2021 Chilean constitutional process
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| 2021 Chilean constitutional process | |
|---|---|
| Name | 2021 Chilean constitutional process |
| Date | 2021 |
| Location | Santiago de Chile, Chile |
| Outcome | Election of a Constitutional Convention to draft a new constitution |
2021 Chilean constitutional process was the series of electoral events and institutional steps in Chile that culminated in the selection of a deliberative body to draft a replacement for the 1980 Constitution. The process followed mass mobilizations such as the 2019–2020 Chilean protests and political agreements like the November 15 Agreement, producing an unprecedented mix of independent incumbents, social movement representatives, and party delegates in the Constitutional Convention.
Background
The impetus derived from the 2019–2020 Chilean protests that challenged policies under the 1980 Constitution promulgated during the Augusto Pinochet era. Political negotiation involved actors including the Christian Democratic Party, Socialist Party, Party for Democracy, National Renewal, and Independent Democratic Union, culminating in the November 15 Agreement brokered in the Congresses of Chile. Citizen mechanisms such as the Plebiscite of 2020 followed precedents in Latin American constitutional change like the Ecuadorian Constituent Assembly and were framed by institutions including the Supreme Court, Servel, and local municipalities.
Electoral System and Legal Framework
Legal groundings derived from the organic law and decisions by Servel under oversight from the Constitutional Court. The electoral design mixed gender parity rules influenced by cases such as the gender parity law and reserved seats for indigenous peoples including representatives of Mapuche, Aymara, Rapa Nui, Quechua, and Likan Antai. The ballot architecture combined single-member district mechanics and proportional elements inspired by reforms from the binomial system era, and involved actors such as Servel and the Ministry of Interior implementing registration, candidates lists, and campaign finance rules set by the Electoral Service.
Campaigns and Key Actors
Campaigns featured a blend of party apparati and social movement networks including Movimiento Autonomista, Frente Amplio, Apruebo Dignidad, Chile Vamos, and national figures such as Gabriel Boric, Beatriz Sánchez, Joaquín Lavín, Sebastián Piñera, and Michelle Bachelet. Social organizations such as the CUT, Movimiento Social de Mujeres, cooperatives, and indigenous organizations like the Consejo de Todas las Tierras fielded candidates and platforms. International observers from institutions like the Organization of American States and comparative examples from the Bolivia informed debates about representation, while education and media institutions such as Pontifical Catholic University, University of Chile, and national broadcasters shaped public discourse.
Results and Composition of the Constitutional Convention
The election produced a plurality of independents and nontraditional political actors, with major electoral performances by lists such as Lista del Pueblo, Vamos por Chile, Apruebo Dignidad, and Lista de Independientes No Neutrales. The Convention's composition included representatives from parties like the Socialist Party, Communist Party, Radical Party, and Evópoli, alongside indigenous delegates from Mapuche and Rapa Nui constituencies. Leadership positions involved figures associated with the Convention presidency and procedural commissions modeled on comparative bodies such as the Venezuelan Constituent Assembly and the Ecuadorian Constituent Assembly.
Major Debates and Proposals
Key debates addressed rights and institutional design: recognition of plurinationalism influenced by the plurinational state debates in Bolivia, indigenous autonomy modeled on autonomous communities, environmental protections referencing the rights of nature, and social rights drawing on precedents like the South African Bill of Rights. Institutional proposals included transformed executive arrangements compared with the presidential system, bicameral versus unicameral legislatures referenced against the Chamber of Deputies and Senate, and judicial reforms engaging the Supreme Court and Constitutional Court. Debates over natural resource governance cited the CODELCO model and international frameworks like the Paris Agreement and Escazú Agreement. Social policy proposals referenced the pension system, healthcare, and education reforms tied to the 2011–2013 student protests.
Implementation, Aftermath, and Political Impact
Following drafting, the Convention’s text faced a national ratification referendum administered by Servel and contested in the arena of presidential politics involving figures such as José Antonio Kast and Gabriel Boric in subsequent electoral cycles. The process altered party dynamics among Christian Democrats, Socialists, National Renewal, and UDI, affected legislative agendas in the Chamber of Deputies and Senate, and influenced constitutional scholarship at institutions like the Centro de Estudios Públicos and Fundación Chile 21. Internationally, the process was compared to constitutional moments in Iceland, Colombia, and Bolivia, shaping debates within the United Nations and regional organizations such as the Organization of American States about participatory constitution-making and rights recognition.