The The plenary session of the Constitutional Convention approved this Wednesday only partially seven of the nine articles of the first report of the Commission on Constitutional Principles who had advanced to the vote in particularin such a way that only eleven paragraphs received the green light to be reflected in the proposal for the Fundamental Charter.
The constituents deliberated each section of each rule separately, and the first to see the rejection were the three that make up article 1, that declare that “Chile is a Social and democratic state of law” and that “his character is plurinational and intercultural and ecological”, in addition to consecrating “a democratic, supportive and parity“.
He obtained 100 votes in favor, but fell three short of reaching a two-thirds quorum.
“NOT BELIEVED”
The result was lamented by the conventional Jaime Bassa (Frente Amplio), who urged those who did not support the proposal to rethink it for the future new vote, given that the rejected points must be reviewed and perfected in committee.
“I would expect that the groups that did not join reflect a little on the transforming potential that has a clause like this, in the sense of declaring Chile a social and democratic State and law, because it is a declaration that builds the country from equality, from social rights, from work, from housing,” he urged the former vice president of the Convention.
It was rejected with 100 votes (it needed 103). They voted against the right (was that no!) and the Plurinational and Popular Constituent Coordination. https://t.co/AU7DSGEY3H pic.twitter.com/Ea8CHxqLt6
— Fernando Atria. (@fernando_atria) March 16, 2022
“They voted against the right (was that no!) and the Plurinational and Popular Constituent Coordinator”, reproached the constituent Fernando Atria, also from the FA.
Previously, the constitutional lawyer had stated that “it is likely that the Constitution we are building will be known in the future as a social constitution, and it is that this is a true turning point in the way we have understood the functioning of the public, in general, in relation to the neoliberal decades that preceded us; decades that were characterized by the extension of the market to spheres of life usually linked to social rights, with a level of radicalism little known in the rest of the world: a segregated educational system, a health system for the rich and another for the poor, a pension system that creates poverty”.
“Not to believe!”reacted to his turn Beatrice Sanchez (FA) via Twitter.
“The social rule of law was lost, which allowed to overcome, at last, the subsidiary state legacy of Pinochet. It was to begin to leave the Constitution of 80 behind. I expected it from the hard right, but not from the Plurinational Coordinator who came to ‘change things,'” he lashed out.
Not to believe!
The social rule of law was lost, which made it possible to finally overcome the subsidiary state inherited from Pinochet. It was to begin to leave the Constitution of 80 behind.
I expected it from the hard right, but not from the Coord. Plurinational that came to “change things”
???? pic.twitter.com/mmKaZRbO9R– Beatriz Sánchez (@labeasanchez) March 17, 2022
Tania Madriagawhich is part of the Plurinational Constituent Coordinator, explained its vote against in plenary: “The paragraph says that it is a social and democratic State of law, and we believe that it should say guarantor of rights. That’s the kind of discussions and precise definitions we’re in at this point. We hope that it will be resolved in the way that we are proposing it,” he said.
DISMISSED RECOGNITION OF INDIGENOUS SYMBOLS AND EMBLEMS
The other item you saw rejection of all its paragraphs is 17on the national emblems.
“Son representative emblems of Chile the flag, the coat of arms and the national anthem“, says the first point, that having achieved at least a simple majority, it will return to committee; while it remained discarded of the debate the second point, which established that “the The State recognizes the plurinational symbols and emblems of the different indigenous and tribal peoples“, given that he only got 52 supports, that is, less than half.
The constituent Marcela Cubillos (independent-UDI) reproached that the Plenary has also rejected an indication presented by the right. “Microclimate inside the Convention. Outside this building, the rest of Chileans love their flag and their anthem“, compared annoyed.
Our indication that intended something as normal as: “The flag of Chile, the coat of arms of the Republic and the national anthem are national emblems”. Microclimate inside the Convention. Outside this building, the rest of Chileans love their flag and their anthem ????????
— Marcela Cubillos Sigall (@mcubillossigall) March 16, 2022
He also had a setback first paragraph of article 12which defines that Chile “is a multilingual stateits official language is Spanish and the languages of the indigenous peoples will be official in their territorial autonomy”. It had 89 votes in favor, so it can be reviewed and perfected in the commission.
“In a monolingual country a lot of pedagogy must be done so that the value of indigenous languages, so discriminated against like the peoples, is understood. We will continue until the people speak their languages with pride,” said Elisa Loncon, Mapuche representative and former president of the Convention.
Return article 12 to the commission. In a monolingual country, a lot of pedagogy must be done so that the value of indigenous languages, as discriminated against as the peoples, is understood. We will continue until the people speak their languages with pride. pic.twitter.com/MWfTfKKzIi
— Elisa Loncon – Mapuche Constituent (@ElisaLoncon) March 16, 2022
THE SEVEN PARTIALLY APPROVED ARTICLES
The articles with approved subsections are the following:
- Article 6.- Substantive Equality. The Constitution guarantees all people substantive equality, as a guarantee of equal treatment and opportunities for the recognition, enjoyment and exercise of human rights and fundamental freedoms, with full respect for diversity, social inclusion and the integration of oppressed and historically excluded groups.
- Article 9.- Nature. People and towns are interdependent with nature and form, with it, an inseparable whole.
-Nature has rights. The State and society have the duty to protect and respect them.
-The State must adopt a ecologically responsible stewardship and promote environmental and scientific education through permanent training and learning processes. - Article 9M.- Chile is an oceanic country. It is an integral duty of the State to conserve, preserve and care for continental, insular and Antarctic marine and coastal ecosystems.
- Article 11.- Interculturality. The State is intercultural. It will recognize, value and promote horizontal and cross-cutting dialogue between the diverse worldviews of the peoples and nations that coexist in the country with dignity and reciprocal respect. The State must guarantee the institutional mechanisms that allow this dialogue, overcoming the existing asymmetries in the access, distribution and exercise of power and in all areas of life in society.
- Article 12.- The State recognizes the Chilean sign language as the natural and official language of deaf people as well as their linguistic rights in all spheres of social life.
- Article 14.- Probity and Transparency. The exercise of public functions obliges their holders to strictly comply with the principles of probity, transparency and accountability in all their actions, with the general interest prevailing over the individual.
-It is the duty of the State to promote the integrity of the public function and eradicate corruption in all its forms, both in the public and private sectors. In compliance with the foregoing, it must adopt effective measures to prevent, detect and punish acts of corruption. This obligation encompasses the duty to administratively and judicially pursue the application of the corresponding administrative, civil and criminal sanctions, in the manner determined by law.
-A law will regulate the cases and the conditions in which the civil servants, civil servants and authorities delegate to third parties the administration of those goods and obligations that suppose a conflict of interest in the exercise of the public function. It may also consider other appropriate measures to resolve them. - Article 15.- Constitutional and Legal Supremacy. Chile is a State founded on the principle of constitutional supremacy and unrestricted respect for human rights. The precepts of this Constitution are equally binding on any person, institution, authority or group.
-The organs of the State and their owners and members, act after regular investiture and submit their actions to the Constitution and the rules issued in accordance with it, within the limits and powers established by them.
???? PLENARY VOTE N°69 | PARTICULARLY APPROVED Subsection 2 of Article 14: Integrity and transparency
???? The paragraph goes to the draft of the #NewConstitution!
✅ For: 106
❌ Against: 17
⚠️ Abstention: 27 pic.twitter.com/6EC34VY10J– Chile Convention (@convencioncl) March 16, 2022