2022 proposed Political Constitution of the Republic of Chile
[5][6] The proposal sought to replace the 1980 Chilean Constitution, whose original text was ratified by a plebiscite during the military dictatorship of Chile[7] and, since the return to democracy, has been amended several times.
[20][21] Initially resistant to the idea, President Sebastián Piñera eventually acknowledged the possibility of substantial reforms to the 1980 Constitution, partly due to pressure from both the public and members of his own political coalition.
[35] The Convention also featured representation from indigenous peoples with 17 reserved seats: 7 for the Mapuche, 2 for the Aymara, and one each for other groups including the Kawésqar, Rapanui, Yagán, Quechua, Atacameño, Diaguita, Colla, and Chango.
These include the low approval ratings of President Gabriel Boric's government, the economic slowdown in Chile, and uncertainties about the implementation of the proposed changes.
Additional points of contention included the proposed elimination of the Senate, an institution that has been a part of the Republic of Chile since its inception, and the implementation of "unlimited parity," which critics argued could shift gender equity towards female dominance in government bodies.
Critics also contended that the constitution embedded 'millenial' values deeply into both private and public life, which did not align with the demands of the more traditional segments of the country.
It also points out the legal value of the Constitution being regulated by itself: it is a rule, therefore its observance is mandatory for any person, institution or group, and all State bodies.
The chapter indicates certain goods as common to all people, of an inappropriate nature, such as the territorial sea and its seabed; beaches; the waters, glaciers and wetlands; geothermal fields; the air and the atmosphere; the high mountains, protected areas and native forests; the subsoil; and others declared by law.
Likewise, it establishes a Council for Transparency, sanctions corruption, granting whistleblowers due protection, confidentiality and indemnity, prohibits the participation in public and popularly elected positions of persons convicted of crimes against humanity, sexual crimes and domestic violence, those linked to corruption such as tax fraud, money laundering, bribery, embezzlement of public funds and others established by law.
It grants political, administrative and financial autonomy to the communes, provinces, regions and creates indigenous territorial autonomies for the realization of their goals and interests, giving them legal personality under public law, their own assets and the powers and competencies necessary to govern themselves in response to the interest of the republic, in accordance with the Constitution and the law, having human and nature rights as limits.
It establishes the commune presided over by mayors and a municipal council elected by a simple majority, plus a communal social assembly that has the purpose of promoting popular and citizen participation in public affairs.
It also presents the bases applicable to the ministers of State, the principle of the monopoly of the use of force by the president (limited in accordance with this Constitution, the laws and with respect for human rights), his role as driver of security public (this delegated to a ministry) and the bases of the police and the armed forces as professional, hierarchical, disciplined, obedient and non-deliberative institutions, founded on respect for human rights and from the gender perspective in the performance of their duties.
Creates a Council of Justice as an autonomous, technical, joint and multinational body, with legal personality and its own assets, whose purpose is to strengthen judicial independence.
They have as principles the jurisdictional function: the intersectional approach, the principles of parity and gender perspective, the fundamental rights of the people sentencegiven or subject to security measures, and compliance with criminal sanctions and security measures based on respect for human rights and with the objective of serving the sentence and integrating and inserting the sanctioned person into society.
In matters not provided for in this Chapter, the rules on formation of the law are applicable to the processing of constitutional reform projects, always respecting the indicated quorums.
Furthermore, the provisions call on the President of the Republic, the Legislative Branch, and heads of public services to issue norms and make modifications necessary for implementing the stipulations of the proposed Political Constitution.
[66] The establishment of the thematic Commission of Knowledge Systems, Science, and Technology, Culture, Arts, and Heritage within the discussions of the proposed new constitution in Chile marked a significant development.
[73] It also mandates the State to promote the creation of both public and private research centers, reinforcing the institutional framework supporting scientific advancement.
[75] Additionally, it calls for the promotion of environmental and scientific education,[76] underscoring the need for ongoing monitoring and the maintenance of updated information concerning the natural environment.
[77] International collaboration in space research is highlighted as a key area for development,[78] reflecting a commitment to extending the scope of scientific inquiry beyond terrestrial boundaries.
The proposal also advocates for the incorporation of innovation in mining activities,[79] a significant sector in Chile, to ensure that these practices are compatible with environmental protection and sustainability goals.
The proposed new constitution emphasizes the importance of utilizing advancements in science, technology, knowledge, and innovation to enhance governance and public services.
It guarantees the application of these advancements to optimize and continuously improve the delivery of public goods and services, with a commitment to allocate the necessary resources for these purposes.
Esteemed international institutions, including UNESCO, and prominent scientific publications such as Nature,[83] have praised the efforts to embed research and science into the constitutional framework.
[84] Critics argue that establishing these new structures and integrating them effectively into the existing framework may take significant time, potentially delaying the benefits envisioned in the constitution.
Critics point to the expected increase in fiscal expenditure required to support the rights to digital connectivity, education, and the guarantee of research and development.
[85] These financial considerations raise questions about the sustainability and practicality of the proposed constitution's ambitious reforms in the context of Chile's broader economic framework.
Notably, this Chamber of Regions is structurally weaker than the lower house, indicating a shift in the balance of legislative power and the representation dynamics within the government.
The groups specifically acknowledged include the Mapuche, Aymara, Rapanui, Lickanantay, Quechua, Colla, Diaguita, Chango, Kawésqar, Yagán, and Selk'nam.
This article not only acknowledges these groups' historical presence and distinct identities but also commits the state to "respect, promote, protect, and guarantee the exercise of self-determination" for these indigenous communities.
