Chile Speaks at the Polls: Pinochet-era Constitution to be Replaced
On October 25, Chileans voted overwhelmingly to scrap their current constitution and write a new one. This reaffirmation of democracy in Chile and the region is the culmination of a year of mass demonstrations. Protests started over a year ago in response to metro fare increases in Santiago that exploded into mass movements against rising inequality and poor public goods provisions. Police forces met these protests with excessive force. Over 8,500 allegations of human rights violations have been levied against Chilean caribineros over the past year, for actions such as throwing a youth protestor over a bridge into a river, killing 30, and blinding over 400 with tear gas and rubber bullets.
Protests were largely suppressed by the Covid-19 pandemic. But on the eve of the most important vote in Chile’s contemporary history, tensions boiled over once more. Just days before the promised referendum, violence erupted again as protestors attacked police stations and set fire to churches in Santiago.
Protestors’ grievances expanded as rapidly as their numbers. Their demands included doing away with the current constitution, which they argue embeds inequalities in society and politics. The pandemic and the measures used to combat it have only further exposed the rampant inequalities in Chilean society. The constitution was written under the regime of General Augusto Pinochet. After overthrowing his socialist predecessor in 1973, Pinochet implemented neoliberal reforms influenced by American free-market economists. These made extensive cutbacks to the state’s role in key sectors, from healthcare to housing and education. Moreover, the Pinochet-era constitution was explicitly designed to cement these policies, making it difficult for any future administration to bring real legislative change.
Conservative President Sebastián Piñera responded after months of protests by promising a referendum on the constitution. The vote was scheduled for April, but was postponed to October due to the coronavirus pandemic. The voters of Chile were presented with two questions on the ballot. The first asked whether they wanted to abolish the constitution and replace it with one written by a constitutional convention. This measure met overwhelming support at the polls, with 78% of voters supporting it. The second asked what form they wanted the constitutional convention to take. The options presented were a body consisting entirely of popularly elected members and one made up of 50% congress members and 50% popularly elected members. Voters preferred the latter, with 79% favouring it over the mixed body.
Even after passing with a large majority, it is clear not everyone agrees with the decision. Approximately half of the business community voiced disapproval of the process. They claim that the economic stability the country has enjoyed over the past few decades will be destroyed by any new constitution, particularly one based on a progressive agenda. While stability is valuable, the current constitution is designed to prevent change in key areas. Some critics have pointed out that only half of those eligible to vote in the election did so. However, what looks like low turnout when compared to referendums in other countries like the UK’s Brexit vote (72.2% turnout), this level of participation is comparable to previous elections.
The people of Chile can look forward to two more votes over the coming year. Convention members will be elected in April, coinciding with divisive elections for mayors and governors. The members elected will then have nine months to craft a new constitution which will be put to a referendum. The elected body is expected to create a constitution reflecting a social-democratic agenda. However, progressives will face resistance that could temper their reform efforts. All new constitutional clauses must be approved by a two-thirds majority. It is likely that conservatives will achieve at least a blocking minority in the convention. Should the new constitution fail to adequately address the current imbalances, the public could be pushed towards more radical elements of the Chilean left-wing. Furthermore, the referendum on approving the constitution will take place during the presidential and congressional campaigns, adding further fuel to the political fires.
The world has seen countless demonstrations over the past year. Crowds on the streets of cities across the United States, Europe, and Hong Kong have called for racial justice, systemic reforms, and greater representation. Chile’s referendum offers a bit of hope to demonstrators by showing that their efforts can bear fruit. Chileans have taken the first steps towards uprooting an unbalanced system. However, merely writing a new governing document does not solve Chile’s structural issues. A popular consensus that bridges societal divides must be built. The marginalisation of groups, from the poor to the indigenous population, must be addressed. Without action on these issues, sustainable reform is not likely.
It is up to Chileans to persevere and create a more equitable political system that can uplift those marginalised for too long. If not, the status quo may re-emerge under a new name while the same structures deny Chileans their rights.
Image courtesy of Carlos Figueroa via Wikimedia, ©2019, some rights reserved.
