Chile’s Founding Process: A Shift Toward a New Constitution Mechanism

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After a long stretch of talks spanning close to three months among most political forces and social movements, Chile finds itself on the brink of a new founding process. It is labeled as the Agreement Hot Pepper, a name that signals a pivot away from the rejected Magna Carta that drew lines during last year’s public consultation. From the left to traditional conservatives, there is a shared intent to pursue a process different from the Assembly idea of 2021, which aimed to dismantle the institutional fabric inherited from the dictatorship (1973-1990). The path ahead, starting in January, centers on expert input, but it reflects a stronger influence from the right that carried the referendum result four months earlier.

Prime Minister Gabriel Boric has put forward the central aim of this understanding. “A necessary, hopefully decisive step has been taken to move toward a new social contract for a democracy that delivers freedoms and social rights. Chile cannot wait any longer,” he stated. The head of the Socialist Party, Paulina Vodanovic, also voiced approval, noting that the technical terms will enable dialogue as the country builds a better future.

Social Democrat MP Raúl Soto, who helped steer the negotiations, argued that the agreement would strengthen democracy by taking on populism and authoritarianism. He said the left, the center, and the right recognized the risk and chose to defend institutional stability that can guide the country toward stronger governance.

Finance Minister Mario Marcel estimated that the talks aimed to shorten the transition while keeping stakeholders aligned. “What matters is to set clear rules for the game, to better represent Chileans, acknowledge changes, and look toward a future that works for everyone,” he commented.

Reported statements from Minister Gabriel Boric following the agreement with the founding process were echoed by the presidency on social media.

– President of Chile –

a new mechanism

Under the new balance of power, the core text will be crafted by a structure that includes a 50-seat constituent assembly and an additional group of 24 experts who will be elected by popular vote next April, though the experts will not have voting rights on the final content. The Constitutional Council will form on May 21 and must present the draft by October 21, with the final approval by citizens a month later at the ballot box.

The Magna Carta aims to begin from several shared commitments: Chile as a social and democratic state of law dedicated to serving the public interest; the recognition of fundamental rights and freedoms; and the progressive enhancement of social rights, grounded in fiscal responsibility and in service of public and private institutions alike. Its first principle would declare that Chile is a democratic republic with sovereignty resting in the people. The foundational articles will acknowledge Indigenous peoples as part of the nation, a unique and indivisible country.

The Constitutional Council will be representative and expanded to include seats for original-party members. The articles will be approved by a three-fifths majority of the council members and then submitted for final approval through the same majority rule.

scene change

The move to craft a Magna Carta aligned with the model of the dictatorship of Augusto Pinochet, rather than the one written in 1980, follows the mass social unrest in October 2019. The popular anger that surged into the streets sought to channel itself through formal channels. The Assembly had a left-leaning majority and a strong focus on ecological concerns and gender equality in its drafting.

Conservative forces did not hold veto power and challenged the Convention’s work. The September referendum occurred amid these tensions. The traditional right emerged victorious in that vote and secured conditions to steer the drafting away from the previous plan. This rightward shift, led by figures like José Antonio Kast, played a decisive role in rejecting the Convention text. In response, some followed Pinochet’s legacy stance to defend the existing constitution in the changing political landscape.

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