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OPINION: Rejection of the proposed new Chilean constitution is disappointing

The new constitution would have enshrined over hundred rights into national charter

Chile's new President Gabriel Boric | AP Chile's President Gabriel Boric | AP

I was disappointed by the rejection of the new constitution by the Chilean voters in the referendum held last Sunday.

If it was approved it would have made Chile, one of the most conservative countries in Latin America into one of the world’s most progressive, egalitarian and of course, left-leaning democratic societies. The constitutional experiment would have been a lesson in Direct Democracy for the world.

The new constitution would have enshrined over hundred rights into Chile’s national charter, more than any other constitution in the world, including the right to housing, education, clean air, water, food, sanitation, internet access, retirement benefits, free legal advice and care “from birth to death.” It would have legalized abortion, mandated universal health care, required gender parity in government, empowered labor unions, strengthened regulations on mining and granted rights to nature and animals. It would have eliminated the Senate, strengthened regional governments and allowed Chilean presidents to run for a second consecutive term. 

More importantly, it would have defined Chile as a “plurinational” state. That meant 11 indigenous groups, which account for nearly 13 percent of the population could have been recognized as their own nations within the country, with their own governing structures and court systems. 

The constituent assembly itself was unique and the first one in world history with equal number of men and women besides some indigenous representatives who were given the first ever privilege of participating in the constitution-making process. Most of the members of the assembly were non-political but left-leaning independent activists.

The rejection of the new constitution was due to a justifiable concern that it was taking the country to the leftist extreme from the rightist extreme of the original of the current constitution imposed by the brutal military dictatorship of Pinochet.

So, now the leftist administration of President Gabriel Boric and the conservative forces which opposed the new constitution have to work together towards new draft with compromises from both sides. There is no doubt that the current constitution needs to be changed to address its in-built injustice and inequality. 

I am confident that the Chileans would certainly come up with innovative democratic way forward. The Chilean democracy is one of the most mature in Latin America despite the tendency of the Chileans to experiment and fight if necessary through protests which could be violent at times. 

The author is an expert in Latin American affairs.

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