The Evolving Constitution of Chile: A Balancing Act Between Civic Aspirations and Political Realities
About the Convención Constitucional of Chile | Written on September, 2023
Introduction
In recent years, Chile has experienced a political and social transformation underscored by an extensive constitutional revision process. The initiative has seen multiple phases, each accompanied by unprecedented citizen participation and intense political engagement. However, with this process comes the question of whether the evolving constitution will meet the expectations of the citizenry and maintain the stability of the nation.
The Historical Context
The constitutional process in Chile is not a standalone event; it comes on the heels of a historical trajectory. The 1980 Constitution, enacted under the regime of Augusto Pinochet, has long been regarded as lacking legitimacy due to its origin. Even after significant amendments, including those in 2005 under President Ricardo Lagos, the constitution has been viewed as inadequate in addressing the nation's growing demands for social justice and equality.
The Initial Phase: The Conventional Constitution
The first significant move towards constitutional reform began after the social unrest that erupted in the country, with citizens demanding better social security and governance. This led to the formation of a Constituent Assembly, which was mandated to draft a new constitution. However, the drafted proposal was met with substantial disapproval, with 62% of the population rejecting it in a 2022 plebiscite.
The New Framework: A Multi-Organ Approach
Following the rejection, a new process was initiated with more nuanced approaches to incorporate a broader range of perspectives. This new mechanism comprises three main bodies: an Expert Commission, a Constitutional Council elected by citizens, and a Technical Committee for Admissibility. This approach aims to bring more comprehensive and balanced viewpoints into the constitutional draft while adhering to twelve foundational principles, including the unitary nature of the Chilean state, human rights adherence, and the recognition of indigenous peoples.
Citizen Participation vs. Political Realities
While the constitutional reform process has been notable for its citizen engagement, it also reveals the limitations of direct democracy in complex legislative matters. The process is constrained by predefined foundational principles that have been set by political powers in the Congress. This restriction has led to criticisms that the constitution, even if democratic in form, may not be fully representative in substance. Furthermore, the latest surveys indicate growing 'constitutional fatigue' among citizens, as the prolonged process and political complexities dampen initial enthusiasm.
Ideological Struggles
The constitutional process is not without its ideological tensions. The previous draft was criticised for being tilted towards left-leaning ideologies, and the current process, dominated by right-wing political forces, is now facing similar criticisms from the left. This ideological ping-pong risks creating a constitution that is more a reflection of the prevailing political winds than a long-lasting foundational document for the nation.
The Way Forward
With a new plebiscite scheduled for December 17th, the fate of the constitutional draft remains uncertain. Both political factions and the citizenry at large need to recognise that a constitution is not a panacea for all social ills. Nevertheless, the hope remains that this legal foundation can serve as a rallying point for national unity.
Conclusion
The constitutional process in Chile serves as an intriguing case study of how civic aspirations and political realities often intersect and collide. The evolution of the Chilean constitution is a balancing act, one that needs to satisfy the expectations of a diverse populace while also maintaining the nation's stability. Although the process has been fraught with challenges, it represents a vital step towards addressing the democratic deficit and building a more inclusive society. It remains to be seen whether the final product will successfully navigate the myriad complexities to become a lasting foundational document for Chile.