On Sunday December 17, more than 15 million Chileans and Chilijek went to the urn to vote for (a favor) or against (au contra) a draft fresh constitution to replace the existing basic law that has been in force since General Pinochet's regime. fresh forecasts came to light at the beginning of December – after this date no further publications were allowed. Although the results of both options seemed similar, most polls pointed to triumph au contra and lose the fresh project. Those polls checked out. Chilean society rejected another proposal to change: a favour 44.2% voted and au contra – over 55.7 percent.
What motivations were indicated most often? The investigation conducted by Centro de Estudios Públicos shows that a crucial proportion of those voting in favour of the fresh constitution did so due to the fact that it approved its content or wanted the constitutional process to be completed. Among the arguments of the people who voted against, there was disagreement with the proposals contained in the fresh project. Many of his critics felt that it proved to be even worse – more conservative and deepening existing inequalities – than the erstwhile basic law, imposed on the public in 1980 by the military.
Constitution for Selected
Let us remind you: the constitutional process started in Chile more than 4 years ago, and in October 2020 the majority of voters (more than 78%) of residents advocated a change of constitution from dictatorship to fresh one. Draft fresh Basic Law, developed by a constitution composed mainly of left-wing politicians, activists and independent self-governments, society rejected, however, in last year's referendum. The civic verdict left no doubt: only 38% of people voted in favour of the proposal and as much as 62% voted against.
The rejection of the task meant the continuation of the constitutional process and the request to set up another assembly – which this time, with the Chileans' voices again, was powered primarily by the right and the far right.
According to critics, the proposal voted on on December 17 was definitely besides visible. While the earlier draft constitution was openly left-wing, there was a clear right-turn this time. Although the characterisation of Chile as a "social and democratic state" has appeared in 1 of the first articles of the 182-page document, there are no circumstantial provisions in its further parts to aid build specified a social state. On the contrary, many proposals on labour law, education, the pension strategy and wellness care have announced the deepening of the neoliberal model that has prevailed here for years.
The draft fresh basic law includes controversial provisions on restrictions on the right to strike and strengthening the subsidiary system. Much space was besides devoted to the mechanisms for maintaining individual freedom of choice for citizens in matters of wellness insurance, private pension contributions or educational institutions. This has besides sparked criticism, especially on the left side of the political scene.
"Speaking about the freedom of choice that neoliberals are so eager to sing, it sounds like a sad gag in these conditions," commented Francisco Vidal, a associate of the organization for Democracy and erstwhile Minister in the Governments of Ricardo Lagos, and later Michelle Bachelet. "People want freedom, it's obvious. Everyone wants to make the choices they want to make. Anyone who thinks about their child's education would like to be able to send them to a good school or to a prestigious university that offers the most opportunities. However, we all know that this freedom of choice is usually a fiction: a kid goes to a school or a college that parents can pay for. The institutions offering the highest level of teaching are beyond financial scope for most residents," added Vidal.
"It is simply a constitution written by fewer to few. It guarantees freedom of choice only to the chosen; mostly to those who have money. This task would in no way aid solve the problems that Chilean society has been facing for years. It cements divisions and is proof that students seemingly outgrown their masters," said Antonia Rivas, activist of the Convergencia Social party, who was active in the referendum run as a spokesperson for the faction contra.
Republican Stars
The character of the rejected draft constitution – a kind of right-wing consequence to the left-wing proposal a year ago – was, of course, mostly due to the form of the assembly working on it. Most of its members (twenty-six people in a fifty-member line-up) belonged to the ultra-right Republican Party. It is from this formation, among others, that the politician who headed the constitution, 31-year-old Beatriz Hevia. She is simply a lawyer and pro-life activist who entered politics as a youth associate and co-coordinator of the presidential run José Antonia Kasta, the founder of this formation and the leader of the Chilean ultra-right.
On the another hand, the politician who won the most (more than 700 thousand) votes in the May elections was her organization colleague, Luis Silva – a 45-year-old lawyer and long-time associate of Opus Dei. Privately: the older brother of 1 of the most celebrated Chilean directors, Sebastián Silva, who has been distancing himself from his actions for years, and shortly after the election to the constitution said directly: “Luis is simply a threat to our nation.”
Silva's life communicative seems typical of many Chilean ultra-right characters. The politician comes from a privileged, wealthy family, has very conservative views and approves of Pinochet's governments, frequently emphasizing, among others, the advantages of his neoliberal "conquests". The political career began to forge rather early, early in college. Even as a child, shortly after joining Opus Dei, he besides met Jaime Guzmán, 1 of the main authors of the current constitution and founder of the ultra-right UDI party.
Chilean author and writer Rafael Gumucio wrote about Luis Silvia a fewer months ago: “This is simply a kind of political missionary. He inherited the same kind from Guzmán: he is calm but at the same time ossified. A sympathetic yet painfully doctrinal one." A Republican can be compared to a guru of Chilean right-wings not only due to his personality but besides due to his views, including his attitude towards women's rights. Which, as many left-wing politicians, lawyers and activists have noted, again, thanks to the fresh proposal of the Constitution, co-edited by Silva, among others, again became threatened in Chile. And that may have contributed to the final disaster of the task voted on Sunday.
