2023 Chilean constitutional referendum

Lawmakers announced the "Agreement for Chile" in December 2022, as a second attempt to draft a new constitution with different rules. The agreement states that a group of 50 directly-elected constitutional advisors will draft the constitution based on a preliminary draft prepared by a commission of 24 experts appointed by Congress. Additionally, a 14-member body appointed by Congress will ensure that the proposed text aligns with the 12 institutional and fundamental principles outlined in the agreement.[10]

The agreement was reached on 12 December 2022,[11] and ratified by the right-wing Congress a month later,[12][13] with the Republican Party and the Party of the People not participating in the agreement while agreeing to participate in the elections.[11] This new system would involve two councils; a Congress-elected Council of Experts and a popular election of a Constitutional Council.[12] In this first phase on 25 January 2022, Congress chose members on the Council of Experts. Independent Democratic Union politician Hernán Larraín, who previously supported the Pinochet dictatorship was chosen to head the Council of Experts to draft the new constitution.[14]

Council members would be directly elected in May, with equal representation of men and women and the participation of indigenous peoples. A three-fifths majority vote in the Council is required to approve articles, which is lower than the two-thirds majority required in the previous convention. Unlike the previous convention, the number of seats reserved for indigenous representatives was not fixed; rather, it will depend on the number of votes they receive. The commission's work period on the first draft was set from 6 March to 6 June, and the Constitutional Council would commence its work thirty days after its election on 6 June 2023. The council was given a deadline to deliver the draft constitution by 6 November, and a mandatory referendum was set to be held on 17 December 2023.[15]

The Expert Commission (Spanish: Comisión Experta) in Chile is a 24 member body created to assist in the drafting of a new constitution by the second constituent assembly. Its primary objective is to draft a constitution for the Constitutional Council before it begins its work, and the commission's text will be used as a starting point.

On March 6, 2023, the Commission of Experts was inaugurated at the Palace of the former National Congress of Chile. The inaugural session was chaired by Hernán Larraín, the 75-year-old dean of the commissioners. After the session, the Commission elected its president and vice-president, with the president elected by a majority vote and the vice-president by the second highest number of votes. In the event of a tie, a procedure would have been established to distinguish between the two highest majorities.[17] The primary objective of the commission is to create a preliminary draft[18] of a new Constitution for discussion by the 50 members of the Constitutional Council, beginning on June 7.[19][20] Following the Assembly's establishment in June, the commissioners will join and be able to attend sessions and commissions, and have the right to speak, but not vote.[21]

The general 51 seats in the Constitutional Council were elected in the same manner as members of the Senate of Chile, which is multi-member proportional representation (D'Hondt method) with open lists in constituencies of between two and five seats corresponding to the regions. As in the previous constituent body, there will be additional seats reserved for indigenous peoples, but this time they will be based on their percentage of votes, and not according to a number set in advance by ethnic group. There is also gender parity required, in which the lists presented by the parties alternate male and female candidates, with measures in place to adjust should the election result in an imbalance (the final chamber must contain 25 men and 25 women).

Chilean right-wing parties, which were opposed to major changes to the constitution,[22] won a 3/5 majority of constitutional council members to freely draft a new constitution and removing the veto option for the left-wing camp. This marked a sharp shift from a left-wing majority that freely drafted a rejected first constitutional rewrite in 2021,[23] and reflected disillusionment with the government of President Gabriel Boric, whose approval rating stood at under 35%.[22] The far-right Republican Party[24][25][26][27][28] became the leading political force with 34% of the vote and 23 members, giving the party a veto right on amendments. President Boric’s left-wing coalition garnered about 28% and 16 seats, while a separate coalition of traditional right-wing parties gained more than 21% of the vote and 11 seats. Another seat was won by the Indigenous list. Centrist parties took the remainder of the vote while failing to gain seats.[29]