Constitutional Convention (Chile)

The Constitutional Convention (Spanish: Convención Constitucional) was the constituent body of the Republic of Chile in charge of drafting a new Political Constitution of the Republic after the approval of the national plebiscite held in October 2020.[1] Its creation and regulation were carried out through Law No. 21,200, published on 24 December 2019, which amended the Political Constitution of the Republic to include the process of drafting a new constitution.[2] The body met for the first time on 4 July 2021. Chilean President Sebastian Piñera said, "This Constitutional Convention must, within a period of 9 months, extendable for an additional 3 months, draft and approve a new constitution for Chile, which must be ratified by the citizens through a plebiscite."[3] It ended its functions and declared itself dissolved on 4 July 2022.

Constitutional Convention

Convención Constitucional
Type
Type
History
FoundedJuly 4, 2021 (2021-07-04)
DisbandedJuly 4, 2022 (2022-07-04)
Leadership
President
Elisa Loncón (July 2021–January 2022)
María Elisa Quinteros (January–July 2022)
Vice-President
Jaime Bassa (July 2021–January 2022)
Gaspar Domínguez (January–July 2022)
Structure
Seats155 conventional constituents
Two-thirds for control (104)
Political groups
  Vamos por Chile
  Pueblo Constituyente
  Colectivo Socialista
  Pueblos originarios
  Apruebo Dignidad: Frente Amplio + Independientes
  Independientes por una Nueva Constitución
  Movimientos Sociales Constituyentes
  Apruebo Dignidad: Chile Digno
  Colectivo del Apruebo
  Independientes
  Lista del Apruebo
  La Lista del Pueblo
AuthorityChapter XV of the Political Constitution of the Republic of Chile of 1980
Elections
Open list proportional representation (D'Hondt method) with gender parity and 17 seats reserved for indigenous peoples
Last election
15–16 May 2021
Meeting place
Former National Congress Building, venue of the plenary sessions.
Pereira Palace, offices and administration.
Website
https://www.chileconvencion.cl/

The proposed constitution, which had faced "intense criticism that it was too long, too left-leaning and too radical",[4] was rejected by a margin of 62% to 38% in the 2022 Chilean national plebiscite.[5][6]

Etymology

According to Senator Jaime Quintana (PPD), the term "Constitutional Convention" was coined during the drafting of the "Agreement for social peace and the New Constitution" on 14 November 2019; that afternoon he received a communication from Mario Desbordes, then president of National Renewal (RN), in which he requested that the body that drafted the new Political Constitution not be called the "Constituent Assembly" to facilitate the approval of the agreement by right-wing politicians.[7]

According to various academics, such as Claudia Heiss and Francisco Soto, the concept of "Constitutional Convention" would be equivalent to the concept of "Constituent Assembly", insofar as its operation and composition would be the same, and both correspond to collegiate bodies that draft a Constitution.[8] Lawyer Leonel Sánchez points out that the definition of both concepts is similar, based on studies from the United Nations Development Program (UNDP) and cases from other countries with similar constituent bodies.[9] Mario Herrera, an academic at the University of Talca, points out that there are no differences between the Constitutional Convention and a Constituent Assembly, since in both their members are elected by popular vote and their sole purpose is to draft a new Political Constitution.[10]

Elections and composition
Main article: 2021 Chilean Constitutional Convention election

The elections to determine the seats of the 155 constituent conventions was held in May 2021. Within thirty days after the election, the elected candidates must be proclaimed and within three days after this ruling must be communicated to the National Congress and the President of the Republic; the latter, within 3 days of receiving said communication, must call the installation session of the Constitutional Convention and indicate the place where it will be held (if not indicated, it will be held at the headquarters of the National Congress in Valparaíso).[1]

The installation session of the Constitutional Convention must be held within 15 days after the date the convening decree is published.[1]

The Constitutional Convention will be composed equally by men and women, as well as will have the representation of the native peoples through 17 reserved seats: 7 for the Mapuche people, 2 for the Aymara people and one for each of the other peoples (Kawésqar, Rapanui, Yagán, Quechua, Atacameño, Diaguita, Colla, and Chango).[11]

Functioning
Hemicycle of the Chamber of Deputies of the former National Congress, place where the plenary sessions of the Convention were held.

It was estimated that the Constitutional Convention would begin its sessions between 19 April and 14 May 2021; other sources indicated that the start of sessions should take place at the beginning of June.[12][13] In the session of installation of the Convention, its president and vice president must be elected by an absolute majority of its members. Likewise, it must approve its voting regulations and operating rules by a quorum of two-thirds of its members.[1] The same two-thirds quorum will be applied to make any decision, which implies that the points that do not generate said consensus will be left out of the draft text of the new Political Constitution. In the same way, the current Constitution establishes that the text presented by the Convention must respect the democratic regime, judicial decisions and international treaties.[14]

In the event that there are claims for alleged violations of the procedural rules applicable to the Convention, these will be known and resolved by five members of the Supreme Court, chosen by a draw.[15]

