Chile faces a pivotal moment this Sunday, December 17, 2023, as citizens vote on a new constitutional proposal.
This draft, presented to President Gabriel Boric in October, aims to replace the existing constitution from Augusto Pinochet’s era.
Notably, this version appears more conservative than the 2022 proposal, which failed in an earlier referendum.
The Chilean Constitutional Council, mainly right-wing and conservative members, finalized the proposal after four months.
This process differs from the 2022 effort, involving 24 experts from Congress and elected politicians.
The right wing gained a majority in the Council, ensuring the draft’s passage with limited opposition.
Approval of this document would retire the 1981 Constitution, criticized during the 2019 “social outbreak” for perpetuating inequality.
The current proposal maintains some principles from Pinochet’s era, despite various amendments since its inception.
Ester Rizzi, a University of São Paulo professor and constitutional history researcher, notes similarities in both the 1980 and current constitutions, rooted in liberal constitutionalism.
She expresses skepticism about the new proposal’s ability to establish a practical Social State.
The new constitution proposes changes in political and legislative systems, mirroring aspects of Pinochet’s constitution.
It maintains Chile as a Democratic Republic with separated powers and a presidential system, including a bicameral Congress.
Unlike the 2022 draft, which sought to abolish the Senate, the new text introduces fewer institutional innovations.
Referendum Day in Chile: Choosing a Constitutional Path
Supporters of the “yes” vote argue these changes will foster stronger majorities in Congress, reducing legislative fragmentation.
Opponents fear a loss of representativeness. The proposal also emphasizes the private sector’s role in social rights, drawing criticism for perpetuating inequality.
The draft recognizes indigenous communities, unlike Pinochet’s constitution. It asserts the government’s duty to respect and promote their rights, embracing interculturality.
Regarding gender rights, the proposal ensures party candidacy parity but not elected parity.
It shifts language around protecting unborn life, sparking debates on abortion law implications.
Recent polls indicate a lean towards rejection of the proposal, with a narrower margin than in the last referendum.
This reflects President Boric’s current disapproval rating and the complexities of Chile’s political landscape.
Overall, this referendum is crucial for Chile, potentially marking a significant shift in its constitutional framework.
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