Comment SANTIAGO, Chile — For more than four decades, Chile has been governed by a set of principles written by a brutal military dictatorship that was responsible for the torture and murder of thousands. The The 1980 constitution, although subsequently amended, was written to help the authoritarian regime of General Augusto Pinochet consolidate its power. He is also credited with turning the country into a Milton Friedman-inspired free market model for the region. On Sunday, Chileans will vote on a dramatically different vision for their country, a constitution that could turn this South American nation into a new kind of model. Supporters of the country’s first democratically designed constitution say it is among them the most comprehensive in the world. He describes Chile as a country made up of several autonomous indigenous nations. It would recognize a national duty to provide a safety net for all citizens. In what is believed to be a world first, it will guarantee gender equality in government, public and public-private companies. It would grant rights to nature and animals and require government to address the effects of climate change. Chile is writing an awake constitution. Are Chileans ready for this? Perhaps most notable is the path that led Chile here. It began with months of mass protests, sparked by subway fare hikes, known as the social eruption of 2019. As clashes between protesters and government security forces grew increasingly violent — buses and subway stations burned and protesters blinded by rubber bullets were his signatures the conflict — a group of politicians negotiated an ambitious solution: A referendum on the drafting of a new constitution. More than three-quarters of voters approved the idea in 2020. But now the proposed map, backed by leftist President Gabriel Boric, looks set to fail: Polls last month showed many voters plan to reject her. The months-long campaign was marred by misinformation, disinformation and confusion about the content of the 388-article document. Supporters say it will help create justice in a deeply unequal society and expand rights to high-quality education, water and health care. Critics, including some prominent voices identifying as center-left, have argued that her proposals, particularly those that create structural changes to the country’s political and judicial system, are too radical. Some say it would destroy Chile’s stable and relatively prosperous economy. Some say the constitutional convention did not incorporate the views of its conservative minority. Either outcome remains possible. The polls have has not been allowed for the past two weeks, and it is unclear whether participating in a rare mandatory vote could move the needle on support. But the sharp division in the country, days before a vote on a map aimed at unifying it, highlights the challenges of designing a new government for the 21st century. “You have high levels of polarization and democracies are struggling to figure out how they should work, what they should be,” said David Landau, a political scientist and law professor at Florida State University who studies the constitutional draft and watched the drafting. process as a Fulbright grantee. “It’s almost a global identity crisis for liberal democratic systems,” he said. “It remains to be seen, win or lose, whether Chile can overcome these problems.” The vote on Sunday will serve as a referendum not only on the map, but also on Borich, the 36-year-old former student activist who, as a member of Congress, helped draft the deal. Boric’s administration urged Chileans to support the charter and said Congress would reform it as needed. In addition to right-wing critics, a coalition of center-left activists has formed in opposition to the charter. Amarillos por Chile — “Yellows for Chile” — is calling on voters to reject the constitution in hopes of writing a new one. Dozens of the team’s supporters gathered in a hotel conference room in the capital on Thursday, waving yellow flags and sang “Reject”. Group founder Cristián Warnken, a literature professor, described the document as an “infinite list of rights” that would be impossible to fund. Sitting in the audience Thursday, Cecilia Becerra focused on a frequent point of criticism: the description of Chile as a multi-ethnic country made up of autonomous indigenous nations. “Chile can’t be 11 nations,” Becerra said. She described herself as a socialist and said she voted for Boric and a new constitution, but plans to vote against the proposed charter. “We are a Chile, with equal rights for all, not that some have more rights than others.” Rosa Catrileo, a constitutional representative representing the Mapuche people, Chile’s largest indigenous group, said the recognition of multi-ethnicity “responds to the reality of Chile, because the original people existed and will continue to exist with or without the constitution.” How green became the color of abortion rights The constitution will recognize the principle that indigenous peoples can use their own legal practices for resolving disputes. It’s up to lawmakers to determine how that will work. Under proposal, Indigenous government and legal systems will be integrated and operate on an equal basis, but the Supreme Court would have the power to review decisions made by indigenous courts. Christian Vieira, who coordinated the relevant sections of the plan, said the indigenous justice system would only deal with low-level crimes such as animal theft. Other critics have focused on the proposed changes to the political system. It will replace the Senate with a similar but weaker body known as the Chamber of Regions. It would allow for the possibility of some legislation becoming law upon his approval only one chamber. Oscar Landerretche, an economist at the University of Chile’s School of Economics and Business, said the changes would reduce the legislature’s checks and balances. As Latin America embraces a new left, the US could take second place “Any Erdogan or Trump can drive their way to infinite power,” he said. He said the proposal should be read through the lens of worst-case scenarios, such as the rise of another authoritarian leader. “Legal systems cannot be interpreted in a ‘My Little Pony’ way.” Supporters say the proposed structure would help fix a system designed to work against passing legislation. Landau, the Florida State political scientist, said the changes are not as drastic as critics say. “Internally, there is a fear in some corners that the constitution is going to unleash a series of radical changes,” Landau said. “Whereas everyone I’ve spoken to internationally and all the academics and people watching the process from abroad are saying, ‘It’s a less radical and more sovereign constitution than what this debate is suggesting.’ On Thursday night, a crowd of thousands flooded the Alameda, the main avenue in downtown Santiago, for a rally to close out the campaign in support of the proposal. People of all ages held Chilean and Indigenous flags and chanted “Apruebo!” — Approve! They brought photographs of Chileans who disappeared under the Pinochet dictatorship. Many cried when a young man, who was blinded by police during the 2019 protests, said “I approve, for all the eyes we’ve lost”. In the audience were many who had experienced the horror of the dictatorship, when such demonstrations were often impossible. A 65-year-old woman whose family member was detained and tortured under Pinochet. A 59-year-old cook who cycled to the rally after work, with a Chilean flag on his wheel, whose father died of cancer after he could not afford an operation in time. Then there were many who grew up in a very different Chile, a democracy that allowed them to demand change. “It’s a dream of generations in the making, of my mother, of my grandmother,” said Rocío Navarrete, a 21-year-old with hoop earrings who came of age protesting in the streets of Santiago in 2019. “They always said we this is the cradle of neoliberalism, so this must fall here.’ For some, both in the square and across the country, it was a celebration — regardless of the outcome of Sunday’s vote. “There are countries where, after falling into a deep social crisis, what follows is a civil war,” said Amaya Álvez, a lawyer and member of the constitutional assembly. “In our case, we were able to bring back a deep social crisis, characterized by violence and deaths, into an institutional process. In an extraordinary way … we proposed a constitution.’ “That, to me,” he said, “is a great achievement.” John Bartlett contributed to this report.
