Chile’s Plebiscite on Constitutional Reform
On October 25, 2020, Chile will hold a historic plebiscite to define the fate of the current Constitution, drawn up in 1980 by the Augusto Pinochet dictatorship. The plebiscite is unprecedented in constitutional history, as it will consult the citizens of Chile on whether or not they want to replace the Constitution and who will write it simultaneously. Approximately 14.8 million Chilean citizens will be able to choose if the new Constitution should be drafted by a constitutional convention whose 155 assembly members will be specially elected for that purpose, or if that should be done by a mixed convention together with parliamentarians. This process is the commitment of the country’s bi-partisan institutionalism to lead the public unrest that exploded last October in the form of protest and violence. The Pinochet Constitution was a dogmatic fundamental charter that had been modified dozens of times and that seemingly did not express the democratic will of the Chilean people. It had served, however, as an efficient tool for an orderly institutional transition from the Pinochet regime to democratic governance after 1990. Chileans are now able to decide if they want to start a new era and leave behind a Constitution that symbolizes so much suffering for a large portion of the population.
In anticipation of the October 25 plebiscite, Dean Emeritus and Professor of Law Claudio Grossman organized these panels together with AUWCL’s Academy on Human Rights and Humanitarian Law, with the co-sponsorship of the Center for Strategic & International Studies (CSIS), The Inter-American Dialogue, the International Republican Institute, the National Democratic Institute and the National Endowment for Democracy. Many important voices from all over Latin America and the United States, including two current and former members of the U.S. Congress, shared their knowledge, experience and advice.
Part of the discussion referred to the political regime in Chile: whether to maintain a single executive system or change towards a semi-presidential or parliamentary system. Speakers also pointed out that in addition to defining the political regime of the central government, the new Constitution will define the level of decentralization and regionalization, as well as the institutional inclusion of indigenous peoples.
Another point was the discussion about the economic development model and the characteristics of the State itself. This is considered a crucial point, as one of the main reasons for the October 2019 protests was the demand for better social services and a more egalitarian economic development model. Speakers pointed out that in Chile a new generation had grown up that was highly educated in (mostly public) universities but whose work remained badly paid in an economic system that only benefits the highest ranks of society. To these socioeconomic differences adds the historic discrimination against women in Chile, as well as against other minorities, including indigenous peoples. This discussion also raises the question of how much involved the State should be in public affairs. The new Constitution will have to address all these fundamental questions. The experiences from other countries are very useful here, for instance, of the Colombian Constitution from 1991, and the Venezuelan Constitutional reform process in the 1990s. The speakers addressed the similarities and differences, and provided useful advice to take in mind in the Chilean case.
The panels also systematically mentioned that no matter what outcome the plebiscite may have, it will be extremely important that many people cast their vote on October 25. Chile has had traditionally low electoral turnouts, and a particularly low turnout due to the additional hardships of the COVID-19 pandemic would weaken the legitimacy of this constitutional process.
For the complete program and youtube recordings of the series of events, please visit the Academy of Human Rights' website.
1. The Context of Constitutional Reform in Chile: Political, Economic, Legal and Social Aspects
The first panel focused on the analysis of "Political, Economic, Legal and Social Aspects", with the participation of:
- Senador Chris Dodd, Former Senator from Connecticut;
- José Antonio Viera Gallo, Chilean lawyer, Academic and Politician;
- Verónica Undurraga, Professor of Law at the Adolfo Ibáñez University;
- Bernardo Larrain Matte, President of the Sociedad de Fomento Fabril / SOFOFA;
- Mark Schneider, (Moderator), Senior Advisor, Center for Strategic & International Studies (CSIS)
2. The Context of Constitutional Reform in Chile: Comparative International Experience
For its part, the second conference discussed the context in which the constitutional reform in Chile is approached, from "Comparative International Experience", with the active participation of:
- Carlos Ayala, Member of the Executive Committee of the International Commission of Jurists, Venezuelan Professor of Constitutional Law and Human Rights;
- Sergio Bitar, Chilean Politician, and Academic, Senior Fellow, Inter-American Dialogue;
- Catalina Botero, Dean of the Faculty of Law of the Universidad de Los Andes in Bogotá (Colombia), former Rapporteur for the IACHR;
- Alexandra Huneeus, Professor at the University of Wisconsin Law;
- Michael Camilleri, (Moderator), Director, Peter D. Bell Rule of Law Program, Inter-American Dialogue
3. Constitutional Reform: The Political and Legal Debate in Chile
The last two panels of the event that took place on October 6 focused on the political and legal debate of the Constitutional Reform in Chile. The panelists at these conferences were:
- Jamie Raskin, Representative in the United States Congress and Constitutional Lawyer;
- Isabel Aninat, Dean of the Faculty of Law of the Adolfo Ibáñez University;
- Arturo Fermandois, former Chilean Ambassador to the US and Professor of Constitutional Law;
- Pamela Figueroa, Academic at the University of Santiago de Chile;
- Carlos Ayala, Member of the Executive Committee of the International Commission of Jurists, Venezuelan Professor of Constitutional Law and Human Rights;
- Claudio Grossman (Moderador), Professor and Dean Emerito at AUWCL, Member, CDI, UN and President of the Inter-American Institute of Human Rights
4. Constitutional Reform: The Political and Legal Debate in Chile
In the second and last part of the referred panel, the discussions took place between:
- Gonzalo Candia, Doctor in Legal Sciences and Professor of Political Law and Human Rights;
- Marisol Peña, Lawyer and Professor of Law, Minister and President of the Constitutional Court of Chile;
- Gabriel Negretto, Professor of Political Science and UN consultant, IDEA International, UNDP, on institutional design and electoral and constitutional reform processes;
- Mariana Canales, Professor of Constitutional Law, Researcher at the Institute of Social Studies;
- Diego Rodríguez Pinzón (Moderador), Professor and Co-Director of the Academy of Human Rights, AUWCL; Member and Rapporteur, of the UN Committee against Torture