Invisible Women
“The parent must have a baby. Even if it turns out to be abnormal, even if it did not want it, it is the consequence of rape or if the birth of it could lead to its death" – that is the literal translation of Guzmán's words, whose views have translated into making Chile a state with 1 of the most restrictive abortion rights in the world. It was through government introduced by this conservative lawyer that abortion procedures were completely prohibited here, regardless of the circumstances.
The ban was unofficially in force from the minute Pinochet came to power – after the collapse of hospitals were managed by the military. He was legally sanctioned at the end of the regime, and in 1989, Guzmán was seconded by Admiral José Toribio Merino. “ The law of God says not to kill, ” he said. There is nothing more unnatural than punishing the death of a defenseless man shortly to be born. Abortion means killing, even if the corpse is very small.”
Abortion treatments remained completely illegal in Chile long after democracy arrived. The law was liberalized here only in late 2017, during the second word of president Michelle Bachelet. The full ban was then replaced with an abortion “compromise” allowing abortion to be carried out in the event of severe and irreversible foetal damage, the threat of the mother's life or conception as a consequence of rape.
The change in restrictive law was preceded by long years of struggle, activism and many mass protests – and the constant negotiation of the rules of this change with the right, including members of the Renovación Nacional organization and UDI, who blocked work on the legislature bill and expressed their disagreement with liberalisation. Even through symbolic but crucial gestures – specified as the establishment of the kid Day of the unborn and adopted, "celebrated" in Chile on March 25. Active opponents of the relaxation of abortion law have always been the country's two-time president, Sebastian Piñer, who in 2017 powerfully criticized the change of legislation, identifying himself as "the protector of the lives of all citizens, and especially of the children to be born".
When a draft constitution was published in mid-November, behind which there was a committee dominated by the right, it immediately caused concern among feminists. There have been protests by many women's organizations and many petitions expressing opposition to its content, including the "sixty-three list" initiated by Bachelet, signed by respective twelve politicians, lawyers and activists.
In particular, Article 16 of Chapter 2 on "rights and fundamental freedoms" has been issued. Among another things, it says that "the law will defend the life of the individual to be born" – which many people have read as creating a constitutional argument that will let to challenge liberalized abortion law before a court.
A number of concerns and doubts have besides been raised by another passage from the same chapter in which (not present in earlier projects) the notion of "the clause of conscience", including the anticipation of "against action against its spiritual beliefs or beliefs", which is contrary to the secular nature of the state. According to critics of this provision, a regulation including a conscience clause could besides supply a pretext for refusing to execute treatments or even a reason not to give emergency contraception, which is presently available without a prescription in Chile.
"It may should be many years before the right to legal abortion is passed in Chile regardless of the reasons; it is possible that our country will be 1 of the last in the planet to approve it" – does not hide its pessimism a Chilean lawyer and constitutionalist Carolina Carreño Orellana. "Before this happens, however, the state should do everything to defend the lives of women and take care of our dignity. So what saddens me is that alternatively of proposing to decision forward in expanding our rights, they are given so small space in the constitution. And even more of their regressions were announced," she wrote in "El Mostrador".
Last Sunday
However, the task protested by the feminist community of Chile rejected, which means the final defeat of the four-year constitutional process. What's next? It is already known that, in the face of the next "lost" plebiscite, Chile will stay under the current fundamental law, and there will not be another referendum – at least not in the coming years.
Shortly after the authoritative results of the Sunday plebiscite were given, President Gabriel Boric stated: “Chile will hold the current constitution due to the fact that both attempts to prepare and adopt a fresh fundamental law on the way of plebiscites failed to convince and unite citizens. Subsequent votes and their results led to the polarisation of society, and the constitutional debate failed to capture the general aspirations to change and to take into account the different views of all residents. [...] The referendum was expected to bring hope and alternatively caused social frustration. And this cannot be ignored," said the Chilean President.
Borica’s words rather aptly reflect the overall moods in Chile in fresh months. The constitutional process, especially at the final stage, brought Chileans and Chileans even deeper divisions and much bitterness. The inhabitants are increasingly frustrated by the deficiency of real changes, with the continued necessity to participate in subsequent elections and voting, which combined – apart from social energy – consumed over 150 billion Chilean pesos (i.e. over PLN 680 million).
Many Chileans feel that the constitution has ceased to be about them, but it has become a large excuse for campaigning and building political capital just as much on the left as on the right. Residents besides began to have reservations about the very nature of the text being drafted, which alternatively of a long-term, universal task began to match the party's programme. There have besides been doubts whether the fresh basic law, first written under the dictatorship of left-wing and then far right-wing politics, is actually able to respond to the most urgent needs and the top social problems that have arisen in the "interior", including the increase in unemployment and organised crime, which is increasingly hard to master.
Neither did a brutal and tense referendum run and differences of opinion about the constitution within political factions aid in communicating with an indifferent, tired society – even inside the formation itself. alternatively of uniting, there were even deeper disputes and polarization.
Something that seemed real 4 years ago – an extraordinary unification of Chilean society, which for many months protested, demanding change – present seems like a dream or fantasy again. erstwhile the largest demonstrations in past broke out in October 2019, and There are thousands of people out on the streets“Chile has woken up” and representatives of various social classes have “met”. However, this gathering turned out to be temporary and seeming. The minute everything was possible passed distant quickly.
– Although the constitution I voted against lost, I am not happy today. I have no reason to celebrate – said my Chilean friend, whom I asked for a comment on the results of the plebiscite. It seems the political class has failed us again. In this respect too, everything in Chile has remained unchanged.
