The change of the Constitution was one of the main demands during the protests that broke out in October of 2019 in Chile.
The current Charter Chilean Magna dates from 1980 and, although it was modified several times, it is criticized for being inherited from the military regime of Augusto Pinochet and for consolidating a residual role of the State in the provision of basic services.
Thus, in October 2020 Chileans approved by an overwhelming majority (almost the 77%) change this Constitution. And this weekend they will have to choose the 155 representatives of the Constitutional Convention whose mission is to write the new text.
Next, at BBC Mundo we explain in detail what is voted and why it is important for the rest of Latin America.
What are they voting?
East 15 Y 16 May, Chileans will have to choose from almost 1 , 300 candidates , to the 155 representatives of the C convention C constituent, whose mission will be to draft a new Constitution.
The body will be elected low u n gender parity mechanism unique in the world , which will guarantee a minimum of 45% of women. Indigenous peoples, meanwhile, will have 19 reserved seats.
The assembly will have 9 months to present a new constitutional text , which may be extended for 3 more months in a single opportunity. Then mid 2022, Chileans will submit to a new exit plebiscite to approve or reject the proposed new constitutional text.
In addition to the constituent elections, Chile will also vote for mayors and councilors to the 346 communes (municipalities) that make up the country and, for the first time d ince the return to democracy, citizens will elect governors for their 16 regions.
Election day generates strong expectations in the country led by President Sebastián Piñera. Support for different political forces, level of participation and the operation of the unprecedented parity electoral method in the world are some of the keys that will mark the day.
¿ Why should Latin America care?
In recent decades, the Chilean model has been widely praised. It was said that it was an oasis within Latin America, an economic miracle.
And the macroeconomic figures supported it: the South American country not only kept its Gross Domestic Product (GDP) at a level higher than the average of the region, but also managed to reduce poverty considerably and was characterized by its economic and political “stability”.
- Historical referendum in Chile: 4 keys to understanding the consultation in which the option to change was won the Constitution of Pinochet
Consequently, several Latin American countries —such as Peru, Colombia, Mexico or Ecuador— looked closely at what Chile was doing, even trying to imitate some of its “reforms neoliberals ”. A clear example is the pension system created in this nation, based on private pension fund managers ( AFP) , which was later reproduced by other nations in the region and the world.
But in October 1980, the Chileans took to the streets to protest as they said feeling “abandoned” by the State, they complained about the prevailing inequality in society and denounced “abuses” of the system. The change to the Constitution, then, appeared as the only way out to reform this system that, for many, had ended up turning Chile into a “private company”.
According to experts consulted by BBC Mundo, the big question now is how much of that model is going to “survive” after the change of the Magna Carta and how this will set a precedent for Latin America, especially for the nations that in one way or another tried to imitate the Chilean system.
“This model was imported in several countries in the region and should begin to be discussed with great force in places like Colombia, Peru or Ecuador. Therefore, Latin America must be attentive to how much the Chilean model will survive after the constitutional change ”, explains to BBC Mundo Lucía Dammert , Peruvian sociologist and expert in Latin American affairs.
A similar opinion is shared by the Argentine professor and political scientist expert in comparative constitutional politics Gabriel Negretto.
“The political and social crisis that emerged in October of 2019 questioned one of the strongest democracies of the region, a political and economic model that in comparative terms was one of the most successful in Latin America. For this reason, this constituent process is very relevant for the entire continent ”, he tells BBC Mundo.
The key, say the academics, will be in the role that will be assigned to it. to the State in the new Constitution . Currently, this has a “subsidiary” role and it is aimed at having a more leading role in the social sphere, guaranteeing rights such as health or education.
“That will be a powerful signal for Latin American countries, where clearly the State has been absent and a lot has been noticed with the pandemic ”, says Dammert.
Gender parity: unique in the world
Chile will become the first country in the world to create a Constitution with gender parity.
This can set an important example in the region not only because it recognizes the right of women to participate in equal conditions, but also because it represents an opportunity to write a Magna Carta with an equity focus.
“The feminism agenda is going to be very central and that is going to be something innovative, that is going to have interesting results for Latin America and the world in the sense what happens when women are seated under equal conditions to draft the new rules of a society ”, explains to BBC Mundo Marcela Ríos, assistant representative of the United Nations Program for Development (UNDP) in Chile.
“It will be the first constituent process that occurs after the feminist spring, after the world feminist movement. And that is very important ”, adds Ríos.
In this way, experts believe that the new Chilean Constitution could touch on issues that have historically remained pending, such as equal pay , the distribution of the burden of care or equal access of women to power.
