By Gustavo A Maranges on July 19, 2022
Chile is currently going through one of the most important political moments in the last century. While the return to democracy in 1990 was important, the referendum on the new Constitution is meant to erase one of the most nefarious legacies of the dictatorship that is embedded in the current 1980 Constitution.
The new draft Constitution was finished on July 4. Two days later, electoral campaigns began and will last until September 1st, three days before the vote.
Today, Chile’s political spectrum can be identified with just two possible choices on the ballot: pro-I approve and pro-I reject. In this context, it is not difficult to imagine how parties and political forces have positioned themselves around these options.
The government coalition I Approve Dignity and a large part of the Christian Democracy joined to support the “I Approve for Chile” campaign, which was in turn was joined by a total of 135 civil society organizations. Meanwhile, the right-wing coalition Vamos Chile and the Republican Party are the two political forces behind the campaign calling for for rejection, harkening back to the dark days of the US backed military dictatorship of Pinochet.
The respective campaigns began on July 6th, and the clashes generated the first news. Just a few days ago, two public letters were published, one headed by former President Ricardo Lagos and the other on behalf of 49 former ministers. The first one rejected the constitutional project, alleging an imbalance between the executive and the legislature.
Meanwhile, the second letter recognized that there are aspects that could be improved in the future. However, the proposal offered by the Constituent Convention establishes a social and democratic State of rights in opposition to the subsidiary State, as proposed in the current Constitution, which only intervenes when the market does not want to.
This is one of the main reasons why social movements and left-wing parties have been fighting neoliberalism for decades. However, it is not the only benefit of the proposal that will be voted on in September.
If the project presented by the Constituent Convention is approved, it would be the first time in the history of Chile that the existence of indigenous peoples is recognized. The term is present in over 50 out of 500 articles. In fact, the first one reads: “Chile is a social and democratic state of law, plurinational, intercultural and ecological.”
Beyond the explicit recognition, the first article brings to the Chilean Constitution the United Nations’ 169th Convention, which established the rights of indigenous peoples.
Thus, the right to self-government and self-determination, the impossibility of using native lands for military purposes without prior agreement unless it is a matter of public interest, should be guaranteed under Chile’s new rule of law. Likewise, a special political representation for indigenous peoples will be guaranteed since they have been marginalized and denied equitable conditions to access these positions in the State. Finally, it prohibits forced displacements and charges the government with the responsibility to repair, by effective mechanisms, the damages suffered by these communities in terms of lands, natural resources, and cultural exclusion.
Basic recognition of human rights such as these are more than enough for the Chilean right-wing to go to great lengths to prevent the approval of the project presented. A stronger state with more social responsibilities is something that the old oligarchies have never wanted, especially when it comes to Latin America, where the state, as an institution, has a lot to do in social matters.
President Gabriel Boric has invited citizens to participate in this process, although voting in Chile is mandatory in these cases. On the other hand, he also stated that the best thing for Chile was to approve the draft Constitution, since it surpasses the current Constitution.
If we take into account that the 2020 Plebiscite for a new Constitution won with 78% yes votes, the balance leans towards the “I approve” option. However, it is necessary to remember that the scenarios are different. In addition, the Chilean right-wing will spare no effort to preserve one of the strongholds of the dictatorship and one of its main sources of power. So at this point consolidation of democracy in Chile, the rehabilitation of the state, and the recognition of the rights of indigenous peoples are still just a possibility.
Source: Resumen Latinoamericano – English