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| Constitutional Commission of Chile | |
|---|---|
| Name | Constitutional Commission of Chile |
| Native name | Comisión Constitucional de Chile |
| Formed | 2021 |
| Jurisdiction | Chile |
| Headquarters | Santiago |
| Key people | Elisa Loncón; Jaime Bassa; María Luisa Cordero |
Constitutional Commission of Chile The Constitutional Commission of Chile was a body convened to draft a new national constitution following the 2019–2021 social and political crisis that included the Estallido Social, the 2020 national plebiscite, and negotiations among major political actors such as the Concertación, Chile Vamos, and the Partido Comunista de Chile. Its work intersected with institutions like the Congress of Chile, the Presidency of Chile, and civil society organizations including the Central Unitaria de Trabajadores and the Asamblea Constituyente Mapuche.
The Commission emerged after the 25 October 2020 plebiscite in which a majority voted for a new constitution and for a Constitutional Convention to draft it, following proposals from political coalitions such as Frente Amplio, Partido Socialista de Chile, and negotiations involving figures like Sebastián Piñera and Gabriel Boric. Its stated purpose was to replace the 1980 Constitution promulgated during the Pinochet regime with a charter reflecting demands voiced during the Estallido Social, including those from movements represented by leaders like Camila Vallejo and Giorgio Jackson.
The Commission's membership was determined by an electoral process organized by the Servicio Electoral de Chile and regulated under the framework approved by the Congress of Chile and overseen by the Tribunal Calificador de Elecciones. Seats were apportioned through mechanisms including gender parity inspired by international models like the Convention for the Elimination of All Forms of Discrimination Against Women and reserved seats for indigenous peoples linked to communities such as the Mapuche, Aymara, and Rapa Nui. Prominent delegates included academics, indigenous leaders, activists, and politicians affiliated with groups such as Democracia Cristiana, Unión Demócrata Independiente, and the Partido Radical Socialdemócrata.
Mandated by the ratifying plebiscite and regulated through enabling legislation passed by the Congreso Nacional de Chile, the Commission had authority to draft constitutional text on matters affecting institutions like the Corte Suprema de Chile, Banco Central de Chile, and Fuerzas Armadas de Chile within limits respecting international obligations such as those under the Pacto Internacional de Derechos Civiles y Políticos. Constraints included procedural timelines, quorum rules inspired by comparative cases like the Spanish Constitution of 1978 process, and a requirement that the final draft be submitted for approval in a national referendum as per precedents like the Quebec referendum and the Icelandic process.
The Commission organized its work into thematic committees addressing subjects such as the rights of indigenous peoples, social protection systems involving entities like the Ministerio de Salud (Chile), territorial organization touching on regions like Araucanía Region and Magallanes Region, and institutional reform including the Cámara de Diputadas y Diputados de Chile and Senado de Chile. Procedural rules drew on comparative constitutional design theory exemplified by the Philadelphia Convention and the French National Assembly debates, while operational oversight involved the Contraloría General de la República de Chile and the Defensoría de la Niñez (Chile) for participatory guarantees.
Public consultations invoked platforms associated with civil society actors such as the Observatorio Ciudadano, labor organizations like the Confederación de Trabajadores del Cobre, student federations including the Federación de Estudiantes de la Universidad de Chile, and social movements anchored in events like the 2011–2013 Chilean student protests. Mass media coverage from outlets like El Mercurio (Chile), La Tercera, and Radio Universidad de Chile shaped public debate alongside international attention from actors such as the Inter-American Commission on Human Rights and the United Nations Human Rights Council.
The Commission faced critiques from political blocs including Chile Vamos and personalities like José Antonio Kast over perceived activist influence and procedural legitimacy, while others such as Beatriz Sánchez and indigenous representatives argued the process did not go far enough on plurinational recognition referencing the Indigenous and Tribal Peoples Convention, 1989. Accusations of polarization invoked comparisons with constitutional crises in countries like Venezuela and debates about judicial review involving the Corte Interamericana de Derechos Humanos. Internal disputes over content areas like property rights, social rights, and decentralization generated legal challenges in administrative venues such as the Corte Suprema de Justicia.
The Commission produced a draft constitution presented for a national referendum, generating campaigns led by coalitions like the Apruebo Dignidad and opposition groups including Vamos por Chile. The referendum outcome influenced subsequent political developments including the electoral fortunes of leaders like Gabriel Boric and reshaped institutional debates in the Congreso Nacional de Chile and municipal governments such as the Ilustre Municipalidad de Santiago. The project's legacy persists in ongoing reforms affecting agencies like the Servicio de Impuestos Internos and in continued activism by indigenous organizations including the Consejo de Pueblos Atacameños and labor federations, as well as in scholarly analysis drawing on comparative studies of constitutional change such as those examining the New Zealand constitutional reform and the South African constitutional process.
Category:Politics of Chile Category:Constitutions