Chile is at a crucial juncture as it votes on a new conservative draft constitution in a referendum. This decision holds the potential to shape the future of the country, replacing the current constitution implemented during the reign of Gen Augusto Pinochet. However, the previous draft proposed by left-wing delegates was rejected in 2022, leading to the creation of a constitutional council dominated by right-wing representatives. This new draft has faced divided opinions among Chileans, raising concerns and uncertainties about its implications.
The demand for a new constitution arose in 2019 when Chile experienced massive anti-government protests, mainly led by left-wing students. These protests called for significant social and political reforms in the country. In response, then-President Sebastián Piñera initiated the process of rewriting the 1980 constitution. However, the initial draft, crafted by a constitutional convention chosen by voters, was met with resistance. Critics argued against its sweeping reforms, such as the proposal to replace the Senate with a new Chamber of Regions and the declaration of Chile as a “plurinational state,” recognizing the rights of indigenous groups.
Following the rejection of the first draft, a constitutional council consisting of 24 individuals designated by Congress and 51 representatives elected by the Chilean people was established to formulate a revised version. This revised draft is now being presented to the public for approval or rejection in the current referendum. However, polls indicate that the second draft may also face difficulties in gaining the necessary support, with a significant proportion of voters still undecided.
Critics of the current draft argue that it has swung too far to the right, representing a regression in various aspects of Chilean social and political life. Concerns have been raised regarding gender issues, indigenous rights, and abortion. Left-wing critics contend that the proposed text is ambiguous and potentially paves the way for future restrictions on reproductive rights. Moreover, they express discontent over the emphasis placed on private property rights and the involvement of the private sector in vital services like healthcare, education, and pensions. Some even argue that the new constitution is more conservative than the one it aims to replace.
On the other hand, proponents of the new draft argue that it grants individuals greater choice by allowing them to decide between public and private providers for basic services. They believe that this flexibility promotes freedom and protects individuals from being dependent on inadequately functioning state mechanisms. The far-right Republican party, holding a majority of seats in the constitutional council, supports the revised draft and encourages Chileans to vote in favor of change and improvement.
President Gabriel Boric, the left-wing former student leader who defeated Republican party leader and presidential candidate José Antonio Kast in 2021, has faced accusations from the opposition of openly endorsing the “reject” option. President Boric has already announced that he will not pursue another constitutional rewrite if the new draft is rejected. Hence, if the majority votes against the current draft, the existing constitution will remain in place, although suggestions for amendments and changes may be welcome.
Given the significant impact of this referendum, Chilean citizens must exercise caution and careful deliberation before casting their votes. Understanding the potential consequences and implications of adopting the new conservative draft constitution is crucial. The concerns expressed by various factions should be analyzed, including the potential setbacks in gender equality, indigenous rights, and reproductive rights. Equally important is evaluating the balance between private property rights and the role of the state in providing essential services.
Ultimately, Chile’s decision regarding its constitution will shape the path of the country for years to come. It will determine the extent to which social and political reforms can be realized, the protection of minority rights, and the balance between public and private sectors. Chileans must engage in informed and thoughtful decisions, ensuring that their voices align with their vision for the future of their nation.
