Latin Analysis: Chile’s Constitutional Renaissance
Frente Fotográfico
Chile is at a crossroads of constitutional reform that represents a defining moment for the Latin American country. At the head of Chile’s current political landscape is the ongoing voting process for a new constitution. The current de facto law is a military dictatorship constitution from 1980 that Chileans voted to change in 2020 in a landslide victory. In 2022, Chile voted against implementing a progressive constitution that aimed to enshrine constitutional rights, animal rights, environmental rights, and indigenous group autonomy. In May of that same year, a constitutional assembly comprised of representatives from various sectors of Chilean society worked together to draft a new constitution.
The rejected progressive constitution attempted to propel Chile to a future of social justice and inclusivity by focusing special attention on indigenous groups. This constitutional process was assisted by the United Nations Human Rights Regional Office for South America which provides the country with a series of webinars, public hearings, and accessible publications regarding the international framework for human rights. Jan Jarab, the UN Human Rights representative for South America, stated that the progressive draft of the new constitution met the standards of international human rights law.
The constitutional reform process is the result of a national agreement among various political parties in Chile to mitigate the uprising of protests against social inequality and poor public services. In 2019, due to increased subway fees, millions of Chileans took to the streets to call for change. These protests served as a rallying cry for fighting deep economic and social inequalities in pension, healthcare, and education systems. Workers demanded better wages, women wanted an end to gender-based violence, students longed for free higher education, and retirees wanted a better pension. The president then agreed to suspend transit fare increases, raise pensions and minimum wage, raise taxes for the upper class, and reduce medical and electrical prices. One year after the start of these protests, known as the Estallido Social, Chileans overwhelmingly voted in favor of the creation of a new constitution. However, the country is still deciding on how to proceed. More than three years after lawmakers began this process, Chile is still working on a new constitution. This initial push failed in September of 2022 as many voters saw the original draft as too radical, leading to the eventual creation of a more conservative constitutional draft that was voted on in December of 2023.
Chile’s current constitution dates to its military dictatorship from 1973 to 1990. Amended several times since Chile returned to democracy, many citizens continue to view the document as illegitimate because of its roots in the reign of a violent dictator. General Augusto Pinochet's rule featured an abundance of arbitrary arrests and political executions leading to critics today claiming that his constitution is deeply rooted in the inequality of his rule.
In May of 2021, citizens elected new members for the Constitutional Convention. Delivering a massive shift favoring left-leaning independents instead of traditional political parties, rightist members were unable to secure the one-third of seats needed to block articles. The convention scrambled to finish the draft after spending a year reworking clauses, editing proposals, and holding weekend as well as late-night sessions. This draft included several proposals that some considered to be radical changes, ultimately leading to voters rejecting the document with a 62% majority. Some of these considerably radical changes included eliminating the senate and creating a parallel justice system for indigenous communities in Chile. After this, lawmakers went back to the drawing board. After intense negotiations and reworking the previous draft, they decided to begin a new process that would divide power and responsibilities across different groups. Elected by Congress, a Commission of Experts has been outlining these new articles since March 2023. From March 6th to June 6th of 2023, these committees put together a preliminary draft constitution.
Chileans did not vote in favor of the new proposed constitution in December of 2023. Highlighting ongoing political polarization within the nation, the vote likely ended a chaotic four-year process to replace the country’s constitution. Chilean President Gabriel Boric stated that his government will not be attempting a third time to change the constitution, claiming a switch to other priorities. Even after four years of debate, the nation remains deeply divided about how to govern itself.
Are Other Latin American Countries Having Similar Issues?
While Chile has had its fair share of controversy in recent years, they have the highest Human Development Index rating from the United Nations out of all Latin American Countries. The Human Development Index (HDI) is a measurement of the average achievement in key dimensions of human development including lifespan, education levels, and living standards. Surrounding countries in the area such as Ecuador and Bolivia have experienced similar constitutional debates and political tensions in recent years.
In Ecuador, a constitutional referendum was held on February 5th, 2023 where voters were asked to approve or reject eight questions about changes to the Constitution of Ecuador. The country has recently faced several crises including strikes and protests by indigenous groups against poverty and oil exploration on their ancestral lands. The referendum questions included reducing the number of National Assembly members from 137 to 100, the protection of water resources, and funding for communities and groups for nature conservation. After the constitutional court approved these questions, President Lasso signed a decree to hold the referendum. Eventually, President Guillermo Lasso accepted defeat by admitting that his plan did not work after the proposals based on the eight questions asked on the ballot failed to pass.
In 2005, Bolivia elected its first indigenous president, Evo Morales, who was the leader of the Movement for Socialism. During his campaign, he promised to convene a new constituent assembly to draft a new charter to reduce social injustice and inequality. By 2007, the draft was prepared and approved by the National Congress, and approved by the Constitutional Referendum in 2009. Key features of this new constitution include new provisions for elected officials, the nationalization of certain economic sectors like the gas industry, and the decentralization of power. This constitution came into full effect on February 7th, 2009 when it was approved by 61.43% of voters. The 2009 Constitution classifies Bolivia as a unitary plurinational country with an economy consisting of state, private, and communal ownership.
Chile’s contemporary constitutional reform is a crucial chapter in Chile’s history, and it stands as a collective effort to grapple with deeply rooted challenges and bring about a profound transformation in governance. This intricate process, punctuated by extensive citizen participation, represented strides toward forming a new social contract. As the nation works to redefine its constitutional framework aiming for a more equitable and responsive governance system, the process is continuously evolving and emphasizing the importance of ensuring diverse voices are taken into consideration. Throughout this constitutional reform, Chile envisions a future that transcends the limitations of past dynamics and embraces new ways of thinking.
