Focus on the Chile’s constitutional overhaul

After three years of turmoil, Chile is at a crossroads. In May 2022, delegates stopped drafting what could be a very progressive constitution. The Constitutional Convention, formed after social movements swept the country in 2019, will deliver a new draft on July 4 — new rights for women, indigenous people, people with disabilities, the environment, and animals.

A Commission is in charge of fine-tuning a draft of Chile’s new constitution and mapping out the transition from the existing subsidiary state doctrine to a focus on rights and social programmes before it is subject to a referendum in September. In late 2020, citizens overwhelmingly voted to draft the new constitution after violent protests against inequality erupted across the country.

The proposed document, which citizens will vote to approve or reject in September, expands social rights and is a sharp turn from the current market-friendly constitution that dates back to 1980. This text depicts a new way of defining relationships between individuals and understanding life in Chile. Rights to education, housing, work and social security are listed. The draft Magna Carta also increases autonomy for indigenous territories expands environmental rights, and makes fighting climate change a constitutional duty for the state.

The text reforms Chile’s political system, allowing immediate presidential re-election and replacing the senate with a new chamber of regions. Constitutional reforms to be passed by a simple majority, though those affecting the organisation and functioning of the legislative and justice systems, electoral process, states of constitutional exception and public organisations are to require a majority of those lawmakers in office. Some constitutional reforms require a ratifying referendum unless approved by 2/3s of both Deputies and the Regional Chamber members. Ordinary laws to be approved by a simple majority of lawmakers present (quorum >1/3 of lawmakers in office) state an active role in the economy. The State can pursue entrepreneurship activities, adopting different forms of property, management, and organisation to be determined by the law.

If a majority approves the draft, it will be ratified as Chile’s new constitution. If it is rejected, the 1980 document will remain in force.