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| Constituent process of Chile (2019–2022) | |
|---|---|
| Name | Constituent process of Chile (2019–2022) |
| Native name | Proceso constituyente de Chile (2019–2022) |
| Date | 2019–2022 |
| Location | Santiago, Chile; national |
| Cause | 2019 Chilean protests |
| Outcome | 2020 plebiscite; 2021 Constitutional Convention election; 2022 draft rejected |
Constituent process of Chile (2019–2022) was a national political and legal effort to replace the Constitution of Chile (1980) through a democratically elected body after the 2019 Chilean protests and related crises. It involved a sequence of events including mass demonstrations, a national plebiscite under the Piñera administration, election of a Constitutional Convention, a drafting phase dominated by diverse political actors and social movements, and the 2022 rejection of the proposed charter. The process influenced debates in the Chilean political system, regional lawmaking, and comparative constitutionalism.
Pressure for constitutional change drew on long-standing disputes over the Constitution of Chile (1980), crafted during the August 1980 period linked to the Pinochet dictatorship, transitional arrangements in the Concertación era, and reforms under Michelle Bachelet and Sebastián Piñera. Socioeconomic grievances tied to pension reform, the Chilean education protests, and tensions in the Mapuche conflict intersected with mobilizations referencing Plaza Italia as a focal point. Political actors from the Christian Democratic Party (Chile), Socialist Party of Chile, Partido por la Democracia, Unión Demócrata Independiente, and newer groups such as Movimiento Autonomista and Frente Amplio (Chile) contended over institutional pathways for change.
The 2019 protests began after a subway fare increase in Santiago and escalated into nationwide demonstrations involving labor unions like the Central Unitaria de Trabajadores, student organizations such as the Confederación de Estudiantes de Chile, indigenous leaders from the Mapuche people, and civil society NGOs including Human Rights Watch observers. The unrest produced a state response involving Carabineros de Chile actions, a state of emergency declared by Sebastián Piñera, and scrutiny from the Inter-American Commission on Human Rights and the United Nations Human Rights Council. Political negotiations culminated in cross-party agreements in the National Congress of Chile and interventions by figures like Joaquín Lavín and Andrés Manuel López Obrador-—the latter as a regional comparative reference.
On 15 November 2019 legislators from parties including the Partido Socialista de Chile and Renovación Nacional approved the "Agreement for Social Peace and a New Constitution", establishing a legal route to a constitutional plebiscite administered by the Electoral Service (Servel). The plebiscite, held on 25 October 2020 during the COVID-19 pandemic in Chile, asked voters whether to draft a new charter and by which body—options reflected in laws debated by the Chilean Senate and the Chilean Chamber of Deputies. International observers from the Organization of American States noted electoral safeguards; turnout and results were shaped by campaigns from entities such as the Independent Democratic Union and Comunes (political party).
The election on 15–16 May 2021 for the Constitutional Convention (Chile) produced an unprecedented composition: gender parity mandated by the electoral law, reserved seats for the Mapuche people and other indigenous nations, and significant representation of independents, lists such as the Lista del Apruebo, and parties including the Partido Comunista de Chile and Republicanos. Prominent elected delegates included members associated with Gabriel Boric's political milieu, activists from No+AFP, academics from the Pontifical Catholic University of Chile and the University of Chile, and public figures like Daniel Stingo and Vlado Mirosevic. The Convention operated under rules established by the Constitutional and Legal Commission and supervised by Servel.
The Constitutional Convention's drafting phase featured commissions addressing rights, the state, environmental constitutionalism, and institutional design; debates referenced texts and actors such as the European Convention on Human Rights, Inter-American Court of Human Rights, Greens/EFA-aligned environmental proposals, and social movement demands from Ni Una Menos (Chile) and labor federations. Contentious issues included the model of healthcare referencing FONASA and Isapres, property and mining regimes vis-à-vis CODELCO, indigenous autonomy tied to the Arauco conflict, the role of the Ministerio Público (Chile), decentralization vis-à-vis Regional Governments of Chile, and mechanisms for judicial independence. Negotiations involved trade union leaders, constitutional scholars from the Academia de Derecho, and comparative references to the Basic Law (Germany) and the Constitution of Ecuador (2008).
On 4 September 2022 the proposed constitution was rejected in a national referendum, with campaigns led by coalitions such as the Vamos por Chile alliance and opposition groups aligned with José Antonio Kast and sectors of Unión Demócrata Independiente. Supporters of the draft included leaders associated with Gabriel Boric and members of the Apruebo Dignidad coalition. After the referendum, the Chilean Congress deliberated pathways for a revised process, involving proposals for a mixed constituent mechanism, ad hoc commissions, and a role for the Presidency of Chile to steer reforms. Political figures including Alessandro von Humboldt-style commentators and international observers debated implications for institutional stability and rule of law.
The process reshaped political alignments across parties such as the Partido por la Democracia, Evópoli, and Movimiento Autonomista, influenced electoral strategies for the 2023 Chilean general election, and generated scholarly analysis in comparative constitutional studies referencing the Frankfurt School of critique and constitutional pluralism. Its legacy includes strengthened norms on participatory mechanisms, indigenous representation models, and renewed public engagement with constitutionalism evidenced in civic education programs at institutions like the Museo de la Memoria y los Derechos Humanos. The episode remains a reference point for constitution-making in Latin America, echoing earlier processes in Ecuador, Bolivia, and Colombia and informing debates at the United Nations level on democratization and social rights.
Category:Politics of Chile Category:Constitutions of Chile Category:2019 protests