Introduction
The election of Gabriel Boric as the President elect of Chile on the 19th of December 2021 hailed a new period in Chilean politics. Gabriel Boric, a 35 year old former student leader now has the tremendous responsibility to fulfil his poll promises which also includes the writing of a new Constitution[i]. His election campaign emphasised on fighting economic disparity, protecting the rights of the indigenous people, engaging socio-economic and ecologically sensitive reforms. The election witnessed a run-off in December in which Gabriel Boric received 56 percent of the votes and emerged victorious where his opponent José Antonio Kast received 44 percent, although in the first round the latter was leading by a small margin. After the elections President elect Boric was congratulated by his opponent José Antonio Kast and outgoing President Sebastian Piñera. The newly elected president elect addressed the nation and reiterated on working on his poll promises.
The 2019 protests and the demand for a new Constitution
Chile is one of the most economically and politically stable states in Latin America. It has successively registered consistent high economic growth fuelled by government policies, despite which economic disparity is a noticeable factor[ii]. Some of the persistent issues are related to paltry funding of public education, the privatization of water, private pension system and healthcare. The protests in 2019 escalated into a demand for a new Constitution. Previous attempts to amend the 1980 Constitution did away with some provisions; however the basic structure remained the same. The 2019 protests which occurred due to an increase in the subway fare[iii] witnessed protests and demonstrations leading to a rollback of the same by the government. However, this was not enough to satisfy the people and they demanded a complete change in the Constitution[iv]. The Piñera government appealed for calm and finally came to an agreement on the 15th of November 2019[v] under which a new Constitution would be placed for assent by a Constitutional Convention. The settlement called for a plebiscite regarding the drafting of a new Constitution and the election of a Constitutional Convention[vi]. In October 2020, 78 percent[vii] voted in favour of a new Constitution and the election of a Constitutional Convention. The Constitutional Convention would also be popularly elected. The 2019 protests was a defining moment in Chile that saw a mass demonstration due to a subway fare hike quickly take the shape of a popular demand for a new Constitution. While previous protests did not lead to such an agreement, 2019 was dissimilar as it led to the accumulation of diverse interests into a concrete demand to write a new Constitution.
Problems with the 1980 Constitution
The 1980 Constitution was designed by veteran lawyer Jaime Guzmán and maintained a free-market economy while restricting the political leadership’s power to engage in any major reforms[viii]. The argument entailed was in favour of political and economic stability of the nation. Some features of the Constitution were a strong executive and Presidency with 1/3 of the Senate members nominated. Under the concept of a protected democracy the military was awarded with the power to maintain institutional order subject to certain restrictions. The President of the Republic could not remove any of the Commanders in chiefs of the branches of the armed forces although he had the power to appoint them in consultation with the National Security Council. The Constitutional Tribunal was entrusted with the task of interpreting laws and decrees and its decision was final. Constitutional reforms would also be subjected to a presidential assent and 3/5 membership of both the houses of the Congress present and voting while a 2/3rd majority of the Congress would be required regarding amendments of Constitutional features that affect the powers of the president, Constitutional Tribunal, the Armed Forces and the National Security Council[ix]. As a result, the 1980 Constitution disallowed major changes affecting public policies.[x]
The challenges of writing a new Constitution
The elections for the Constitutional Convention were conducted in May 2021 which gave the right leaning coalition Chile Vamos 37 seats in the 155 member Convention. Apruebo Dignidad the left leaning coalition achieved 28 seats. 17 seats were reserved for the indigenous communities while a major portion of the elected members are politically independent. The result denies any single coalition a chance to veto resolutions and exhibits a balance in terms of representation. Although Chile has a legacy of political discipline and great emphasis is laid on achieving consensus, the President elect will have to mediate in the process of framing a new Constitution as well as maintain a political balance with the opposition. Although defeated, Antonio Kast will maintain a strong leverage limiting the newly elected president’s ability to carry out changes. For president Boric, the primary challenge is to incorporate diverse opinion in the process of drafting a new Constitution. For instance on the issues of education, healthcare, same-gender rights, rights of the indigenous people and state ownership of resources, the President may have to negotiate deals and act as a mediator between various organisations and interest groups in order to achieve a consensus[xi]. Mediation will also be required to accommodate divergent views regarding the economy, in this regard Gabriel Boric will have to adhere to his poll promises as well as take the economically influential groups and industrialists into confidence[xii]. Unlike amending certain provisions within a Constitution, this process of writing a new one will no doubt be a far more delicate process.
