Almost three years after the “social wave” that hit the streets of Chile leading to a plebiscite to amend the constitution and, finally, to a change of government, the country has the final draft of its new constitution, which will be voted on on 4 September.
The text seeks to replace the Political Constitution of Chile, enacted in 1980, at the time of the dictatorship of General Augusto Pinochet, and was prepared by the Constitutional Convention, which emerged from the October 2020 plebiscite — when the “yes” to constitutional reform won the vote. 78% support.
The convening of the plebiscite was a consequence of the wave of violent protests in the country and the repression of the acts.
Chileans will be asked to vote for or against the new constituent on Sunday, September 4th. The final project, which this Monday (4th) was delivered to the president Gabriel Boric by the Constitutional Convention, is now available to the population.
“This September 4th, you, dear compatriots, will be the protagonists of the historic decision on our Political Constitution,” Boric said on his Twitter account, then asking Chileans to read the bill before the vote. “May these two months be a civic school for everyone,” he added.
“Democracy is not easy and, in addition to the legitimate differences that may exist in the content of the text, there is something we all have to be proud of: at the moment of the deepest institutional, political and social crisis that our country has experienced for decades, Chileans and Chileans opted for more democracy,” Boric said in a televised message on Monday.
What are the characteristics of this new Constitution and how does it differ from the current one?
Changes and continuities
“In this draft of the new constitution, there are changes and updates, and also many elements of continuity that maintain the republican and democratic tradition that we value so much,” said Boric.
The Constitutional Convention took 12 months to prepare the final project, which has 388 articles organized into 11 chapters.
In its first article, which discusses the general principles and provisions, it is established that “Chile is a social and democratic state governed by law. It is plurinational, intercultural, regional and ecological”.
He adds that “it is constituted as a solidary republic”. “Its democracy is inclusive and equal. It recognizes the dignity, freedom, substantive equality of human beings and their indissoluble relationship with nature as intrinsic and inalienable values”.
The 10 pillars of the project and their differences with the current Constitution
According to the official website of the Constitutional Convention, the project is based on 10 pillars that bring together “fundamental elements and the most relevant norms”.
These are its main provisions and the differences with the current text:
The new Constitution is based on a democracy where power “lies in the people, by the people and for the people”, with attention to transparency, equality, freedom of thought and expression.
In addition, the project contemplates, unlike the current text, mechanisms of participatory democracy, including the popular initiative of law and the participation of territorial entities and indigenous peoples and nations.
It is understood that Chile is a plurinational and intercultural State, at the same time unique and indivisible, based on equality and non-discrimination. For the first time, the constitutional text enshrines rights for, among others, women, children and adolescents, people of indigenous peoples and nations, people with disabilities, people of general gender diversity and dissidence.
Based on the current division of powers between the Executive, in the hands of the president, and the Congress of Deputies, the new project marks the end of the Senate, replaced by the Chamber of Regions, where each region will have the same number of representatives.
The new State also recognizes the legal systems of indigenous peoples, which will coexist with the National Justice System, demilitarizes the police and defines the role of the Armed Forces exclusively in the face of external aggression.
The new Constitution guarantees essential rights such as health, education, recognition of domestic and care work, the right to housing, adequate food, the human right to water and basic sanitation, and the right to live in a safe place, free from violence. It also includes parity and a gender perspective.
According to the text, democratic coexistence is based on respect for individual and collective freedoms, and thus recognizes, among other things, freedom of religion, thought, expression, teaching and the freedom to undertake and develop economic activities.
For the first time, the text protects the right to a life free from gender-based violence, sexual and reproductive rights and the right to identity, and highlights the gender perspective in justice, the principles of parity and partisan and inclusive political representation.
- Protection of nature and the environment
Also for the first time, the final wording confirms the rights of nature and the State’s special duty of custody over the country’s natural commons.
The text also includes a catalog of environmental human rights, such as the right to a healthy and ecologically balanced environment.
Regulations that guarantee protection of ecosystems such as glaciers and swamps are also included. The text thus recognizes the existence of a global climate and ecological crisis.
The new Constitution considers Chile as a Regional State, whose public policies are “relevant to territorial needs, adapted to different local realities”, recognizing the autonomy of regional governments, municipalities and other regional entities.
For the first time, the formation of indigenous territorial autonomies is also established, in which indigenous peoples and nations will exercise rights of autonomy, in accordance with the unique and indivisible character of the country.
Recognizing the challenges presented by advances in science and technology, the right to digital political participation, information, knowledge, education and digital connectivity, and the protection of personal data are incorporated.
Bioethical principles are also established, subordinating scientific and technological development to solidarity, cooperation, responsibility and respect for human dignity, animal sentience and the rights of nature.
In one of the most debated points during the Constitutional Convention, the project enshrines the principles of fiscal responsibility, territorial equity and development in harmony with nature.
A more active role for the State is also established, in addition to “regulating, inspecting, promoting and developing economic activities”.
Thus, it validates the autonomy of the Central Bank and the principle of fiscal sustainability of finances, while giving the State powers to prevent and punish market abuses and protect consumer rights.
With regard to mining, it is established that the State will have “absolute, exclusive, inalienable and imprescriptible control over the mines, regardless of the ownership of the land on which they are located”, and that it will subject the exploration and use to specific legislation that consider its environmental impact.
With information from Jorge Engels
Source: CNN Brasil
I’m James Harper, a highly experienced and accomplished news writer for World Stock Market. I have been writing in the Politics section of the website for over five years, providing readers with up-to-date and insightful information about current events in politics. My work is widely read and respected by many industry professionals as well as laymen.
