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Chile's 2021 Constitutional Convention

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Chile's 2021 Constitutional Convention
NameConstitutional Convention of Chile (2021)
Native nameConvención Constitucional (2021)
CountryChile
Established4 July 2021
Disbanded4 July 2022
Members155
ChairElisa Loncón
Vice chairsJaime Bassa, others
Election15–16 May 2021
Preceding event2019 Chilean protests
PurposeDraft new constitution

Chile's 2021 Constitutional Convention

The 2021 Constitutional Convention was an elected constituent assembly convened to draft a new constitution for Chile following the 2019–2020 Chilean protests and the national plebiscite of 2020; it sat from 4 July 2021 to 4 July 2022 and produced a proposed charter submitted to a mandatory referendum. The assembly was shaped by leftist and independent figures linked to movements such as those represented by Gabriel Boric, Frente Amplio (Chile), and indigenous leaders associated with Mapuche conflict activism, while also intersecting with traditional parties like Partido Socialista de Chile and Unión Demócrata Independiente.

Background and Formation

The Convention emerged after the 25 October 2020 national plebiscite triggered by the mass mobilizations of the 2019–2020 Chilean protests and political negotiations involving actors including Sebastián Piñera, Michelle Bachelet, and the Congress of Chile; the plebiscite offered options that led voters to select a constitutional process with a convention fully elected for the purpose. The decision followed institutional frameworks set by the Agreement for Social Peace and a New Constitution negotiated by parties from Chile Vamos (coalition), Nueva Mayoría and other blocs, and built on precedents such as the 1980 Constitution of Chile enacted under Augusto Pinochet and the later 2005 reforms associated with Ricardo Lagos and Michelle Bachelet.

Electoral System and Composition

Elections on 15–16 May 2021 used proportional lists influenced by electoral law reforms debated in Chamber of Deputies of Chile and Senate of Chile, producing a 155-member body with rules for parity and reserved seats. The Convention included 17 reserved seats for indigenous peoples recognized under instruments like International Labour Organization Convention 169 and backed by leaders linked to Mapuche and Aymara communities, alongside gender parity mandated by the Servel and electoral agreements that altered mechanisms derived from the Binomial system history. Prominent elected figures included academics, activists, and politicians associated with Partido Comunista de Chile, Renovación Nacional, and independent lists such as those connected to Movimientos Sociales emerging from the 2019 protests.

Mandate, Procedures, and Rules

The Convention operated under a foundational mandate from the 2020 plebiscite and the Agreement for Social Peace and a New Constitution, with organizational rules ratified by its members and supervised by the Servicio Electoral de Chile (Servel). Its internal regulations required qualified majorities for certain approvals, interlocution with the Presidency of the Republic (Chile) and coordination with courts like the Supreme Court of Chile in disputes, while the presidency of the assembly was held by Elisa Loncón and vice-presidency by Jaime Bassa, both key in procedural management. The Convention's legal context intersected with constitutional jurisprudence from the Constitutional Court of Chile and debates referencing international frameworks including the Universal Declaration of Human Rights and Inter-American Court of Human Rights precedents.

Key Debates and Draft Provisions

Major disputes centered on topics including plurinational recognition advanced by indigenous delegates, social rights proposals influenced by models from Nordic model countries, environmental provisions inspired by cases like European Green Deal discourse, water rights reforms reacting to neoliberal-era policies instituted post-1980, and the structure of the Presidency of the Republic (Chile) and Congress of Chile bicameralism versus unicameral alternatives. Contentious proposals addressed healthcare and pension system transformations in dialogue with prior reforms under Patricio Aylwin and Ricardo Lagos, while constitutional text drafts raised debates over the role of private enterprise and trade rules invoking Free trade agreements of Chile, and natural resource governance influenced by debates about nationalization seen in Latin American history with references to figures like Salvador Allende.

Public Response, Protests, and Political Impact

Public reaction varied: high civic engagement echoed the mobilization of 2019 protesters, with demonstrations involving groups such as labor unions tied to Central Unitaria de Trabajadores and social movements linked to student protests reminiscent of the 2011 Chilean student protests led by figures associated with Federación de Estudiantes de la Universidad de Chile. Opposition rallies featured parties from Chile Vamos (coalition), while support events included collectives allied with Partido Socialista de Chile and Partido Comunista de Chile; security incidents engaged institutions like the Carabineros de Chile, and political consequences contributed to electoral dynamics evident in the 2021 parliamentary outcomes and the 2021 presidential primaries culminating in Gabriel Boric's candidacy. The proposed draft polarized public opinion leading up to the 2022 referendum.

Timeline and Major Milestones

Key milestones included the May 2021 election, the inaugural session on 4 July 2021 where Elisa Loncón was elected president of the Convention, publication of committee reports on areas like rights and nature, submission of the final draft in June 2022, and the mandatory national plebiscite on 4 September 2022. The process featured committee stages comparable to other constituent assemblies such as those in Iceland and Bolivia (2007–2009 constitutional process), inter-institutional consultations with bodies like the Ministerio Secretaría General de la Presidencia and public participation mechanisms that invoked civic forums and virtual platforms.

Legacy and Aftermath

The Convention's product and the subsequent plebiscite shaped debates in Chilean politics about constitutional legitimacy, continuity with the 1980 charter, and prospects for institutional reform; outcomes affected the agendas of political actors including Gabriel Boric, José Antonio Kast, and party coalitions across the Chilean spectrum, and influenced policy-making in areas touching on indigenous rights, environmental law, and social welfare legislation. The experiment in parity, reserved indigenous seats, and mass participation has been examined in comparative constitutional studies alongside processes like the 1991 South African constitution process and remains a reference point in regional debates about constitutional change in Latin America.

Category:Politics of Chile