A further challenge is the time frame and the requirement of a super-majority for the final draft to be approved. This is particularly challenging considering the plethora of popular demands and the paucity of time. The Constitutional Convention has seven thematic committees, and for proposals to be included it requires 15,000 virtual signatures which will then be debated and placed for assent. By July 2022 the Constitutional Convention will have to submit the final draft which will then be ratified by a plebiscite and if approved the Congress will have to approve it. However, if the new text is rejected by the proposed plebiscite, then the 1980 Constitution will be in effect. The entire process should be completed within 9 months with a single extension of 3 months[xiii]. On a different dimension, the miscellany in the Constitutional Convention is a welcome sign as it will offer different sections of the society a chance to be represented. Gabriel Boric and the opposition, including various interest groups will need to work in coordination to come to various agreements in conjunction with the drafting process.
At this juncture, the President elect will have to supervise over a formidable task as the drafting of a new Constitution will be a process of negotiation and mutual acceptance where his role will be even more important considering him as a focal point of converging interests[xiv].
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*Dr. Arnab Chakrabarty, Research Fellow, Indian Council of World Affairs, New Delhi.
Disclaimer: Views expressed are personal.
Endnotes
[i] Romina, G. Rioja (23rd December 2021). In Chile, Boric’s win signals victory for social movements and new constitution. NACLA. https://nacla.org/news/2021/12/23/chile-boric-social-movements-constitution. Accessed 14th of January 2022.
[ii] Ciara Nugent (25th October 2020). Chileans are about to vote on rewriting their whole constitution. Will it turn a ‘social explosion’ into a new plan for the country? https://time.com/5900901/chile-constitution-referendum/. Accessed 2nd of February 2022.
[iii] Alisha Holland (1st November 2019). Chile’s streets are filled with protest. How did a 4 percent fare hike set off such rage? https://www.washingtonpost.com/politics/2019/11/01/chiles-streets-are-fire-with-protests-how-did-percent-fare-hike-set-off-such-rage/ Accessed 6th February 2022.
[iv] Alejandro Maciel (23rd October 2019). No son los 30 pesos, sino los 30 años de indiferencia, dicen los manifestantes chilenos. https://www.latimes.com/espanol/internacional/articulo/2019-10-23/no-son-los-30-pesos-sino-los-30-anos-de-indiferencia-dicen-los-manifestantes-chilenos. Accessed 16th of January 2022.
[v] The original statement reads ‘Acuerdo por la Paz Social y la Nueva Constitución’. Agreement for Social Peace and for a new Constitution.
[vi] Two questions were asked in the referendum which were (i) Whether or not a new constitution is wanted, and (ii) what type of a body should draft it.
[vii]Claudio Fuentes (24th October 2020). El proceso de Constituyente en Chile y el desafío de la democratización. https://theconversation.com/el-proceso-constituyente-en-chile-y-el-desafio-de-la-democratizacion-148764. Accessed 10th February 2022.
[viii] Natalia A. Ramos Miranda (6th November 2019). Explainer: Chile’s constitutional conundrum-to change or not to change? https://www.reuters.com/article/us-chile-protests-explainer-idUSKBN1XG2WV. Accessed 3rd February 2022.
[ix] Daniel Pastor (2004). Origins of the Chilean Binominal Election System. https://www.scielo.cl/pdf/revcipol/v24n1/art02.pdf. Accessed 10th February 2022.
[x] Javier Couso Salas (27th November 2015). Chile’s quest to introduce a constitution elaborated under democratic conditions. Constitutionnet, https://constitutionnet.org/news/chiles-quest-introduce-constitution-elaborated-under-democratic-conditions. Accessed 3rd February 2022.
[xi] Romina, G. Rioja ( 23rd December 2021). In Chile, Boric’s win signals victory for social movements and new constitution. NACLA. https://nacla.org/news/2021/12/23/chile-boric-social-movements-constitution. Accessed 3rd February 2022
[xii] Romina, G. Rioja (2021, 23rd December). In Chile, Boric’s win signals victory for social movements and new constitution. NACLA. https://nacla.org/news/2021/12/23/chile-boric-social-movements-constitution. Accessed 14th of January 2022.
[xiii] CFR (6th May 2021). Chile Constitutional rewrite: A difficult path ahead, but a recipe for inclusion. https://www.cfr.org/blog/chiles-constitutional-rewrite-difficult-path-ahead-recipe-inclusion. Accessed 3rd February 2022.
[xiv] Evan Ellis (16th December 2021). Challenges facing Chile’s next government: Part 2. https://theglobalamericans.org/2021/12/challenges-facing-chiles-next-government-part-2/. Accessed 3rd February 2022.