(EyS note: We reproduce here an extract from the December 1988 television programme “Década 90”, as published in “La Segunda” on 26 December 1988. This exchange confirms that, just fifteen months before taking office as President, Patricio Aylwin regarded the 1981 Mining Law as unconstitutional. Had his incoming government repealed it, private mining in Chile would simply not exist, and the economy would have been denied the great leap forward it enjoyed over the subsequent two decades. Aylwin’s later, radical change of position must be warmly applauded; it proved immensely beneficial for the country. Historical accuracy, however, requires us to record the plainly mistaken stance then held by the political coalition on the verge of assuming power. The fact that, in the 44 years and eight administrations since its enactment, no government has touched the “full concession” regime is the most eloquent testimony to its overwhelming value to Chile.)

 

In the final 1988 edition of Canal 11’s *Década 90*, a sharp exchange on the legal status of mining property rights pitted Patricio Aylwin, president of the Christian Democratic Party, against José Piñera, the former mining minister.

 

Asked to state the Christian Democrats’ position on mining property, Aylwin replied:

 

“I adhere to the doctrine enshrined in the Constitution itself: the state enjoys an overriding, inalienable dominion over mineral substances. I do not believe that the Constitutional Organic Law on Mining Concessions – which in practice confers genuine ownership of those substances – is truly compatible with the classic Chilean understanding of the matter or with the actual text of the Constitution.”

 

Piñera responded:

 

“The Constitutional Organic Law on Mining Concessions was upheld unanimously by all seven judges of the Constitutional Tribunal – the same tribunal that has played so decisive a role in recent political events. The law is therefore entirely constitutional and safeguards the property rights of tens of thousands of miners. If you dispute that, the consequences would be extremely grave. Chile is a mining nation endowed with immense riches. We are witnessing a mining boom across the length of the country, with Chilean and foreign companies exploring north and south, far beyond copper alone, in search of silver, gold, zinc and more. To weaken the property rights established by the Mining Law would be catastrophic.”

 

“La Segunda” (26 December 1988)