Constituent Convention of Chile (2021–2022)
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| Constituent Convention of Chile (2021–2022) | |
|---|---|
| Name | Constituent Convention of Chile |
| Native name | Convención Constitucional |
| Foundation | 2021 |
| Dissolved | 2022 |
| Jurisdiction | Chile |
| Seats | 155 |
| Election | 2021 Chilean Constitutional Convention election |
| President | María Elisa Quinteros; Alfonso Castillo (vice presidents) |
| Meeting place | Santiago, Chile |
Constituent Convention of Chile (2021–2022) was the elected body charged with drafting a new constitution for Chile following the 2019–2020 Chilean protests and the 2020 national plebiscite that approved a constitutional process; it sat from 2021 to 2022 and produced a constitutional draft submitted to a national plebiscite. The Convention assembled members elected in the 2021 constituent election and worked under rules negotiated among political parties, indigenous organizations, and social movements to replace the 1980 constitution promulgated during the Military dictatorship of Chile (1973–1990).
Background and Formation
The Convention emerged after mass demonstrations in Santiago, Chile, Valparaíso, and other cities in 2019 that led to the 2019 Chilean protests and triggered negotiations among representatives of President Sebastián Piñera, the Socialist Party of Chile, the Coalition (Chile), and the Christian Democratic Party (Chile) resulting in the Agreement for Social Peace and a New Constitution. That agreement set the framework for the 2020 Chilean national plebiscite that produced a mandate for a Constituent body, following precedents such as the 1990 Chilean transition to democracy and constitutional processes in Icelandic constitutional reform and the Constitution of South Africa. The legal mechanism was implemented via laws passed by the National Congress of Chile, notably debates in the Senate of Chile and the Chamber of Deputies of Chile over the rules for election and composition.
Electoral System and Composition
Members were elected in the 2021 Chilean Constitutional Convention election under a proportional representation system with gender parity mandates and reserved seats for indigenous peoples including Mapuche, Aymara, Atacameño, Diaguita, Rapa Nui, and Quechua delegates; the election used the D'Hondt method applied in multi-member districts mirroring the Electoral Service (Chile). The Convention had 155 seats allocated across regions such as Región Metropolitana de Santiago, Biobío Region, and Antofagasta Region with independent candidates, leaders from the Broad Front (Chile), Communist Party of Chile, Apruebo Dignidad, and members aligned with the Independent Democratic Union and National Renewal (Chile). The electoral rules were influenced by international instruments like the UN Declaration on the Rights of Indigenous Peoples and comparative models including the Constituent Assembly of Venezuela (1999) and the Irish constitutional convention.
Leadership, Committees, and Procedures
Leadership of the Convention included a rotating presidency with figures such as Doris González (politician), Helmut Kramer and ultimately María Elisa Quinteros elected as president alongside vice presidents; procedural rules were framed by the Convention's Regulation, shaped through negotiations among blocs like Lista del Pueblo and established parties such as the Radical Party of Chile. Committees covered commissions on rights, justice, political system, regionalism, and environment with participation by scholars from Pontifical Catholic University of Chile, University of Chile, and activists associated with Movimiento Social por la Constitución. Procedures incorporated two-thirds approval thresholds, plenary sessions held in Ex Congreso Nacional de Chile, and transparency measures referenced to practices from the Inter-American Commission on Human Rights and the UN Human Rights Council.
Deliberations and Key Debates
Deliberations featured intense debate over topics including indigenous autonomy and plurinationality advocated by Mapuche and Aymara representatives, the design of a new political system contrasting presidentialism favored by some members and proposals for parliamentary tendencies promoted by scholars tied to Universidad Diego Portales; social rights such as health, education, and housing were championed by delegates from the Communist Party of Chile and Frente Amplio (Chile), while private property and market regulation prompted interventions from members connected to Economía de mercado debates and representatives aligned with Evópoli (Political Party). Contentious issues included the role of the Armed Forces of Chile in a new constitution, environmental rights and water regulation debated against the backdrop of the 2010 Chile earthquake recovery discourse, and the status of the Constitutionalist tradition versus proposals inspired by the German Basic Law and the New Zealand constitution.
Drafting Process and Text
The drafting process combined committee reports, legal advisory input from constitutional scholars such as those from the Academy of Sciences of Chile and comparative advisers from the Constitutional Court of Spain, producing a draft organized into titles on rights, institutional design, regionalism, and transitional justice. The final text proposed mechanisms like proportional representation reforms, indigenous autonomies, social guarantees in health and education, environmental protections, and a reconfiguration of fiscal institutions including a revised role for the Comptroller General of the Republic (Chile). Legal drafters referenced precedents like the Spanish Constitution of 1978, the South African Constitution, and the Brazilian Constitution of 1988 in articulating rights and institutional checks.
Public Engagement and Protests
Public engagement included town halls across regions including Valdivia, Concepción, Chile, and Antofagasta, consultations with indigenous communities on Rapa Nui and in the Araucanía Region, and collaborations with civil society organizations such as Human Rights Watch, Amnesty International, and local NGOs. The Convention's sessions were accompanied by continued street mobilizations, counter-demonstrations from supporters of the 1980 constitution, and protests organized by social movements linked to Plaza Baquedano and labor unions like the Central Unitaria de Trabajadores (CUT), reflecting polarized public opinion before the ratification referendum.
Aftermath and Legacy
The Convention submitted its draft to the 2022 Chilean national plebiscite where the proposal was rejected by voters, prompting discussions within political parties including the Christian Democratic Party (Chile), Socialist Party of Chile, and Chile Vamos about next steps; the rejection led to negotiations in the National Congress of Chile to design an alternative roadmap and sparked comparative analysis with constitutional processes in Iceland and Colombia. The legacies include reforms to electoral law, a strengthened visibility for indigenous rights in national discourse, and a reshaped civic debate involving actors such as Gabriel Boric and opposition leaders; the Convention remains a landmark episode in Chilean constitutional and political history, influencing subsequent institutional reform efforts and scholarly work at institutions like Universidad de Chile and Pontifical Catholic University of Chile.