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Diplomacy

Chile rejects second constitutional proposal

Chile Flags

Image Source : Shutterstock

by Marcela Cubillos

First Published in: Dec.15,2023

Feb.16, 2024

Last Sunday, Chile made a U-turn in constitutional matters, that is to say, after four years of experimentation and going to the polls five times, it went back to square one. By 55.8% against 44.2%, citizens said no to the second constitutional proposal presented to them in little more than a year. In September 2022, the text of the first Convention had been rejected by 61.8%, with only 38% support. These are the six keys to understand the result:

1.- A process that started badly

Last Sunday, the constituent process that began in November 2019 under the blackmail of violence came to an end. As a result of the outbreak that occurred in October of that year, the government of former President Piñera promoted a transversal agreement in Congress that began the replacement of the Constitution drafted during the Pinochet dictatorship, which had been extensively reformed in democracy. In fact, the last major reform to that text was in 2005 during the government of former President Lagos. The changes made there were so important that Lagos introduced a norm to replace Pinochet's signature and, when he promulgated the new text, he said that Chile finally had a fully democratic Constitution. Many say that if a plebiscite had been held there, the constitutional issue would probably have been settled. It was not done and, a few years later, the most extreme left began to demand a constituent assembly to draft a new Constitution made fully democratic.

2. The Constitution was never the problem, nor the solution.

The first constitutional proposal was submitted to a plebiscite on September 4, 2022. The extreme left had the votes to draft a text as they wished and so they did. They put into it their refoundational political project, which destroyed liberal democracy, divided the Chilean nation, asphyxiated individual freedom, eliminated controls to political power and put an end to equality before the law. President Boric's government was its main promoter, and the text was rejected by a majority not only by the right but also by a large part of the center-left. Probably last Sunday's results can be explained by what happened there. Chileans, during the work of that convention and with the text proposed to them, understood that their problems were not constitutional as they had been led to believe for years.

3.- A hasty agreement

Chile had approached the abyss and the triumph of the rejection of that first text was celebrated transversally by the democratic forces and by the citizens, who perhaps at one point agreed with a new Constitution, but not with a new country invented from scratch. A few days after that plebiscite, the opposition rushed to reach an agreement with the ruling party to initiate a second constituent process. It is true that this time limits were set to avoid the excesses of the first one, but the truth is that it was never understood that everything had to start all over again. It would have been more reasonable to redirect the constituent issue in the National Congress from where it should never have left. A Council was elected in which this time the Republican Party had a majority, the only one that left the agreement. That is to say, the people elected a majority of those who did not want to insist on the elaboration of a new proposal. Last Sunday, citizens were fed up with politicians from different parties who insisted, over and over again, that the constitutional issue was the problem. People felt, and rightly so, that they had already voted and never agreed with this second process.

4.- A plebiscite without drama

Unlike last September's plebiscite in which Chile's democratic destiny was at stake, last Sunday people did not see drama or epic in what was being voted. That is to say, either a new text was approved, which for some updated and improved the current one (for the left it was a step backwards), or the same one was continued. After decades of attacks to the current Constitution, blaming it for all the injustices and claiming that they could not govern with it, the left arrived at last Sunday's plebiscite sunk in indignity. During the campaign, they went from talking about "Pinochet's Constitution" to "Ricardo Lagos' Constitution" and even declared to feel comfortable with it.

5.Government, relief rather than triumph

Nobody would have imagined that this whole process would end with a leftist Government sleeping relieved because the current Constitution is still in force. The triumph of the proposed new Constitution would have meant its third consecutive electoral defeat. The first one was to the text of the Convention last year; the second one, in the election of councilors for the new process. A third one would have meant a very hard blow for a Government with scarce support and wide levels of popular rejection. On the other hand, there are no more excuses. Chile's most serious problems are not constitutional and the citizens seem tired of shouting without anyone listening to them. The Government, relieved, but with nothing to celebrate, must face a serious corruption scandal that has been installed at the doors of La Moneda; a country where nobody feels safe and authorities that lack credibility to face violence; a serious economic stagnation; an imminent crisis in the health system; and also face an education without an agenda and with thousands of children paying the costs of the bad reforms pushed and approved by those who govern today.

6.- Future of the opposition

The right wing and the political forces of the center united to campaign in favor of this second constitutional proposal. Sunday's defeat does not change too much the configuration within the opposition. José Antonio Kast, former presidential candidate and leader of the Republican Party, who had the majority in this new constitutional council, obtains, in the end, the same percentage as in the last presidential second round. It is not enough for him to win, but he does not regress in popular support. And Republicans added to Chile Vamos (center-right coalition) maintain, practically, the same votes they obtained in the election of councilors. That is to say, the scenario remains open for the next presidential elections without any figure being irremediably damaged nor any particularly strengthened. President Boric, on Sunday night, wanted to take advantage of the result by forcing a wrong interpretation. He pointed out that people were asking for agreements and, therefore, he was calling the opposition to join his pension and tax reforms. The result of the plebiscite can be interpreted just the opposite, as the death of the last great political agreement, hasty, made with the people's back turned. That is to say, the Government hopes that the right wing has not learned anything from what happened; that to a bad constitutional agreement, which the people never supported, it will now add votes for a lousy tax and pension agreement. The right wing should devote itself to building a broad and coherent political project to solve the problems and not to aggravate them. Citizens seem to be fed up with ministers and parliamentarians signing agreements only because it suits them in the photo or they are uncomfortable to subtract themselves from it. Today there are many oppositions in Chile and it is essential that they have their own profile so that more citizens feel represented by them. It is necessary to add up and for that unity must be taken care of. It is not possible to disqualify them one day and the next morning try to close pacts with them. The opposition must be proportional to the damage that this Government is causing and, at the same time, it must quickly turn the page of the constitutional issue to build a recognizable political alternative. One cannot expect to win just because of how badly the left in power is doing. That is not enough. In what happened on Sunday there is also something to learn from that.

First published in :

Fundación FAES / Spain

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Marcela Cubillos

Marcela Cubillos is a lawyer, former Chilean minister and former conventioneer. 

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