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| Convención Constitucional de Chile | |
|---|---|
| Name | Convención Constitucional de Chile |
| Native name | Convención Constitucional |
| Jurisdiction | Chile |
| Established | 2021 |
| Dissolved | 2022 |
| Leaders | Elisa Loncón, Raúl Soto, Patricio Fernández |
| Members | 155 |
| Voting system | Proportional representation, D'Hondt method, gender parity rules |
| Meeting place | Estación Mapocho, Santiago de Chile |
Convención Constitucional de Chile was the constituent assembly elected to draft a new constitution for Chile following the 2019–2020 social unrest and the 2020 plebiscite. Convened in 2021, the assembly brought together representatives from diverse political formations, indigenous organizations, social movements, and civil society actors to rewrite the constitutional framework that had been in force since the 1980 Constitution.
The assembly arose from the pathway set by the 2019 protests in Chile, the agreement reached in the Agreement for Social Peace and a New Constitution negotiated by parties including Christian Democratic Party (Chile), Socialist Party of Chile, National Renewal (Chile), and Party for Democracy (Chile), and the subsequent national plebiscite of 25 October 2020 that pitted the Apruebo option against Rechazo and led to the mandate to draft a new constitution. The plebiscite followed political negotiations among figures such as Sebastián Piñera and representatives of parliamentary coalitions like Chile Vamos and the Progressive Convergence formations. Historical antecedents invoked debates about the Pinochet dictatorship, the 1980 Constitution, and transitional pacts such as the Chilean Concertación governments and the 1989 Plebiscite (Chile).
The convention consisted of 155 members elected via districts using variations of Proportional representation and the D'Hondt method, with reserved seats for indigenous peoples including representatives of Mapuche, Aymara, Rapa Nui, Quechua, and Atacameño communities. Electoral lists ranged from established parties—Communist Party of Chile, Socialist Party of Chile, Party for Democracy (Chile), Christian Democratic Party (Chile), National Renewal (Chile), Unión Demócrata Independiente—to independent candidacies associated with movements like Frente Amplio, Movimiento Social Patriótico, and grassroots organizations linked to Mujeres and Pueblos Originarios activism. Gender parity rules mandated equal numbers of men and women, influenced by international norms from institutions such as the United Nations and models adopted in contests like the Icelandic constitutional reform debates. Voter engagement echoed patterns seen in elections for the Chamber of Deputies of Chile and the Senate of Chile.
The convention's mandate derived from the 2020 Chilean national plebiscite and the enabling laws enacted by the National Congress of Chile, defining scope akin to other constituent bodies such as the Constituent Assembly (Bolivia). Its powers included drafting the complete constitutional text, establishing provisions on rights, decentralization, indigenous peoples, social policy, and institutional design; however, ultimate approval depended on a national referendum, similar to ratification mechanisms used in the Constitution of Ecuador (2008). Procedural rules borrowed elements from parliamentary practice in the Chamber of Deputies of Chile and committee systems in bodies like the European Parliament, assigning commissions to thematic areas and setting supermajority thresholds for certain decisions. Leadership positions rotated and committee chairs included figures modeled on parliamentary speakers such as Michelle Bachelet in institutional roles, while debates referenced jurisprudence from the Inter-American Court of Human Rights.
Deliberations occurred in plenary and in specialized commissions—constitutional principles, fundamental rights, political system, judiciary, environment, and natural resources—mirroring structures seen in the Constituent Assembly of India and the National Constituent Assembly (France). Drafting incorporated comparative constitutionalism drawing on texts including the Constitution of Norway, Constitution of South Africa, Basic Law for the Federal Republic of Germany, and regional models like the Brazilian Constitution of 1988. Legal advisors included scholars from institutions such as the Universidad de Chile, Pontifical Catholic University of Chile, Central University of Chile, and think tanks like Centro de Estudios Públicos and Libertad y Desarrollo. Public sessions referenced mechanisms used by the Icelandic constitutional council and digital participation platforms pioneered in Estonia.
Key proposals addressed recognition of indigenous nations, plurinationality inspired by the Andean Community and models from Ecuador (2008 Constitution) and Bolivia (2009 Constitution), water rights and natural resource regimes recalling debates in Patagonia and legal disputes such as Aymara water conflicts, social rights including healthcare and education frameworks akin to provisions in the Constitution of Colombia and Constitution of Finland, and reforms to the political system suggesting a shift toward a unicameral or bicameral legislature analogous to reforms in New Zealand and Norway. Controversial articles involved provisions on the role of the President of Chile, mechanisms for fiscal decentralization comparable to Basque fiscal arrangements, nationalization clauses reminiscent of debates in Venezuela and Mexico, and environmental protections that would affect extractive industries like operations of CODELCO and debates over Escondida mine operations.
Political dynamics featured interactions among coalitions such as Apruebo Dignidad, Lista del Apruebo, Vamos por Chile, and independent blocs, with mediating actors including former presidents Ricardo Lagos and Eduardo Frei Ruiz-Tagle invoked in commentary. Social movements—students linked to CONFECH, labor unions like the Central Unitaria de Trabajadores, feminist collectives such as Ni Una Menos (Chile), and indigenous organizations like the Consejo de Todas las Tierras—influenced agenda-setting through mobilizations reminiscent of the 2011 student uprisings and international solidarity from actors like Amnesty International and the Inter-American Commission on Human Rights. Public participation mechanisms combined town halls, citizen initiatives, and digital inputs paralleling participatory experiments in Brazil and Colombia.
The draft constitution produced by the assembly proceeded to a national referendum modeled after comparative referenda like the 1999 Colombian constitutional referendum and the 2016 Ecuadorian constitution process. The ratification vote determined whether the new text would replace the 1980 Constitution; political consequences affected parties including Socialist Party of Chile, Communist Party of Chile, Unión Demócrata Independiente, and National Renewal (Chile), and influenced subsequent legislative and presidential contests. Debates about implementation engaged institutions such as the Supreme Court of Chile, the Electoral Service (Chile), and regional governments including Región Metropolitana de Santiago and Región de La Araucanía, while civil society organizations and international observers from the Organization of American States monitored compliance with democratic norms. The process had enduring effects on constitutional law scholarship at universities like the Universidad Diego Portales and on political realignment within coalitions such as Frente Amplio.