Monday, December 11, 2023

The draft new Constitution was approved in Chile

If the majority of the population rejects the proposal again, then the current Magna Carta will continue to govern; A third plebiscite cannot be called.

The Constitutional Council of Chile approved this Monday, with 33 votes in favor and 17 against, the draft of the new Magna Carta to be held in a plebiscite on December 17.

The initiative was drawn up amid strong controversy, as the right and far right were accused of imposing their majority on this body, without considering the points of view of the rest of the political forces.

On their last and historic day of work, the councilors made it clear that their positions could not be mutually agreed upon.

Those who voted against explained that this is a text that generates more polarization because it represents an abuse of rights; that he failed in the goal of forging a better Constitution and that it is worse than the one left by the dictator Augusto Pinochet; and this is the result of the “irresponsible and undemocratic attitude” of councilors who oppose the Government.

They also point out that it is “a Constitution for the rich”, which does not recognize the rights of women or indigenous peoples and where the conservative vision prevails.

On the contrary, the councilors who defended it argued that the left should not admit the “resounding failure” of the plebiscite last year; and that this new proposal shows Chile that it deserves the majority of the population.

In addition, in general terms, they define it as a Constitution of security, order, freedom and values, because it respects the right to life from conception, recognizes that Chile is “an indivisible country” and strengthens the institutional framework. .

What’s next?

The text will be sent on November 7 to President Gabriel Boric and, from that moment, the campaigns for and against the new proposal will officially begin.

In this way, the process that began last year has reached its final stage, after the first plebiscite was held in which it was rejected due, in large part, to the accusation that the left imposed its vision without transversal agreements. , without consensus.

Now the same thing happened, but correctly. The complaint even created a new term, because the text that will be the plebiscite was baptized “Kastitution”, in reference to the former far-right presidential candidate, José Antonio Kast, who now leads the opposition to Boric.

If the majority of the population once again rejects the proposal for a Magna Carta, then the Constitution implemented and inherited from Pinochet will continue to govern, because the third plebiscite cannot be called.

This second process is marked by citizen apathy and the majority’s level of rejection. The latest survey by the consulting firm Cadem, published this Sunday, reveals that there is only a favorable voting intention of 34% compared to 51% against.


The drafting of a new Constitution for Chile is a need arising from the social upheaval experienced in the country at the end of 2019.

Thus, on October 25, 2020, a plebiscite was held in which an overwhelming 78% voted in favor of completely replacing the Pinochet Constitution.

With this objective, in May 2021, 154 members of the Constitutional Convention were elected by popular vote, preparing a draft that was plebiscite last September and rejected by 62% of the population.

At the time, Boric, who had just completed six months as president, initiated a second process. After tense negotiations with the opposition, it was agreed that the new Constitution would have a different institutional structure than the first attempt.

Instead of a Convention, it was now decided that the Magna Carta would be drawn up by three bodies: an Expert Commission and a Technical Admissibility Committee whose members were appointed by the parties; and a Constitutional Council of 50 members who were elected by popular vote and who had only three months to write the second draft.

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