July 12, 2022

Chile presents its draft Constitution for plebiscite

topic:	Democracy
located:	Chile
editor:	Ellen Nemitz

As one of the main results of 2019's large-scale demonstrations - sparked by a metro fare increase, but fed by decades of inequality - the new Chilean Constitution's draft was presented to society on 4 July, 2022. Following the public release of the text, which will be voted on by the population on 4 September, several reviews about the content came up - both praising the achievements of the Constitutional Assembly or putting its feasibility in doubt. 

The writing process to replace the current Magna Carta, which dates from the times of Augusto Pinochet's dictatorship (1973-1990), was itself a milestone for Chile due to the diverse representation of the leading group: headed by a woman and counting on equal proportion of women and men, the constitutional assembly was formed by indigenous peoples, members of the LGBTQ+ community and other cohorts. Moreover, the process had the special assistance of the UN Human Rights Regional Office for South America under the project “Chile: human rights at the centre of the new Constitution," which published 27 guideline documents about human rights.

The final draft was largely praised for responding to Chileans deepest urges. The first of 388 articles and 57 transitional norms gives a glimpse of what is to come: it says that Chile is "social and democratic State based on the rule of law," recognising as "intrinsic and inalienable values" the "dignity, freedom, substantive equality of human beings and their indissoluble relationship with nature." Overall, the document focuses on social rights, environmental conservation, political decentralisation (giving traditional territories more autonomy) and equality for minorities, a result of the combined efforts of people from all over Chile listening to different voices.  

The new constitution, as it is currently written, is not a consensus, though. Inaugurating the campaign that will put supporters and opponents of the draft face to face, an article published by The Economist clearly suggests that Chileans must say no to the plebiscite in September. Under the "Magna mistake" headline, the editorial opinion article calls the draft "absurdly long," "fiscally irresponsible" and "sometimes dotty." Although recognising a few good ideas, the authors are tough when criticising the overall structure of the possible supreme law of Chile. "The draft creates a portfolio of socioeconomic rights that could blow up the budget," The Economist opines, not hiding its neoliberalist position. 

For the next two months, Chileans will take another step on a decisive process likely to define their future. After agreeing that a new Constitution is needed, it is time for them to decide whether this is the right one. First polls indicate a much balanced vote intention with a growing tendency to rejection, plus a significant indecision rate - which will probably be the casting vote in September. It is a life-changing decision, one in which democracy must prevail. In the end, Chile should be able to guarantee human and nature rights and keep its path towards equality. “May these two months be a civic school for everyone,” said the president Gabriel Boric in a broadcasted speech.

Photo by Rai Singh Uriarte

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