On September 4, a historic plebiscite will be held for Chile: It will be defined if the citizens approve or reject the new constitution, drafted by the Constitutional Convention with gender parity and participation of indigenous peoples. It is a milestone in the continent that could mark the change of course for the nation.
About 15.5 million Chileans will be summoned to the polls to vote for a text that proposes a change in the country’s institutionality: the new Magna Carta proposes the declaration of a democratic and plurinational social state of law, and that also seeks to erase the vestiges of the dictatorship of Augusto Pinochetin which the current Constitution was born, and crystallize the requests of the social outbreak of 2019.
These are the keys to understanding the historic plebiscite that divides Chile and leads it to debate between the past and the future.
The process towards a new constitution: the social outbreak
Plaza Italia, a symbolic border between the poor and rich neighborhoods of Santiago de Chile, was the place where groups of young people gathered to protest against the increase in the subway ticket. What seemed like a harmless protest ended in questions about the direction Chile was taking.
“In the first mandates of Bachelet and Piñera, the student protests were very important. In fact, part of the current government, including President Gabriel Boric, forged his career on the streets,” he stressed. John Paul Arayafrom the State University of O’Higgins.
The social outbreak of October 2019 and the massive social mobilizations sought to express discomfort with the model of society and the inequalities in the country. The more than 30 years in democracy, in which the greatest economic and social progress in history took place, were harshly criticized for the lack of changes and for being inherited from a ferocious dictatorship like Pinochet’s.
“During the 30 years after the dictatorship, there was a lot of stability,” says Kenneth Bunker, director of the pollster Tresquintos—, but everything vanished. This tumultuous period has pushed people to think about the kind of society they want to live in.”
All this political maelstrom aggravated the crisis and led to the Peace Agreement and a New Constitution that presidents of various parties signed on November 15, 2019. The demand for change was confirmed on October 25, 2020, when almost 80% of the citizenry voted in favor of drafting a new constitution.
“Today we have once again demonstrated the democratic, participatory and peaceful nature of the spirit of Chileans and the soul of the nations, honoring our tradition as a republic,” he said. Sebastian Pineraformer president of Chile, after the “yes” was imposed for the drafting of a new constitution.
For Arayathe outburst did not arise spontaneously, but is explained by “a very elitist system that has failed to respond to social demands.”
What changes does the new constitution of Chile propose?
1. “Parity Democracy”
The new constitution proposes to move from a “Democratic Republic” to a “Parity Democracy” and proposes that women occupy at least 50% of all positions in the State and presents measures to achieve equality. This is a reflection of the wording of the text that for the first time in the world was done with equality between men and women.
“The fact that this Constitution has been written on a parity basis is reflected both in the rights that have been considered and in the way in which the State is organized —says Lita Vivaldi to the BBC, a doctor in sociology from the University of London— Parity democracy is a principle that permeates the entire Constitution. That is a radical difference.”
2. “Ensure conditions for pregnancy, voluntary interruption of pregnancy, voluntary and protected childbirth and maternity”
The new text sets aside what is stated in the current Constitution (“The law protects the life of the unborn”) and recognizes the free, autonomous and non-discriminatory exercise of sexual and reproductive rights, and states that the State must ensure the conditions for a voluntary and protected pregnancy, childbirth, and motherhood, and for a voluntary interruption of pregnancy.
3. “Plurinational and intercultural State”
The new constitution defines Chile as a Plurinational and Intercultural State, and recognizes 11 peoples and nations: Mapuche, Aymara, Rapa Nui, Lickanantay, Quechua, Colla, Diaguita, Chango, Kawashkar, Yaghan, Selk’nam “and others that can be recognized in the manner established by law,” the text notes. This is a radical change to Pinochet’s constitution, which made no mention of originary or indigenous peoples.
4. Political system
The 1980 constitution defined Congress as having two branches: the Chamber of Deputies and the Senate. And it is specified that both have as their purpose the formation of laws, which can be perfected by the Senate. The new text eliminates the Senate and creates two chambers of “asymmetric” power. A Congress of Deputies for the elaboration of laws (with 155 members) and a chamber limited to regional laws.
What do the polls say about the plebiscite in Chile?
Days after the historic plebiscite, the polls point to the failure of the proposal to replace the Constitution inherited by the dictatorship of Augusto Pinochet. The polls coincide in percentages that reach 56% of the “no” and are between 4 and 12 points apart, according to AFP.
However, the polls also show a large percentage of undecided, 10% and 15%, which can make a difference in the final decision.
“I vote ‘reject’ mainly because the idea of creating (the new Constitution) was born at a time of great crisis in our country; It was not a decision made objectively,” Luz Galarce, an educator, told AFP. “I think that with the way in which people manifested themselves, we showed the darkest side of Chileans: destroying for destroying,” adds the 53-year-old woman.
However, for Esteban Córdoba, a 40-year-old artist, the change in the Magna Carta “opens a window, not yet a door, for us to become a developed nation.” And he states: “Every constitution must be renewed when there is a need for transformation in a country.”
What will happen if he does not win the “approval”?
President Gabriel Boric announced that if the citizens reject the proposal for a new constitution in the plebiscite on September 4, a new process will be promoted. The president assured that they would seek to convene a vote again so that Chileans elect new members for a second Constitutional Convention.
“If the ‘rejection’ alternative wins, We are going to have to prolong this process for another year and a half, where everything is going to have to be discussed again, from scratch,” said Boric.
In an interview for The Republic, Oscar Daniel Jadue Jaduea Chilean politician from the Communist Party of Chile, said that “If this path fails, an alternative route of constitutional change would have to be sought and, for the Communist Party, the most propitious will always be a constituent assembly with full powers.”
For your part Jose Rodriguez, a Chilean diplomat, analyzed the scenarios if the new constitution were rejected: “We would erase the anguish of living on the edge of 11 nations that we would have to go through with a ‘passport’. We would cancel the farewell ceremony for the bicentennial republic and the unitary state. Equally or more importantly, the decline in the country indicators would stop at the mezzanine level, it would be easier to lay the foundations for a good mixed economy and perhaps we could convince the incumbent politicians that they are the ones who should be refounded”.
Everything you need to know to vote in Chile’s plebiscite on Sunday
Compulsory voting
The Chilean Electoral Service (Servel) informed that the vote will be mandatory without exceptions for those who are in the country. The only exception will apply to citizens who are abroad, for whom suffrage will continue to be voluntary.
How many people will go to vote?
According to Servel, there are 15,173,857 people who are authorized to cast their vote. And according to a survey by Pulso Ciudadano, it is expected that between 74.7% and 79.5% of all Chileans will go to vote on Sunday (equivalent to 11,624,076 people).
Fines for not voting
Fines range from approximately $29,120 to $174,740.
time to vote
Starting at 8:00 am, tables with at least three members will be enabled. The premises will close at 6:00 p.m., as long as there are no voters waiting in line.