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| Chilean constitutional process, 2020–2022 | |
|---|---|
| Name | Chilean constitutional process, 2020–2022 |
| Location | Santiago, Chile |
| Date | 2020–2022 |
| Participants | Gabriela Mistral |
| Outcome | 2022 referendum rejection |
Chilean constitutional process, 2020–2022 The Chilean constitutional process, 2020–2022 was a nationwide institutional initiative that produced a proposed constitutional text and culminated in a ratifying referendum. Triggered by mass mobilizations and political crises, the process involved a plebiscite, elections for a Constitutional Convention, an extensive drafting phase with diverse actors, and a final referendum that rejected the proposed charter. The sequence intersected with personalities, parties, institutions, and movements central to Chilean public life.
The process emerged from the 2019–2020 protest wave linked to incidents such as the Santiago Metro fare uprising, the 2019–2020 Chilean protests, and the death of protesters tied to policing practices by the Carabineros de Chile. Underpinning forces included long-standing discontent with the Constitution of Chile (1980), neoliberal reforms associated with the Chicago Boys, pension frustrations relating to the Sistema de Pensiones de Chile, and inequalities highlighted by scholarship from figures like Hernán Büchi and debates in the Pontifical Catholic University of Chile. Key political responses involved the Socialist Party of Chile, the Christian Democratic Party (Chile), the Unión por la Patria, and emergent groups such as Frente Amplio (Chile) and Comunes (Chile). International attention referenced transitions like the Spanish Constitution of 1978 and processes observed in Constituent Assembly of Bolivia (2006–2009).
On 25 October 2020 Chile held a national plebiscite confronting two choices inspired by agreements in the Agreement for Social Peace and a New Constitution, negotiated by leaders including Sebastián Piñera, Camilo Escalona, Karol Cariola, and Frei Ruiz-Tagle. Voters were asked whether to call a new constitution and whether the body should be a Constitutional Convention or a Mixed Convention, options framed by actors like Heraldo Muñoz, Guillermo Teillier, and Francisco Vidal. The plebiscite delivered a decisive “Approve” outcome and selection of a fully elected Constitutional Convention (Chile) model, with turnout and civil participation compared to referendums in Spain and Iceland.
Elections on 15–16 May 2021 for the Constitutional Convention produced a diverse assembly featuring members from Movimientos Sociales, independent lists such as Lista del Pueblo, established parties including the Partido Comunista de Chile and the Partido Por la Democracia, and gender parity measures inspired by precedents like the Istanbul Convention discussions. Reserved indigenous seats invoked rights recognized under instruments such as the International Labour Organization Convention 169 and names like Aymara and Mapuche delegates became prominent. Notable elected figures included Elisa Loncón, who was chosen as Convention president, alongside delegates associated with Frente Amplio (Chile), Partido Republicano (Chile), and civil society networks like Movimiento Feminista and Asamblea Coordinadora de Estudiantes Secundarios. The Convention's composition prompted comparisons with constituent bodies like the Constituent Assembly of Ecuador (2007).
The Convention, chaired by Elisa Loncón and vice-chaired by Diego Paulsen-style figures, organized thematic committees to debate rights and institutional design, referencing models from the German Basic Law, the United States Constitution, the Canadian Charter of Rights and Freedoms, and the Brazilian Constitution of 1988. Contentious issues included recognition of plurinationality as advocated by Mapuche leaders, water rights tied to the Code of Waters (Chile), social rights for health and education invoked by Michelle Bachelet supporters, pension reform proposals referencing the AFP system, and environmental protections inspired by cases such as the Pascua Lama controversy. Debates engaged legal scholars like Fernando Atria and commentators from Universidad de Chile and Universidad Católica; civil society groups including Movilh, Cooperativas Campesinas, and trade unions such as the Central Unitaria de Trabajadores were influential. Committee deliberations on judiciary reform, decentralization with parallels to Autonomous communities of Spain, and indigenous justice systems generated polarizing media coverage involving outlets like El Mercurio and La Tercera.
After months of deliberation the Convention delivered a draft constitution presented for ratification in a referendum on 4 September 2022, a vote watched alongside elections like the 2016 Brexit referendum and the 2015 Greek bailout referendum. Campaigns for approval involved coalitions including Apruebo Dignidad, while rejection campaigns mobilized parties such as the Renovación Nacional and the Unión Demócrata Independiente. High-profile endorsements and criticisms came from figures like Andrés Manuel López Obrador in commentary, while international bodies including the Organization of American States monitored procedural aspects. The referendum resulted in a majority "Reject" outcome, prompting analyses referencing polling firms such as Cadem and debates in the Senate of Chile and media outlets including CNN Chile.
Following the rejection, political actors including Gabriel Boric, Sebastián Sichel, and leaders of the Partido Socialista (Chile) negotiated pathways forward, invoking the Agreement for Chile and proposing mechanisms similar to previous drafting efforts in Iceland and Colombia (2016 peace agreement) for reconciliation. Proposals ranged from a second constituent process to incremental reforms via the National Congress of Chile, including legislative initiatives on social rights, indigenous recognition, and electoral reform advocated by committees in the Chamber of Deputies of Chile. The aftermath reshaped party strategies for elections, influenced public policy agendas in ministries such as Ministry of Social Development (Chile), and sustained mobilization among groups like Frente Amplio (Chile) and Lista del Pueblo, while legal scholars continued comparative analysis with constitutional processes in countries like New Zealand and South Africa.
Category:Constitutions of Chile