Communist Party of Chile leads to challenge legality of "Shield of the Americas"

Deputies are seeking a ruling on the legality of Chile’s accession to the so-called "Shield of the Americas," an initiative promoted by the United States that the Government joined on September 22.

The lawmakers allege that the Government publicly presented the Shield of the Americas as a coordination mechanism to combat organized crime, even though the declaration signed by Chile includes commitments regarding economics, security, intelligence, and multilateral coordination. The petitioners argue that these details reveal a "disguised international treaty"—whose true scope was not transparently communicated to the nation—that poses a threat to national sovereignty.

Among the aspects being challenged are provisions aimed at safeguarding critical mineral supply chains—which could involve strategic resources for Chile such as copper and lithium—and the activation of mechanisms under the Inter-American Treaty of Reciprocal Assistance (TIAR) to promote "collective action" against narco-terrorist organizations. Regarding this latter point, the petition argues that this could result in broad authorization for the entry and operation of foreign armed forces within national territory. In this regard, Communist Party of Chile Deputy Luis Cuello accused the government of concealing the true scope of the agreement from the country. “The ‘Shield of the Americas’ is a covert international treaty. From that perspective, the government has misled the country: it wants to pass off as a mere agreement of good intentions something that is actually a political agreement—one that establishes obligations for states and, furthermore, poses a danger and a threat to Chile’s sovereignty on several fronts,” he stated.

“This puts Chile’s copper and lithium at risk by offering them to the United States in a way that undermines our sovereignty. Secondly, this agreement is also dangerous regarding the potential for foreign military operations within Chile. What does that mean? Ultimately, it seeks broad authorization for foreign forces—specifically U.S. forces—to operate on national territory, effectively bypassing the law,” he added.

Meanwhile, Deputy and Communist Party caucus leader Daniela Serrano stated, “It is important for us to have a ruling from the Comptroller General’s Office, because of the interpretation held not only by lawmakers but also by the general public: what is this accession to the ‘Shield of the Americas’ if not a treaty? An international treaty must go through the National Congress; we aren't just talking about cooperation on organized crime—which is undoubtedly a sensitive issue—but they cannot hide the fact that a deceptive treaty lies behind this, as it places conditions on our economic sovereignty and control over our critical minerals. We want to make it clear that this is not merely an interpretation held by lawmakers; the Chilean State must take all necessary steps to defend its sovereignty.”

For her part, Communist Party Deputy Irací Hassler commented: “Over the past six months, the government has been characterized by its failure to listen to what various political actors, the evidence, or the citizenry have been saying.” "But it is time to change course—and, for once, to listen—because we cannot have an agreement that puts Chile’s sovereignty, our critical minerals, and our economic decisions at stake in deference to United States interests. For the good of Chile, we hope the government takes a step back and corrects its course."