Decentralizing from day one

To make substantial progress on decentralization and equitable territorial development as he has committed, President Boric will have to wait. However, he can’t wait.
It will have to wait for the processing of the new laws that it proposes for this purpose, as well as what the new Constitution that is approved in the exit plebiscite establishes in the matter. But you won’t be able to wait, nor expect them to expect you —because the country can’t wait— to take significant steps in that direction.
After the popular election of regional governors, already installed, it will require the introduction of important regulatory changes at the legislative level, such as those related to the pending fiscal autonomy (regional revenues), the establishment of mechanisms so that the transfer of region-nation competences is carried out in a consensual and simple way, as well as for the creation of regional public services, or the establishment of binding citizen participation in the formulation and approval of development plans and programs of their respective territories. It should also wait for the definitions established in these matters by the new Constitution, such as whether or not the State will be plurinational and intercultural, or decentralized or regional; the types of subnational territories and which of them will have what levels of autonomy, whether there will be regional assemblies or chambers and with what powers; or whether it is the responsibility of the State to promote, ensure or guarantee sustainable and territorially equitable development, among others.
However, the new Government can achieve some progress that is significant in the very short term, unleashing knots that open the way to the energies contained in the matter so that they begin to flow incrementally, as well as specific channels for this to happen in an orderly manner. For this, the President, in the use of the regulatory and administrative powers that will correspond to him and politically managing the agreements that legitimize them, can take a set of immediate measures that make it possible. Simple measures, which do not require legal changes or an increase in public spending, which can be applied from now on or, at least, from day one.
Some possible immediate measures
Among these immediate measures, which being relevant and useful at the same time generate positive short-term effects, already during the first half of 2022, the following can be considered, among others.
Powers of governors. Next to sending the project of “short law” to eliminate the figure of presidential delegate committed by the President, in the same project or in another parallel and simultaneous, establish that the regional governors will be responsible for heading the Environmental Assessment Commission (Coeva) of the respective region, as well as other collegiate bodies related to regionally decentralized management in matters such as environmental care or development and territorial planning. It could also be established that this authority will be responsible for the coordination of public services that operate regionally decentralized, in order to facilitate that sectoral investments in the territory can be led and prioritized by regional governments. The “short law” it cannot be applied until it is approved, but sending the project at the beginning is a political signal that marks a clear horizon towards which to move forward.
Articulation of central government-regional governments. This time without the need for legal changes, a mechanism of coordination and regular articulation can be agreed, established and operated between the President of the Republic and the regional governors, as well as another between these and the ministers of State, the latter through a permanent table for the definition and implementation of public policies, as requested by regional governors.
Participation of Governors in the nomination of key regional directorates. The President can make progress in terms of the participation of regional governors in the appointment of regional directorates, at least of those key public services for the development of competenciesAs the current legislation recognizes the regional governments (GORE): the territorial planning, the productive development, and social and cultural development. Thus, while progress is being made at the pace that the regulations currently in force allow in terms of transfer of competences in these areas, and until this can be modified, the incoming Government can consider the opinion of the governors and agree with them on a mechanism that is appropriate for the parties, which, once established and for the public services that have been defined, respecting the current regulations on ADP, it must be applied “nationally” by those who have been appointed as ministers, heads of service or national directors of the entities concerned.
Thus, for example, in the field of territorial planning, which at the same time corresponds to the Transport and Infrastructure Division of the GORE, under this modality could be nominated the regional directors of entities, among others, such as Serviu, roads, port works, management of hydraulic works (or, at least, Subdirectorate of Rural Drinking Water), and Seremi of National Goods. In the field of social and cultural development, which corresponds to the GORE division of Social and Human Development, they could be the regional directors of Fosis, Senama or Senadis (Mideso) and, eventually, of the National Service of Cultural Heritage (Ministry of Cultures, Arts and Heritage).
Finally, in the field of productive development and its correspondence with the Development and Industry Division of the GORE, the directors or regional heads of institutions such as Corfo, Sercotec, Indap and Indespa could thus be appointed; in addition to agreeing on some mechanism that facilitates the cooperative relationship between the Seremi of macrozonal coordination of the Ministry of Science, Technology, Knowledge and Innovation (5 throughout the country) and the regional governments of the respective macrozones.
Similarly, you can proceed to the “designationOrn of a representative of the regional government in each university or state enterprise with regional seat” requested by the regional governors in their “DeclarationOrn of ConceptionOrn” and that President Boric accepted, in accordance with the regulations currently in force, without prejudice to evaluating the subsequent adequacy of this bill. The analogous could be considered for the formation of other collegiate regional bodies, such as environmental commissions or committees or others.
Return problem-competencies to the central level: After agreement with the regional governors for the appropriate cases, to reverse one or more of the transfers of competences carried out without consultation and unilaterally by the outgoing administration and which the respective GORE consider to be rather distracting from regional priorities, or rightly problems that the central level wants to get rid of without addressing (colloquially known in the regions as competences-“cacho“). This, through the same mechanism with which they were “transferred”: by regulatory means, through supreme decree(s) that return to the central level those specific “transfers” that each regional government makes explicit that they are unwanted to have or maintain. After that, it will be necessary to review the current regulations on the transfer of competences so that this does not depend only on the central government of the day.
The necessary proactive collaboration at the central level
This is not simple administration, it is politics.
To ensure the adequate and timely realization of agreements and measures such as those suggested, it will be appropriate to provide clear guidelines and express indications to the budget directorate (Dipres) to facilitate the required adjustments, via intra and interservice budget reallocations or public entities, transferring them from national sectoral entities to regional governments (without increasing the global amounts already authorized by the Budget Law). This, in order to advance from now on in the transfer of administrative competences to the regional level that, including mechanisms for greater territorial relevance with citizen participation of the expenditure of certain public programs, thus facilitates a new relational condition region / sector as well as secPublic/civil society, the implementation of which will lead to more territorially and socially relevant results.
Similarly, to share clear guidance to the ministries and national heads and directorates of public services, as well as to the regional ministerial secretaries (Seremi) and regional directors of public services, regarding the obligation of the latter to coordinate regionally among themselves under the leadership of the respective regional governors, aligning themselves with the corresponding regional priorities.
To these same public entities and under similar levels of demand, guidelines or instructions can be given aimed at ensuring minimum degrees of substantive citizen participation in the execution of public policies and programs, at least those related to the areas in which the current institutionality recognizes competences to regional governments (infrastructure, social, cultural, and productive development), specifying the minimum conditions to be met for such participation to be effective.
To facilitate compliance with the agreements and measures, and the application of the guidelines provided and the instructions given, as well as the due citizen control that ensures their adequate and timely realization, all these guidelines and indications could be nominative, public, published and widely disseminated, calling together with it to the citizens to be actively involved to contribute to these transformations effectively occur.

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Original source in Spanish