Chile Rejects Proposed Constitution as Too Progressive

Chileans waved flags as they celebrated the rejection of the proposed constitution. Source: Pablo Sanhueza/Reuters

Thirty-two years have passed since Chilean dictator Augusto Pinochet left office, but the constitution established during his rule is still in place. The main objective of the current administration, under President Gabriel Boric, has been to write a new one—a task completed one month ago. 

However, a surprisingly high 62 percent of Chilean voters rejected the proposal.

The proposed constitution has been touted as one of the most progressive in the world. The plan suggested a “plurinational” state where 11 indigenous groups would become recognized nations within Chile, women’s rights - including abortion rights and equal access to official government positions - abolition of the senate, environmental protections, and an increase in welfare. 

The 388-article behemoth offers over 100 constitutional rights, including several hyperspecific, esoteric elements such as “neurodiversity” and “digital disconnection.”

The content reflects the constituent assembly that wrote it. Dominated by leftists and independents that controlled over two-thirds of its 154 members, the assembly’s majority bloc did not need conservative input to push through changes or additions. 

President Boric is a young, liberal politician, and his administration displays this progressiveness and inexperience. He replaced the unpopular right-wing billionaire Sebastián Piñera as president.

This assembly is a reaction to the past administration. 

However, most voters are centrist and Chilean society leans conservative, so the constitution’s writers do not represent the country properly. 

Much of this social attitude was fueled by the 2019 protests, which initially began over a price hike in public transportation fees, then rapidly expanded into a national demonstration against social and income inequality, which in Chile is one of the highest in the world. 

In a 2020 referendum, 80 percent of Chileans voted to replace the constitution, and the recent proposal is the result of the following two-year process.

Supporters of the proposed constitution protesting in Santiago after the results were released on Sunday. Source: Tomas Munita/NYT

Critics have worried that the environmental protections proposed will hurt the copper industry, and that increased welfare for housing, education, and healthcare will lead to increased taxes. Moreover, the length of the constitution contributed to confusion and disinformation that was widely spread before the vote, especially through fearmongering by the right. Some believe that the obligatory voting policy also led to the proposal’s failure, as anyone who disliked any portion, however minimal, voted against it. Because the constitution encompassed so many identity groups and minority concerns, there was a corresponding opposition to each.

Although the constitution was rejected, most voters still want a new one, in order to finally end the legacy of Pinochet’s 17-year military dictatorship. Professor Rodrigo Espinoza of Diego Portales University explains that "the original sin of the current constitution is that it was written during the dictatorship. It has gone through reforms but is still seen as illegitimate." 

Isabel Allende, a leftist senator and daughter of ex-president Salvador Allende, further elaborates that “there is no question that the 1980 Constitution is dead. The right has committed that, in the case that the proposal was rejected, there would be a new constitution. So hopefully they keep their word.”

Chileans are already looking out for what the next step of the rewriting process will be. President Boric announced after its defeat that “[the] decision by Chilean men and women requires our institutions and political actors to work harder, with more dialogue, with more respect and care, until we arrive at a proposal that interprets us all, that is trustworthy, that unites us as a country.” 

Discourse around “unity” abounds in Chile, but the constitution is so hyper specific, that it has inflamed divisions throughout the country. 

Boric’s next step is to ensure that the new proposal will not fail. He may choose to include more experienced and moderate politicians to make the assembly reflect the Chilean people. Success will depend on balancing the numerous interests of voters, and creating something that can unite the country.