Chile: Commission of Experts puts an end to the draft of the new Constitution – Latin America – International


He Committee of Experts in charge of drafting the proposed Constitution of Chile The last chapters of the document that will be delivered to the Constitutional Council on May 7th happened this Tuesday.

The 24 experts (12 men and 12 women appointed by Congress) concluded their work with applause and singing the Chilean anthem, a work that now the Constitutional Council must continue as of June 7, when available installed.

Among the latest developments provided by the preliminary draft drafted by the experts, the chapter that regulates how to replace the future Constitution (The current Magna Carta did not have a defined formula and parliamentarians had to reform it to carry out the current constituent process).

“We reached an agreement that establishes a combination of mechanisms: that it be a Congress that, through a technical commission, prepares a text and submits it to a new Congress that would already have a draft Constitution, which should, finally, approve this text. and subsequently submit it to a plebiscite,” said commissioner Francisco Soto, a representative of the center-left.

(Also read: Chile: what does the triumph of the right imply to lead the constituent process?)

The text will now go to the elected Council.

Another relevant chapter is the one dedicated to environmental protection, which does not exist in the current Magna Carta.

The only amendment that did not come to an end in this area was the one that provides special protection for animals, a point that was criticized by the expert representing the Social Green Regionalist Federation (FRVS), Magaly Fuenzalida.

«The proposed rule does not recognize them as subjects of law, but rather recognizes the State’s duty to protect them,» the commissioner stressed.

Before the end of the session, the rules for the operation of the Central Bank were also approved, which included the duty of the issuing entity to render annual accounts to the President of the Republic and to Congress, among others.

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in the past, the Commission had already approved an article that defines Chile as «a social democratic State of law.» In addition to an article stating that «the law will ensure equal access for women and men to electoral mandates and elective positions and will promote their participation under equal conditions.»

In this way, the three months that the expert body had to write a draft of the fundamental letter and deliver it to the Constitutional Council, made up of 50 councilors elected on May 7 at the polls and with a period of up to 5 months to make modifications and prepare a final proposal.

This is Chile’s second attempt to change its constitution.

The constituent elections left control of the constitutional body in the hands of the right, in favor of maintaining the current Chilean Constitution and defender of the neoliberal model installed during the dictatorship (1973-1990).

Although initially the seats on the right were 23 out of 51, the resignation of elected counselor Aldo Sanhueza, accused of sexual abuse, presented last week reduced the figure to 22 seats. However, this Tuesday the Election Qualifying Tribunal (Tricel) declared his resignation inadmissible for «lack of competence» to rule on the matter.

(Keep reading: What is the Republican Party, the one that won constituent elections in Chile?)

Beyond this particular seat, the republicans will continue with the majority and together with the votes of the traditional right (11 seats), they will be able to approve norms without the need to negotiate with the center-left, which was left with 16 representatives.

As of June 7, the elected councilors will have a period of five months to work on a final text that will be submitted to a mandatory plebiscite on December 17 of this year.

To date, Chile has more than two years immersed in a constituent process that crystallized at the institutional level after the massive protests of fines in 2019, the most serious since the end of the dictatorship and that left some thirty dead, hundreds of mutilated eyes and thousands of injured, in addition to accusations by international organizations of security forces for widespread human rights violations.


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