The Convention must draft and propose the text of the new Political Constitution of the Republic within a period of nine months, and it may be extended only once for 3 months. Once the proposed new Constitution is approved by the Convention or the term of the extension expires, the institution will be dissolved.[1]

Seat

In September 2020, it was proposed that the Constitutional Convention would meet in the palace of the former National Congress of Chile, located in the center of Santiago, as well as the Pereira Palace as a support building to house advisers and administrative officials.[16] However, several parliamentarians demonstrated against occupying the headquarters of the former Congress in Santiago, since according to them other legislative tasks and meetings with civil society are carried out in that building and would not present the necessary infrastructure.[17] Deputy Iván Flores proposed that the Convention meets at the Huneeus Palace.[18]

On 23 November 2020, the government entered several indications to the Budget Law for the year 2021, among which are considered items to remodel and enable both the palace of the former National Congress in Santiago and the Pereira Palace in order to house the Constitutional Convention, evaluating the possibility that the plenary sessions are held in the old chamber of the Chamber of Deputies or the Hall of Honor of the former Congress, and that the Pereira Palace as an auxiliary building that houses different commissions and services.[19]

On 11 January 2021, President Sebastián Piñera announced the Pereira Palace as the working headquarters of the Constitutional Convention. The venue will have 15 offices with 102 seats and 11 meeting rooms with a total capacity of 132 seats, as well as a larger room that can host meetings of up to 40 people; There will also be a dining room on the fourth level for the conventional constituents. It was also confirmed that the palace of the former National Congress will be used for plenary sessions and for certain commissions.[20]

Election of President and Vice-President
View of the inaugural session of the Constitutional Convention. Jaime Bassa (Vice-President) and Elisa Loncón (President) are seen from behind leading the ceremony.

The election of the President of the Convention proceeded in two rounds. The first round of voting resulted in a plurality (a majority of 78 being needed):

A second-round resulted in the election of Loncón as President:

  • Elisa Loncón - 96
  • Harry Jürgensen - 33
  • Patricia Politzer - 18
  • Isabel Godoy - 5
  • Blank vote - 3

Loncón will be the first person of Mapuche descent to serve as leader of a legislative body in Chile's history.

In three rounds, Jaime Bassa (independent, supported by Social Convergence) was elected as Vice-President of the Convention.

Shortly after being elected President and Vice President Elisa Loncón and Jaime Bassa declared their aim to discuss a formal petition for the so-called Prisoners of the Revolt.[21] Loncón also mentioned her aim to provide amnesty to indigenous "political prisoners" of the Mapuche conflict.[21][22]

First round candidates:

List of members
Main article: List of members of the Chilean Constitutional Convention

Proposal of constitution
Closing ceremony of the Chilean Constitutional Convention (4 July 2022).

On Monday, 16 May 2022, the Constitutional Convention presented its draft charter. The final Constitution proposal was presented on 4 July 2022, during the closing ceremony of the Convention. In that ceremony, president Gabriel Boric signed the decree convoking the national plebiscite for September 4, 2022, where the Constitution was to be subject to approval or rejection by the Chilean citizens.[24]

The proposed Constitution would have retained free-market economics while introducing social rights,[25] and would have reformed the Senate of Chile into an indirectly-elected chamber representing regional councils. Other provisions included a prohibition on gender discrimination and a gender parity mandate for public entities, as well as new environmental protections. Furthermore, a National Health Service[26] and a National Education System would have been instituted to increase access to healthcare and education. A proposal to give the government far-reaching mining rights was defeated and not included in the draft constitution. The same is true for the previously proposed right to housing.[27]

Referendum

The work of the Constitutional Convention concluded with the constitutional referendum, held on 4 September 2022, which was overwhelmingly defeated. The 2022 Proposed Political Constitution of the Republic of Chile was then rejected.[28][29]

After the referendum the former members of the Constitutional Convention Constanza Schönhaut, César Valenzuela, and Ricardo Montero entered to work in the Boric government.[30]

