2021 Chilean Constitutional Convention
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| 2021 Chilean Constitutional Convention | |
|---|---|
| Name | 2021 Constitutional Convention |
| Native name | Convención Constitucional |
| Established | 2021 |
| Disbanded | 2022 |
| Jurisdiction | Chile |
| Chair | Elisa Loncón |
| Members | 155 |
| Election | 2021 Chilean Constitutional Convention election |
| Meeting place | Santiago, Chile |
2021 Chilean Constitutional Convention The 2021 Chilean Constitutional Convention was a constituent assembly convened to draft a new Constitution of Chile following the 2019–2021 Chilean protests and the national plebiscite that approved a constitutional process; it sat in Santiago with mixed membership drawn from diverse political, social, and territorial actors. The Convention operated under an enabling framework negotiated among parties including the Government of Chile, the National Congress of Chile, and civil society coalitions emerging after the Estallido social; its work intersected with debates involving the Michelle Bachelet legacy, the Pinochet dictatorship, and long-standing issues in Chilean institutional arrangements.
Background and Lead-up
The Convention emerged from protracted mobilizations beginning with demonstrations in October 2019 in Santiago de Chile, which developed into a nationwide cycle of protests involving organizations such as student federations linked to the University of Chile and the Federation of Students of the University of Chile, neighborhood assemblies, and indigenous movements like the Mapuche conflict actors. Political negotiations produced the 2020 national plebiscite known as the Chilean national plebiscite, 2020, which pitted options promoted by figures associated with the Christian Democratic Party (Chile), the Socialist Party of Chile, the Party for Democracy (Chile), and newer formations like the Broad Front (Chile) and the Republican Party (Chile, 2019). The plebiscite result led the President of Chile and the Congress of Chile to legislate a process that created an elected constituent body distinct from prior constitutional commissions such as those formed during transitions like the 1990 Chilean transition to democracy.
Election and Composition
Elections for the assembly were held under rules designed after negotiations involving the Senate of Chile and the Chamber of Deputies of Chile; the 155 seats included reserved representation for indigenous peoples recognized in instruments like the Indigenous law (Chile) and mechanisms resembling those used in other assembly processes such as the Constituent Assembly of Ecuador. The electoral outcome featured a strong showing by independents and regionalist lists linked to actors like the Movimientos Sociales, alongside delegates from institutional parties including the Communist Party of Chile, the National Renewal (Chile), and the Socialist Party of Chile; prominent elected figures included leaders associated with the Mapuche community and civic leaders known from the 2020 Chilean protests. The Convention elected Elisa Loncón as president of the body, alongside vice-presidents with affiliations to groups such as the Christian Democratic Party (Chile) and the Democratic Revolution (Chile).
Mandate and Procedural Rules
Mandated by legislation enacted by the National Congress of Chile, the Convention operated under a set of internal rules inspired by comparative charters like the Montesquieu-era deliberative norms and recent constitutional assemblies including the Constitutional Convention (Iceland) and the Constituent Assembly of Bolivia (2006–2009). The Convention's mandate defined temporal limits, quorum requirements, and supermajority thresholds for articles, drawing on practices from the European Convention on Human Rights deliberative models and the Inter-American Commission on Human Rights recommendations. Procedural rules established thematic commissions in areas such as territorial rights, social rights, environmental law, and institutional design, and incorporated norms on gender parity influenced by the Convention on the Elimination of All Forms of Discrimination Against Women dialogue and parity precedents in assemblies like the Icelandic Constitutional Council.
Key Debates and Draft Proposals
Deliberations centered on reverberant themes: the reconfiguration of the President of Chile's powers, the role of the Constitutional Court of Chile versus alternative review mechanisms, recognition of plurinationality tied to the Mapuche people and other indigenous nations, environmental protections comparable to jurisprudence under the Inter-American Court of Human Rights, and structural reforms affecting pension systems originally created under the Pinochet dictatorship reforms. Proposals ranged from introducing a parliamentary or mixed executive system echoing designs in the Fourth French Republic and the Spanish Constitution of 1978 debates, to establishing new rights for natural commons similar to provisions in the Ecuadorian Constitution of 2008. Contentious items included proposals on water rights tracing to existing Chilean water code, autonomies inspired by the Basque Country and Catalonia models, and judicial reforms engaging institutions like the Supreme Court of Chile and the Public Ministry of Chile.
Public Reception and Political Impact
Public response varied across media outlets such as El Mercurio and La Tercera, social movements including the Plaza Dignidad assemblies, and political parties from the Concertación tradition to emergent forces like the People's Party (Chile). Polling by research centers linked to the Universidad de Chile and the Pontifical Catholic University of Chile showed fluctuating approval ratings mirroring controversies over draft articles and procedural disputes that involved interventions from actors like the Inter-American Commission on Human Rights. The Convention's dynamics affected electoral strategies for subsequent contests involving figures associated with the 2021 Chilean general election and shaped legislative priorities in the Congress of Chile.
Transition, Draft Outcome, and Aftermath
After completing its mandate, the Convention produced a comprehensive draft constitution which was submitted for ratification in a national plebiscite; the outcome intersected with campaigns led by coalitions including the Vamos por Chile coalition and the Apruebo Dignidad alliance. The ratification process and the plebiscite result influenced debates in institutional venues such as the Presidency of Chile and the National Congress of Chile, and provoked analyses from international observers like the Organization of American States and scholars focused on comparative constitution-making such as those studying the South African Constitution process. The Convention's legacy continues to inform constitutional reform conversations in Chilean civil society organizations, academic institutions including the University of Chile Faculty of Law and the Pontifical Catholic University of Chile Faculty of Law, and political parties across the spectrum.