After 98 days of negotiations, the political forces agreed to promote the drafting of a Magna Carta
Last September, the constitutional text drafted by a joint convention was rejected at the polls
After 98 days of negotiations between a large part of the political forces and social movements, Chile will be given the possibility of a new constituent process. The call “Agreement for Chile” It is the consequence of the rejection of the new Magna Carta in the popular consultation last September. From the left to the traditional right they have agreed on a different mechanism from that of the Assembly that, in 2021, tried to remove the institutional matrix inherited from the dictatorship (1973-90). Unlike that experience, the road that will be covered from January, when a Expert Commission, It will be much more limited and the fruit of the strength that the right acquired when it was the winner in the referendum four months ago.
President gabriel boric It has also resulted in a point favored by this understanding. “We have taken a necessary and I hope decisive step to advance in a new social pact for a better democracy of these freedoms and social rights. Chile cannot continue waiting,” she said. The president of the Socialist Party, Paulina Vodanovic, also expressed her satisfaction. “It generates enormous hope. The technical terms that are included will allow dialogue, which is ultimately what we are looking for when building.”
The Social Democratic deputy Raúl Soto, who played an important role during the negotiations, maintained that the agreement will allow “combating populism and authoritarianism that they are evils that are just around the corner in our country”. In his opinion, “the left, the center and the right have become aware of this risk and together we have decided to defend our democracy to give the country more institutionality”.
Finance Minister Mario Marcel estimated that the negotiations have sought to shorten the process on the basis of “well-established rules of the game“. The important thing, he added, “is that we are going to have a Constitution that will be able to better represent Chileans, that will be able to recognize some of the changes not only in Chile, and that will put us in a better place to Look into the future”.
President @GabrielBoric delivers statements after agreement by constituent process https://t.co/18hcYnvAYc
– Presidency of Chile (@Presidencia_cl) December 13, 2022
a new mechanism
By virtue of the new relations of force, the future fundamental text will be elaborated by a body made up of 50 constituent councilors who will be elected by popular vote next April and another group of 24 experts, without the right to vote on the contents. The Constitutional Council will be installed on May 21 and must deliver the project on October 21 to be validated a month later at the polls.
The new Magna Carta will start from some shared certainties that have been highlighted in the agreement: “Chile is a Social and Democratic State of Law, whose purpose is to promote the common good; that recognizes fundamental rights and freedoms; and that promotes the progressive development of social rights, subject to the principle of fiscal responsibility; and through state and private institutions. “The first point of his underlines that“ Chile is a democratic Republic, whose sovereignty resides in the people “. The constitutional bases must be elaborated in turn on the recognition of the native peoples as part of the Chilean nation, “which is unique and indivisible.”
The Constitutional Council will be equal and includes seats for representatives of the original towns. The articles of the text will be approved “by 3/5 of the acting directors, submitting the final proposal to the Council for approval by the same quorum”.
Change of scenery
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The decision to draw up a Magna Carta to replace the one that was written in 1980 in the image and likeness of the dictator Augusto Pinochet was a consequence of the October 2019 social outburst. In this way, an attempt was made to channel the malaise that had manifested itself in the streets. In the heat of the protests, the conventional ones were elected. The Assembly had a clear predominance of the left and a vocation to write a markedly ecological text with a gender perspective.
The conservative forces lacked the power of veto and launched to completely discredit the work of the Convention. The September referendum took place in the midst of these disputes. The winners of that election, especially the traditional right, were able to impose conditions to redirect the path of the elaboration of another Magna Carta. The far right, led by José Antonio Kast, had played an important role in rejecting the text drafted by the Convention. Faced with the new scenario, she has decided to stand alone in defense of Pinochet’s Constitution.