See also

References
  1. "Constitución Política de la República de Chile". LeyChile (in Spanish). Retrieved 27 January 2021.
  2. "Diario Oficial publicó reforma a la Constitución que da inicio al proceso constituyente". Cooperativa (in Spanish). 24 December 2019. Retrieved 27 January 2021.
  3. "Presidente Piñera convoca para el 4 de julio la primera sesión de la Convención Constitucional: Fecha coincidirá con los 210 años de la instalación del Primer Congreso Nacional". La Tercera (in Spanish). 20 June 2021. Retrieved 20 June 2021.
  4. Schmidt, Samantha (4 September 2022). "Chilean voters decisively reject leftist constitution". Washington Post. ISSN 0190-8286. Archived from the original on 5 September 2022. Retrieved 2022-09-05.
  5. "Plebiscito: Chile rechaza propuesta de nueva Constitución con histórica participación de más de 12 millones de personas". La Tercera. 4 September 2022. Archived from the original on 4 September 2022. Retrieved 4 September 2022.
  6. "Chile votes overwhelmingly to reject new, progressive constitution". The Guardian. 5 September 2022. Archived from the original on 5 September 2022. Retrieved 5 September 2022.
  7. Caro, Isabel (27 September 2020). "Jaime Quintana: El acuerdo, capítulo 3". La Tercera (in Spanish). Retrieved 13 October 2020.
  8. "Plebiscito: Qué es la convención constitucional y cuáles son sus diferencias con la convención mixta". T13 (in Spanish). 13 October 2020. Retrieved 27 January 2021.
  9. Sánchez Jorquera, Leonel (28 September 2020). "La Convención Constitucional es una Asamblea Constituyente". Cooperativa.cl (in Spanish). Retrieved 13 October 2020.
  10. "¿Qué diferencias hay entre una convención mixta constitucional, una convención constitucional y una asamblea constituyente?". 24horas.cl (in Spanish). 26 August 2020. Retrieved 13 October 2020.
  11. Senado de Chile (15 November 2020). "Ya es una realidad: escaños reservados para pueblos originarios en la Convención Constituyente" (in Spanish). Retrieved 16 December 2020.
  12. "Los pasos que se vienen: el calendario electoral y el camino de los constituyentes". La Tercera (in Spanish). 26 October 2020. Retrieved 26 October 2020.
  13. "En junio comenzaría la redacción de la Constitución: Lo que viene tras el triunfo del Apruebo". EMOL (in Spanish). 25 October 2020. Retrieved 27 October 2020.
  14. "¿Puede cambiarlo todo? Las reglas y límites del órgano que hará la eventual nueva Constitución". T13 (in Spanish). 24 October 2020. Retrieved 25 October 2020.
  15. "Proceso constituyente". Biblioteca del Congreso Nacional (in Spanish). 27 November 2014. Retrieved 26 October 2020.
  16. "Ex Congreso y Palacio Pereira: Los lugares que baraja el gobierno para la convención constitucional". La Tercera (in Spanish). 29 September 2020. Retrieved 13 October 2020.
  17. "Parlamentarios se resisten a pasar la sede del Congreso de Santiago para que opere la Convención Constituyente". The Clinic (in Spanish). 29 October 2020. Retrieved 9 November 2020.
  18. "Data del siglo XIX y fue habitado por presidentes: Convención constituyente podría sesionar en el Palacio Huneeus". Emol (in Spanish). 23 January 2020. Retrieved 9 November 2020.
  19. Franco, Rienzi (24 November 2020). "Convención funcionaría en el exCongreso con presupuesto de $6.700 millones para 2021". El Mercurio. Archived from the original on 24 November 2020. Retrieved 24 November 2020.
  20. Ossandón, Josefina (11 January 2021). "Presidente escoge el Palacio Pereira como sede de trabajo de la Convención Constituyente". Ex-Ante (in Spanish). Retrieved 11 January 2021.
  21. "Convención Constitucional discutirá petición de amnistía "para los prisoneros de la revuelta y del Wallmapu"". Radio Bío-Bío (in Spanish). July 4, 2021. Retrieved July 4, 2021.
  22. Riquelme, Javiera (July 4, 2021). "Loncon y primeros pasos de la directiva: "Petición de amnistía para los presos de la revuelta y del Wallmapu"". Emol (in Spanish). Retrieved July 5, 2021.
  23. "Bessy Gallardo explica votación por Rodrigo Logan como vicepresidente de la CC: "Renato Garín nos arrinconó"". Chilevisión (in Spanish). 4 July 2021. Retrieved 24 July 2021.
  24. Engels, Jorge; Guy, Jack. "Chile's Constitutional Assembly presents proposal for new constitution to Chilean president". CNN. Retrieved 2022-07-07.
  25. Fuentes, Valentina (2022-05-20). "Chaotic Chile Convention Defies Odds on New Charter, Experts Say". Retrieved 2022-05-21.
  26. De La Torre Chamy, Luis Ignacio; Escobar Liquitay, Camila Micaela; Madrid, Eva; Franco, Juan Víctor Ariel (2022-09-02). "Chile has a long awaited opportunity to vote for a new public and universal healthcare system". BMJ: o2146. doi:10.1136/bmj.o2146. ISSN 1756-1833. S2CID 252014709.
  27. Harrison, Chase (2022-05-20). "A Look at What Is—and Isn't—in Chile's Constitutional Draft". Retrieved 2022-05-21.
  28. "Plebiscito: Chile rechaza propuesta de nueva Constitución con histórica participación de más de 12 millones de personas". La Tercera. 4 September 2022. Archived from the original on 4 September 2022. Retrieved 4 September 2022.
  29. "Chile votes overwhelmingly to reject new, progressive constitution". The Guardian. 5 September 2022. Archived from the original on 5 September 2022. Retrieved 5 September 2022.
  30. Gálvez, Mario; Tralma, David (2022-10-04). "A qué llega Constanza Schönhaut a Interior (y el desembarco de ex convencionales en el gobierno)". Ex-Ante (in Spanish). Retrieved 2022-10-06.
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