After 98 days of negotiations between most of the political forces and social movements, Chile will be given the possibility of a new founding process. Call “Agreement Hot pepper“ This is the result of the rejection of the new Magna Carta at the public consultation last September. From the left to the traditional right, they agreed on a mechanism different from that of the Assembly, which in 2021 seeks to abolish the institutional matrix inherited from the dictatorship (1973-90). Unlike that experience, the road to be covered as of January, Expert Commission, It is much more limited and will be the fruit of the strength of the right that won the referendum four months ago.
Minister gabriel boric It has brought with it a preferred point of this understanding. “We have taken a necessary and hopefully decisive step. to move forward in a new social contract for a better democracy of these freedoms and social rights. Chile cannot continue to wait,” he said. Socialist Party head Paulina Vodanovic also expressed her satisfaction. The technical terms included will allow for the dialogue we ultimately seek as we build.”
Social Democrat MP Raúl Soto, who played an important role in the negotiations, argued that the agreement would allow. “The fight against populism and authoritarianism these are the devils that are in the midst of our country.” According to him, “the left, the center and the right realized this risk and together we decided to defend our democracy in order to bring more institutionalism to the country”.
Finance Minister Mario Marcel estimated that the negotiations were aimed at shortening the process. “established rules of the gameThe important thing, he added, is “a better place to represent Chileans, to recognize some of the changes, not just in Chile, and to look into a future for us”.
a new mechanism
Thanks to the new power relations, the future core text will be detailed by a structure consisting of: 50 constituent assembly members another group of 24 experts who will be elected by popular vote next April, with no voting rights on the content. The Constitutional Council will be formed on 21 May and must submit the project on 21 October to be approved at the ballot box a month later.
The new Magna Carta will begin with some of the common certainties highlighted in the agreement:Chile is a Social and Democratic State of Lawwhose purpose is to promote the public interest; recognizing fundamental rights and freedoms; and promote the progressive development of social rights, subject to the principle of fiscal responsibility; and through state and private institutions”. Its first point emphasizes that “Chile is a democratic Republic whose sovereignty is in the hands of the people.” The constitutional foundations should be elaborated according to the recognition of indigenous peoples as part of the “unique and indivisible” Chilean nation, respectively.
The Constitutional Council will be equal and will include seats for the representatives of the Constitutional Council. original towns The articles of the text will be approved “by 3/5 of the director’s deputies, by submitting the final proposal to the Council for approval by the same majority”.
scene change
The decision to produce a Magna Carta in the image and likeness of the dictator Augusto Pinochet to replace the one written in 1980, October 2019 social explosion. Thus, the resentment that manifested itself in the streets was tried to be channeled. In the heat of the protests, conventional ones were chosen. The Assembly had a clear dominance of the left and a distinctly ecological vocation of writing with a gender perspective.
Conservative forces lacked veto power and began to completely discredit the work of the Convention. The September referendum took place in the midst of these debates. The victors of that election, especially the traditional right, were able to impose conditions to reorient the path to the drafting of another Magna Carta. this extreme right, He played an important role in rejecting the text of the Convention, led by José Antonio Kast. Faced with the new scenario, Pinochet decided to stand alone to defend his Constitution.