Constituent Convention of Chile

Constituent Convention of Chile
Name	Constituent Convention of Chile
Native name	Convención Constituyente
Formed	4 July 2021
Dissolved	4 July 2022
Jurisdiction	Chile
Headquarters	Santiago
Members	155
President	Elisa Loncón
Vice presidents	Jaime Bassa, Raúl Soto

Constituent Convention of Chile was the constituent assembly elected to draft a new Constitution of Chile following the 2019–2020 Chilean protests and the 2020 national plebiscite approving a constitutional rewrite. The Convention convened in Santiago in 2021 and completed a proposed text in 2022, interacting with institutions such as the President of Chile, the National Congress of Chile, and civil society organizations including Central Unitaria de Trabajadores and Confederación de la Producción y del Comercio.

Background and Origins

The origins trace to mass demonstrations in 2019 across Santiago, Valparaíso, Concepción, Antofagasta and other cities, provoking crises involving the Carabineros de Chile, clashes near La Moneda Palace, and debates in the Chilean Senate and Chamber of Deputies (Chile). Public pressure led President Sebastián Piñera to endorse a process culminating in the 25 October 2020 plebiscite, coordinated among the Electoral Service of Chile, the Supreme Court of Chile, and political coalitions such as Nuevo Pacto Social and Chile Vamos. The plebiscite produced a mandate to elect a body distinct from the National Congress of Chile and informed by social movements like Movimiento Social de 2019, indigenous organizations including the Consejo de Todas las Tierras, and human rights groups such as Amnesty International (Chile chapter).

Election and Composition

Elections on 15–16 May 2021 selected 155 members through an electoral system administered by the Servicio Electoral de Chile, featuring reserved seats for indigenous peoples including representatives of Mapuche people, Aymara people, Rapa Nui people, and others. The Convention’s membership combined independents, members of party lists like Partido Socialista de Chile, Partido Comunista de Chile, Democracia Cristiana, Partido por la Democracia, and right-leaning parties such as Renovación Nacional and Unión Demócrata Independiente. Prominent elected delegates included Elisa Loncón, Jaime Bassa, Fernando Atria, Tania Madriaga, Vera Silva and indigenous leaders with ties to organizations like the Consejo de Todas las Tierras and Coordinadora Arauco Malleco. Gender parity rules produced balanced representation influenced by activists from Movimiento Feminista and unions like the Central Unitaria de Trabajadores.

Mandate and Powers

Mandated by the 2020 plebiscite and enacted via laws debated in the National Congress of Chile, the Convention had the authority to draft a complete constitutional text within a one-year term under oversight from the Constitutional Tribunal of Chile and the Supreme Court of Chile on procedural matters. Its competencies intersected with statutes such as the organic law regulating the constituent process, constraining interactions with the Presidency of the Republic of Chile and requiring final approval through a national referendum overseen by the Servicio Electoral de Chile. The Convention operated with internal rules modeled on comparative bodies like the Constituent Assembly (Iraq 2005) and inspired by precedents from the Spanish Constitution of 1978 and the Canadian constitutional process.

Drafting Process and Deliberations

Deliberations occurred in plenary sessions and specialized commissions—such as the commissions on Rights, Form of State, Justice, System of Government, and Environment—drawing on expert testimonies from academics at Pontifical Catholic University of Chile, University of Chile, Diego Portales University, Adolfo Ibáñez University, and international advisers from United Nations agencies and comparative scholars on constitutional design. Debates referenced jurisprudence from the Inter-American Court of Human Rights, the European Court of Human Rights, and constitutional texts including the German Basic Law, Norwegian Constitution, and the Austrian Constitution. Procedural controversies involved quorum rules, voting thresholds, and the use of plebiscitary mechanisms similar to those in the Icelandic constitutional process.

Key Proposals and Controversies

Major proposals included recognition of Chile as a plurinational state influenced by Mapuche and Aymara advocacies, a rights catalog expanding social guarantees reflecting demands from Movimiento Estudiantil and labor federations like the Confederación de Trabajadores de Chile, and institutional reforms touching the Presidency of Chile, the National Congress of Chile, regionalization proposals for Valparaíso Region and Biobío Region, and adjustments to the Electoral Service of Chile. Contentious items provoked criticism from parties such as Unión Demócrata Independiente and Renovación Nacional, and mobilizations by business groups like the Confederación de la Producción y del Comercio and civil rights NGOs including Amnesty International (Chile) and Human Rights Watch. Debates over indigenous autonomy drew comparisons with autonomy regimes in Bolivia and Ecuador, while fiscal and resource clauses invoked disputes involving the Ministry of Finance (Chile) and mining stakeholders such as CODELCO.

Adoption, Ratification, and Aftermath

The Convention approved a final draft with supermajority requirements and submitted it to a mandatory referendum managed by the Servicio Electoral de Chile; the subsequent plebiscite resulted in national debate involving presidential actors including Gabriel Boric and oppositional figures like José Antonio Kast. The outcome affected legislative agendas in the National Congress of Chile, prompted international commentary from bodies such as the Organization of American States and the International Monetary Fund, and catalyzed ongoing constitutional politics among parties including Partido Radical Socialdemócrata and civil society coalitions. The process left enduring legacies for Chilean institutions such as the Judicial Branch of Chile, regional governments, indigenous representation mechanisms, and public policy discourses shaped by social movements from 2019 onward.

Category:Politics of Chile Category:Constitutional conventions