Irish Centre for Human Rights Blog

Dr Anita Ferrara, Lecturer in Human Rights, Irish Centre for Human Rights, School of Law, NUI Galway,

October 25 2020 will be remembered as a day that made history in Chile. With an overwhelming majority of votes (78%), people chose to change the current Constitution, which was drafted under the dictatorship of General Augusto Pinochet.

Since the 1980s, the Constitution has been amended forty six times. However, it has been a source of contention and polarization since the return of democracy, lacking social legitimacy in the eyes of Chileans.  Despite the many changes, in fact, the Constitution remains a document agreed upon by the conservative elites of the country, which perpetuate the political and economic system that defines the profound inequalities of Chilean society.

The constitutional referendum was a hard-won victory following the social protests that broke out last October 2019. The protests lasted for several months and left behind a grim image of devastation, together with the worst human rights crisis since Pinochet´s dictatorship.

The protests were triggered by the increase in the price of public transport and soon became a widespread national mobilization showing a country in deep need of social and economic reforms. It is precisely the lack of social and economic rights that sparked the protestors’ demands: access to health, social security, housing, education and water. After a month of persistent protests, President Pinera acknowledged the claims of the people for a new social contract and opened the process for a new Constitution.

A number of aspects make this national referendum quite a remarkable event both in Chile and elsewhere.

First, for the first time since 1833 in Chile, the Constitution will be drafted by democratically elected constituent members. In the second question of the referendum, people were asked to choose which body would be responsible for drafting the new Charter. The people opted for a Constitutional Convention, which will be entirely formed by delegates directly elected by the population. In April 2021, Chileans will elect 155 delegates to redraft the Constitution.

Second, it will be the first time that the world will have a Constitution drafted by a Constitutional Assembly that will be equally composed of men and women. Moreover, a quota not yet established, will be devoted to the indigenous peoples. This new, fairer and more inclusive legal framework will provide participation to those groups that have been traditionally excluded from the decision making process.

Finally, the Constitutional assembly is called to dismantle a Charter that protects the neoliberal model of the economy, which gives the private sectors large control over the public services and advocates minimal state intervention.

Chileans are very well aware that the rewriting of the Constitution alone will not resolve the structural inequalities that exist in Chile, but the redrafting of a new constitution is an historical turning point.

The referendum took place a few days after protests erupted again, and violence resumed with shocking images, widely circulated on social media, showing a police officer throwing a 16-year old boy off a bridge during the protests.

Moreover, Chile has been heavily impacted by the COVID-19 Pandemic, which has further exacerbated the economic crisis and the widespread inequality.

After so much suffering, this popular vote carries great symbolic weight and brings hope that the process will finally set the country on a different path. To celebrate the historic victory, thousands of people filled the streets of Santiago chanting and celebrating under the motto “Erasing your legacy will be our legacy” in reference to the legacy left by General Pinochet.

Thirty years after the end of the dictatorship, Chile has the opportunity to finally rewrite its future.