Constitutional Convention (Chile, 2021–22)

Constitutional Convention (Chile, 2021–22)
Name	Constitutional Convention (Chile, 2021–22)
Native name	Convención Constitucional
Jurisdiction	Chile
Formed	4 July 2021
Dissolved	4 July 2022
Preceding1	Constitution of Chile (1980)
Superseding	Draft proposed constitution (2022)
Members	155
Chair	Elisa Loncón
Vice chair	Jorge Burgos

Constitutional Convention (Chile, 2021–22) was the body convened to draft a new Constitution of Chile following the 2019 Estallido social and the 2020 national plebiscite that approved changing the Constitution of Chile (1980). The Convention sat from July 2021 to July 2022, producing a proposed charter that sparked national debate involving figures such as Gabriel Boric, Sebastián Piñera, and organizations including the Christian Democratic Party and the Party for Democracy.

Background and Origins

The Convention emerged after mass protests in Santiago and other cities during the Estallido social that foregrounded grievances with neoliberal reforms associated with the Pinochet dictatorship and the Chicago Boys. The 2020 national plebiscite, championed by coalitions including Apruebo Dignidad and the Concertación, resulted in an overwhelming vote to draft a new constitution via a popularly-elected body, influenced by debates around Constitution of 1980, the Plebiscite in Chile (2020), and bargaining among leaders such as Andrés Chadwick, Mario Desbordes, and Yasna Provoste.

Composition and Election

The Convention comprised 155 members elected in May 2021, with gender parity rules and reserved seats for Chilean indigenous peoples including Mapuche people, Aymara people, Rapa Nui, Quechua people, and Atacameño people. The electoral process featured candidates from parties like Communist Party of Chile, Socialist Party of Chile, National Renewal (Chile), and independents affiliated with groups such as Lista del Pueblo. Notable elected figures included Elisa Loncón, academics, lawyers, activists, and representatives from civil society organizations like Movimiento Feminista and unions linked to Central Unitaria de Trabajadores.

Mandate and Procedures

Mandated by the 2020 plebiscite and the subsequent Political Constitutional Agreement, the Convention had the authority to draft a full replacement for the Constitution of Chile (1980), subject to approval in a mandatory ratifying plebiscite. Procedural rules incorporated mechanisms inspired by international models discussed in forums with delegations from Constituent Assembly of Ecuador (2007–2008), Icelandic constitutional reform, and observers from the United Nations. The Convention adopted internal regulations addressing deliberation thresholds, quorum, committee structure, and participation by civil society, with presidencies and coordinations influenced by leaders from Indigenous Mapuche Parliament dialogues.

Deliberations and Drafting Process

Deliberations took place in plenary sessions and specialized commissions, covering themes such as social rights, environmental protections, territorial autonomy, and institutional reform. Commissions mirrored policy areas debated in the Senate of Chile and Chamber of Deputies of Chile, while experts from universities including Universidad de Chile, Pontifical Catholic University of Chile, and international scholars from Harvard University and Oxford University provided testimony. High-profile hearings featured advocates linked to Pablo Neruda's legacy defenders, pension reform activists formerly from AFC Chile, and representatives of the Women’s movement in Chile.

Key Proposals and Content of the Draft

The draft constitution proposed expansive rights for social welfare, health, and education, recognized Chile as a plurinational state acknowledging Mapuche conflict historical claims, instituted environmental protections influenced by Intergovernmental Panel on Climate Change reports, and reconfigured executive and legislative powers. It proposed changes to institutions such as replacing the Senate of Chile with a Chamber of Regions or altering the role of the President of Chile, and contained provisions about indigenous autonomy, water rights tied to debates around Comisión Nacional de Riego, and new mechanisms for direct democracy reminiscent of processes in Switzerland and Bolivia.

Public Reception and Political Impact

Public reaction was polarized: social movements and progressive coalitions including Frente Amplio and Movimiento Autonomista praised provisions on gender parity and plurinationality, while conservative parties like Unión Demócrata Independiente and sectors of Chile Vamos criticized perceived threats to market institutions and property rights. Media outlets such as El Mercurio and La Tercera ran extensive coverage, while international actors including Organization of American States observers commented on process legitimacy. The proposal influenced electoral politics, contributing to debates in the 2021 and 2022 campaigns featuring leaders like José Antonio Kast and Michelle Bachelet's legacy discussions.

Aftermath and Ratification Process

The Convention completed its draft and submitted it for the 2022 national plebiscite required for ratification. The plebiscite outcome, along with subsequent political negotiations involving parties such as Democratic Revolution and figures like Camila Vallejo, determined the draft’s fate and shaped constitutional transition mechanisms. The post-Convention period involved implementation discussions in the National Congress of Chile and among municipal governments including Santiago Province, with ongoing activism from indigenous organizations and civil society groups.

Category:Politics of Chile Category:Constitutions of Chile