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Chile’s Rejection of A New Constitution

Sarah Williams 


On September 4th, 62 per cent of Chileans rejected the approval of the new Constitutional Draft, clashing against the wave of the left-leaning movement rising throughout the continent of South America. This recent event has caused a sense of victory for most Chileans, but disappointment and shock for others.

The rejection of such a move leads many to wonder what will be next for Chile. With the results of the plebiscite, President Boric assured the public, “We must listen to the voice of the people, not only today, but in all of the intense years we have lived up until now.”  

Promoting a spirit of self-criticism, he urges Chileans to work together on a new Constitution draft. Though unclear of what that will look like, Chile continues to take steps away from the ongoing shadows of Pinochet’s Fundamental Letter. 

Why a New Constitution? 

There is little doubt that Chile is unified by the wounds of its past. Most adults grew up during the dictatorship and well remember the dangers of their freedom. Dictator Pinochet left a trace of silence, torture, and disappearance of people, which since has led many Chileans to revolt. 

In Valparaíso, a port city a few hours outside of the capital of Santiago, remnants of the past are painted on its streets. Considered the UNESCO Patrimony and the cultural capital of Chile, colourful murals project the message of so many Chileans: ‘Freedom’ and ‘without fear’.

“I felt that we were finally breaking free from the 30-year silence”

While Chile has undergone several decades of social reform, including changing, 60 per cent of Pinochet’s constitution, the “sin of origin” cannot be ignored. 

“I think one of the problems of the Constitution is the problem of legitimacy. Though there have been significant changes, part of this frustration is rooted in this ‘sin’. If we look at constitutions in other countries, we can see how they’ve changed and survived. By not having the ‘sin of origin’ or not representing a severe problem, many constitutions have been able to continue in use without arriving at the situation we find ourselves in today,” says Cristóbal Rovira, director of the Institution of Social Sciences (ICSO-UDP). 

This built-up frustration reached a turning point on October 18th of 2019. Sparked by a 30-cent peso increase in the price of a metro ticket, thousands of secondary and university students invaded the metro of Santiago. The frustration and anger spread into an outbreak of protests throughout the country. Day-to-day events came to a halt as people vandalized their cities and protested, filling the streets, plazas, and highways to make their voices heard. The protests continued for weeks and months. In a recent documentary, “My imaginary country” by Patricio Gúzman, multiple protestors share their testimonies. 

“I felt that we were finally breaking free from the 30-year silence,” says a photographer, whose left eye was shot by the police during a fight, in the documentary.

The uncontrollable outbreak urged then-president Piñera to intervene. After a series of intense negotiations, political leaders agreed to create a draft of a new Carta Magna. A year later, in October 2020, Chileans voted and agreed to proceed with the development of this new draft. Since current president Gabriel Boric stepped into office earlier this year, he has formally and politically aligned with the development of this new constitution. 

Boric’s Plan and The Constitutional Draft 

As the youngest president to join the Chilean government, Boric stepped into office on the 11th of March of this year. Since, he has proposed 53 concrete changes for Chile based on four transversal perspectives that aim to promote social justice and the decentralization of power: feminism, a just ecological transition, the decentralization of Chile, and the guarantee of decent work. Other changes include supporting education, mental health, children’s rights, LGBTIAQ+, and women’s rights. 

As part of the left-leaning party, Boric supported the draft of the proposed constitution. 

Crafted by the first gender parity set of constituents, it aimed at giving community leaders a voice in the process. Besides reserving 17 seats for Indigenous communities, the draft included multiple amendments that mirrored the desire to establish a constitution based on social equality and justice.

Some of these initiatives include the recognition of a plurinational state, gender diversity, neurodiverse individuals, innovative initiatives for the protection of Chile’s environment and the overall development of critical thought through educational institutions.

“As a professor who sees the importance of non-profit educational institutions, I think it’s vital to look at our education as a social pillar and promote [its] development,” says Vicente Cabrera Soto, professor at Duoc UC.

“Chileans’ priority is not social justice, but rather a better quality of life”

Dr. Rocio Parra, a contributor to the constitutional draft, also shares her perspective on the government’s role in the protection of the environment: “It’s essential for the government to protect our land, our coast, and our resources. That’s why this new constitution holds laws that clearly uphold that.”

The Rejection of the constitution and what’s next 

As the most participative plebiscite in the history of Chile, the plebiscite on September 4th was subject to a rigorous and orderly process, conducted within a time frame of one work day. 

Alex Dixon Fajardo, journalist, and Head of Communication for the city of Valparaíso during Boric’s first campaign, Fajardo self-criticizes the left party for its “intellectual sobriety” and assumption that people would have the time to read the constitutional draft.

Bound within a blue booklet that was passed out on the streets, the new constitution was a project carried out by a professional and academic demographic. “Most people in Chile, however, are too busy to read a booklet of amendments, much less under two months,” he explains.

Fajardo contrasted both left and right campaigns: “The right party campaigned from day 1″ He continued that they had an “Understanding [of] their own defeat in the plebiscite of 2020, they brought visibility to problems in Chile that remain unresolved today.” He reflected that the left party was weak in the communication of their ideas to the public.

Though there are many other reasons as to why the rejection prevailed at the plebiscite, Fajardo highlights the reality that Chileans’ priority is not social justice, but rather better quality of life. While a good percentage of Chile has had time to toil with different ideals and better imagine a country focused on equal rights, most Chileans are afraid of too much change all at once, and would rather take small steps. 

What’s next for Chile? 

In Boric’s words, the voice of Chileans will be heard and considered in this next step. While there may not be another constituent process, Congress will step in and begin the draft of a new constitution. 

“Perhaps it will be less modern or transformative, but it could be better than the one we have now”, Fajardo says. 

It has been 50 years since the coup d’état of Pinochet. Chile has defeated tyranny and built a democracy, all while developing one of the strongest economies in South America. While many are disappointed at the plebiscite’s results, there’s no doubt Chileans will continue taking steps away from the past. 


Featured image courtesy of mauro mora via Unsplash. Image license found here. No changes were made to this image.

 

Writer based in Madrid, Spain. Content focused on culture, diversity, and education.

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