judicial proceedings instituted against MPs before their election. However, if criminal proceedings have been brought against a candidate, his eligibility shall be suspended (Art. 16 and 44 of the Constitution).
· Parliamentary immunity (inviolability) can be lifted (Art. 58 (2) of the Constitution):
- Competent authority: the Court of Appeal of the corresponding jurisdiction
- Procedure (Art. 58 (2) and (4) of the Constitution). In this case, MPs cannot be heard. They do have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its Members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
EXERCISE OF THE MANDATE
Training · There is no training/initiation process on parliamentary practices and procedures for MPs.
· Handbooks of parliamentary procedure:
- Constitutional Organic Law of the National Congress
- Standing Orders of the Chamber of Deputies
Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings, committee and other meetings) (Art. 32 (4) of the Standing Orders of the Chamber of Deputies).
· Penalties foreseen in case of failure to fulfil this obligation: (Art. 76, 77 and 227 of the Standing Orders): salary deductions
· Body competent to judge such cases/to impose penalties: the Committee on Internal Affairs, Administration and Rules
Discipline · The rules governing discipline within Parliament are contained in Art. 33, 90 to 93, 201, and 273 to 276 of the Standing Orders of the Chamber of Deputies.
· Disciplinary measures foreseen (Art. 91 (1) and 274 (1) of the Standing Orders):
- Call to order
- Warning with fine
- Censure with fine
-Forfeiture of speaking rights with fine
- Forfeiture of speaking rights for three consecutive sittings with fine
· Specific cases:
- Offence or insult (Art. 90 (1), N° 5, Art. 273, N° 5 of the Standing Orders): call to order, warning with fine, censure with fine, forfeiture of speaking rights with fine, forfeiture of speaking rights for three consecutive sittings with fine
- Ban on the carrying of firearms (Art. 33 and 201 of the Standing Orders of the Chamber of Deputies): suspension for one, two or six months
· Competent body to judge such cases/to impose penalties:
- Call to order, warning with fine, censure with fine, forfeiture of speaking rights with fine, offence or insult, ban on the carrying of firearms: the President
- Loss of speaking rights for three consecutive sittings with fine offence or insult: the Chamber; the President
· Procedure:
- Disciplinary measure, offence or insult: (Art. 90 to 93 and 273 to 276 of the Standing Orders of the Chamber of Deputies)
- Ban on the carrying of firearms (Art. 33 and 201 of the Standing Orders of the Chamber of Deputies)
Code (rules) of conduct · This concept does not exist in the country's juridical system but the reading of a bill on a code of conduct is already well along in the Chamber of Deputies. In addition, there are some relevant provisions (Art. 57, 58 (2) and (4), and Art. 82, N° 11 and N° 12 (17) of the Constitution, Art. 35 to 37 of the Standing Orders of the Chamber of Deputies).
· Penalties foreseen for violation of the code of conduct:
- Loss of mandate (Art. 57 and 82, N° 11 and N° 12 (17) of the Constitution, Art. 35 to 37 of the Standing Orders; unauthorised absence from the country, incompatibilities, etc.)
- Suspension, loss of mandate (Art. 38 (2) and (4) of the Constitution: sentencing to punishment involving penal servitude, in criminal proceedings, via a final judgement)
· Competent body to judge such cases/to impose penalties:
- Loss of mandate: the competent court
- Suspension, loss of mandate: the Constitutional Court
· Procedure:
- Loss of mandate (Art. 57 and 82, N° 11 and N°12 (17) of the Constitution, Art. 35 to 37 of the Standing Orders of the Chamber of Deputies)
- Suspension, loss of mandate (Art. 58 (2) and (4) of the Constitution)
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 22 March 2012
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