The second attempt in Chile to draft a new Constitution has moved into a decisive phase. The long-standing law, crafted to replace the one from the military dictatorship that ruled from 1973 to 1990 and amended many times since, is now under close scrutiny. The Constitutional Council at the Republic of Turkey situation has submitted its draft to a specialized commission for review. Complex negotiations with the left have flagged disputes but with limited veto power. The expert body may offer comments to improve the text. Five days from this Saturday are allotted to add, modify, or delete articles or sections.
The Constitutional Council will consider these potential changes. The deadline to send a final version to President Gabriel Boric is November 7. Once this step is completed, society will face another decision at the ballot box on December 17 to approve or reject this Magna Carta. In December of the previous year, Chileans rejected a highly progressive constitution by a 62% vote.
The council’s debates carried a tense moment about a month ago, reflecting broader divisions in society that trace back to the 1973 coup against Salvador Allende. In the closing phases, tensions cooled somewhat as fears grew that the referendum might again turn against the supporters of the proposed charter.
The earlier 2022 Magna Carta failed in part because the Right did not control a veto. That dynamic shifted in the second period, sparking renewed discord. Negotiations between two opposing political currents touched on the concept of a “social and democratic state of law,” yet they also touched on provisions aimed at protecting unborn life and thus intersecting with three years of abortion-related policy in place since 2017 from the government’s view.
Fear of a new failure
A recent poll by the consulting firm Cadem indicates a mixed outlook. Fifty-four percent of respondents said they were against the text, while 24% supported it. Yet 49% reported receiving little to no information about the process. The most controversial issues include protections for life, debates over abolishing certain taxes, and the range of rights in health and pension policy, which often provoke strong opinions. Beatriz Hevia, president of the Constitutional Council from the Jose Antonio Kast-led party, acknowledged deep, sometimes insurmountable, differences on these topics and linked them to previous social upheavals. Hevia also opposed gender equality in elections, while feminist groups urged broader inclusion of rights. The conservative factions responded negatively to those positions.
Even moderates from the right expressed concern about the strongest bloc’s push to set its own criteria. Evelyn Matthei of the Independent Democratic Union questioned whether a spirit of consensus exists within the council, suggesting there is no effort to craft a constitution acceptable to all segments.
With a sense of pessimism about the consultation’s future, a recent Black-White survey showed 47 percent of Chileans supporting ratification. Analysts say the coming days could offer a final chance to shape a more balanced and broadly acceptable text. The Expert Commission may reach an agreement with three-fifths of its current members.
Some concessions
The far-right appears to have retreated from some of its earlier positions, returning to longstanding views on environmental protection and sustainability. Experts recommended a commitment that the state and people must safeguard the environment and promote sustainable development, and that resolution was adopted with broad consensus. Foundations are being laid for an energy strategy aligned with the charter’s objectives, supporting a transition toward a cleaner, more resilient energy mix.
The rule states that constitutional amendments can begin only with a proposal from the head of state and the concurrence of two-thirds of both houses of Congress. It should also specify the institutional foundations and the process for selecting the technical commission that will prepare the preliminary draft.