In a historic plebiscite in October 2020, almost 80% of Chileans were in favor of changing the Constitution and in May of the following year, the 155 members of the body, with a progressive tendency and with a large number of independent citizens, were elected at the polls.
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Although the assembly has been losing adherents over the months due to internal friction and various scandals that affected a list of constituents linked to the 2019 social protests, it remains one of the institutions best valued by the population, with a 44 % of approval, according to the Cadem pollster.
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According to its statutes, the Constitutional Convention had nine months to write the draft of the new Constitution, a term that ended on April 4, but on March 22 it approved extending the term of its work for three months.
Thus, On July 5, he must deliver a proposal to President Gabriel Boric, which will be submitted to a plebiscite.
approved items
The Convention has already approved an article that guarantees rights over one’s own body, which opens the possibility of legislating on free abortion.
The Constitutional Convention of Chile approved this Monday to define the country as a “social state of law” in the new fundamental lawa fact that various constituents and experts interpret as a turning point in the country’s history, where the State has a subsidiary role.
The plenary session voted on the proposals of the Commission on Constitutional Principles and approved with a quorum of more than two thirds a total of 11 articles that are already part of the final draft, among which the one that defined Chile as “a social and democratic State of law” and the one that consecrated the country as a parity and inclusive democracy.
“The protection and guarantee of individual and collective human rights are the foundation of the State (…) It is the duty of the State to generate the necessary conditions and provide the goods and services to ensure the equal enjoyment of rights,” says one of the provisions that prospered.
This is the first paragraph that would appear in the constitutional proposal, which will be submitted on September 4 to an exit plebiscite with mandatory participation for all those over 18 years of age.
The approval of this article was celebrated by dozens of constituents, who predict that it will put an end to the current type of State, which has had a subsidiary role since in 1980, during the dictatorship of Augusto Pinochet (1973-1990), the current Magna Carta is in force.
In the same way, the Convention has already approved an article that guarantees rights over one’s own body, which opens the possibility to legislate on free abortion, something that is currently only allowed when there is a risk to the life of the mother, fetal inviability and in the event of of rape.
It also approved the right to receive “comprehensive sexual education”, emphasizing the recognition of sexual diversity, eradicating gender stereotypes and preventing gender and sexual violence.
internal disputes
At the beginning of March, the plenary approved only 13 of 50 articles proposed by the Commission on Fundamental Rights and seven of 36 by the Commission on Constitutional Principles.
They have been difficult months. Dozens of radical proposals, failing to obtain the required two-thirds of the votes of the plenary, have been sent back to committee. This has caused sessions to last beyond midnight and Saturdays to be worked as normal working days. Everyone is exhausted.
At the beginning of March, the plenary approved only 13 of 50 articles proposed by the Commission on Fundamental Rights and seven of 36 by the Commission on Constitutional Principles.
Other key votes, such as that of the Environment Commission, withdrew several rejected proposals and made them shorter and more general.
The new proposals still prohibit private ownership of common natural assets, but make exceptions for temporary authorizations granted by the State. Modified proposals on natural resources, preferential rights of indigenous peoples and animal rights remain problematic, according to Rodrigo Álvarez, who sits on the commission and is a member of the right-wing UDI party.
“For me, the issues related to the rights of nature, common natural assets, special and preferential rights to native peoples, animal rights, etc. continue to be legally wrong and create serious complications for the future of Chile, especially in its possibilities of growth, investment and adequate sustainable development,” he said.
The rejection of a ‘communist constitution’
Here in Chile, unfortunately, if we don’t do something, we’re going to sink. All of Latin America is towards communism, the only patriots are Bolsonaro and us who are in the street.
Several dozen people demonstrated this Saturday in Santiago to show their rejection of the new Constitution.
“Popular rejection”, “I do not approve” or “It was no more abuses, no less rights” were some of the slogans chosen by the protesters on their banners and posters to show their disagreement with the work that they have been carrying out since July 4. the Constitutional Convention in the elaboration of the new Magna Carta.
“They don’t protect us at all, they only benefit them. They have done absolutely the opposite of what they offered the people. There are things to change here, but not in this way. That is why we reject a new
Constitution,” Sandra Lavín, a 58-year-old independent worker, told AFP.
The protest was held in a park in the center of the capital and the adherents denounced that the constituent body intends in the new
Constitution remove rights such as private property, legalize free abortion or expropriate individual private pension funds.
The demonstrators also argued that the new Magna Carta will lead the country to communism by the hand of President Gabriel Boric, “Unfortunately, here in Chile if we don’t do something we will sink. All of Latin America is towards communism, the only patriots are (President of Brazil, Jair) Bolsonaro and us who are in the street,” a protester identified as María Angélica, 55, told AFP.
Participating in the protest was Deputy Agustín Romero, of the far-right Republican Party, who invited those present not to approve the new Constitution in the plebiscite on September 4, alleging that it will be “refoundational”, “Marxist” and “Chavista”.
INTERNATIONAL WRITING
*With information from AFP, BLOOMBERG and EFE
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