Claudio Fuentes , academic from the School of Political Science of the Diego Portales University, believes that the Magna Carta “could establish gender equality as a principle.”
“It could establish the equality of men and women as a transversal principle to the different policies of the State. And that could be an interesting innovation for the Latin American and world context “, he tells BBC Mundo.
The native peoples and the” historical debts “
The Constitutional Convention in charge of drafting the new Magna Carta will incorporate the ten Chilean indigenous peoples recognized by the State , among them, the Mapuches, Aymara, Quechuas and Diaguitas . Of the 122 members of the assembly, 17 seats are reserved for Indigenous.
For Lucía Dammert, this is a “way to begin to resolve the historical debts” for these groups.
Chile and Uruguay are among the few countries in Latin America that lack of an explicit recognition of indigenous peoples in its Fundamental Charter. On the other side are Bolivia and Ecuador , two nations that not only recognize these peoples, but have chosen to enshrine the plurinational character of the State in their Constitutions, accepting their autonomy and their rights.
This matter is of vital importance for the region considering that, according to the United Nations (UN), indigenous peoples constitute more than 8.5% of its population , the highest proportion of all the world’s continents.
Although some countries have advanced more than others in their recognition, the social conditions in which they live are far from ideal. According to a report by 2019 of the International Labor Organization (ILO), the 30% of indigenous people in the region live in extreme poverty.
“It is a very present issue in the region and is part of the discrimination and inequality in Latin America. Many of these pending issues have to do with land ownership, which is at the heart of the continent’s model, ”says Dammert.
In this way, the Peruvian sociologist believes that The discussion that will take place in Chile regarding its indigenous peoples may be interesting to continue advancing in policies that help the development and integration of indigenous Latin Americans.
“It is necessary to think about a development model that recognizes the deepest Andean and Amazonian roots of the countries “, he adds.
Marcela Ríos, meanwhile, assures that the constituent process in Chile” is a huge opportunity because it can end up showing that they can unlock some of the problems that have historically been very hampered. ”
Among the demands of the original peoples of Chile is to create a plurinational State . In addition, they raise the need to have guarantees in territorial terms and the recognition of their culture and language, among other things.
Although Gabriel Negretto believes that the new Constitution will advance towards a greater recognition and increase of their rights, also affirms that there will be controversies.
“What will be controversial is whether it is moving towards a plurinational State, as in Bolivia and Ecuador, or merely cultural diversity is accepted, as in Colombia, for example. I believe that the new Constitution is more likely to follow this second path ”, he says.
Change in immigration policy
Another consequence may be a change regarding the migration policy of Chile.
This is important considering that Chile is currently one of the the most attractive nations of the region for the migratory flow of the continent as it is seen as an economically stable place.
According to figures from the Department of Immigration and Migration of the Chilean government, the foreign population has increased by 19, 4% in the last three years, reaching a total of almost 1.5 million, which e represents 7.5% of the total population.
“Historically, Chile has been understood as a single State that does not recognize the diversity and plurality of its inhabitants. And I believe that this new Constitution, in terms of recognition, may be important if the State is thought of as plurinational ”, explains Jorge Saavedra , academic in the sociology department of the University from Cambridge and an expert on social movements.
“When there is a plurinational state, migratory flows are understood as coexistence within the territory, as part of the country, and not as a threat to security,” he says.
For his part, Claudio Fuentes explains that it is possible that in the Constituent Convention “particular rights for migrants” are discussed.
“Today, their main rights have to do with civilians and politicians. On 1925, Chile gave the right to vote to residents and surely there will be a broadening of the debate on their particular rights. The discussion will be in accordance with international standards, such as the protection of human rights and non-discrimination, ”he says.
Can the new Constitution abate social discontent?
One of the big questions that open with this election of constituents in Chile is if an eminently political response, such as changing the Constitution, will be able to resolve the strong social discontent that continues to manifest itself on the streets of the country’s main cities.
And that, experts say, should be closely watched by other Latin American countries, where in recent months there have been protests and demonstrations against governments and political systems, as is now the case in Colombia.
“This is an experiment for the world regarding how a constitutional process, a political solution, helps you resolve conflicts and social demands ”, Fuentes highlights.
For Marcela Ríos, “offering an institutional mechanism of representation, participation and listening is something important to de-escalate conflicts”.
“You cannot respond to protests only with a security agenda, with police repression. You need to be able to understand where the unrest comes from and why citizens are mobilizing ”, he adds.
Although the final result is still a question mark —and the crisis is far from abating in Chile— experts agree in which experience can serve as an important precedent to rethink possible solutions that help reduce discontent in the country and throughout Latin America.
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