BUENOS AIRES, December 18. /TASS/. The website of Chile’s Electoral Service reports that a majority of voters (55.68%) opposed the text of the proposed new constitution in a referendum to replace the document adopted under the military dictatorship of General Augusto Pinochet (1973-1990), with 44.32% voting in favor of the change.
The vote marked Chile’s second attempt to adopt a new constitution. Earlier, Chilean President Gabriel Boric said he would not insist on a third process for drafting the South American country’s fundamental law. Thus, the constitution adopted under Pinochet, augmented by 58 amendments passed in 2005 during the tenure of former President Ricardo Lagos (2000-2006), will remain in effect.
The administration of former Chilean President Sebastian Pinera (2010-2014, 2018-2022) had promised to initiate the process of drafting a new constitution during the protest wave that swept the country in late 2019. On October 25, 2020, Chile held a referendum in which almost 80% of voters favored changing the country's basic law. The first draft, developed by the Chilean Constitutional Convention with a left-and center-left majority, was rejected in a referendum on September 4, 2022.
About the new draft
In December 2022, Chilean lawmakers from both the opposition and the ruling coalition agreed to restart the process of drafting a new constitution. In March 2023, an expert commission of 24 people elected by the National Congress of Chile commenced its work. They prepared a preliminary draft of the constitution, which was further refined by the new Chilean Constitutional Convention consisting of 50 people elected through a nationwide vote, with a majority representing right-wing and center-right forces.
The referendum text defines Chile as a "social and democratic state governed by the rule of law," but it indicates that social rights can be provided not only by the state, but also by private institutions. The text also contains provisions that restrict the right to strike and allow the deportation of illegal immigrants.
Controversy in Chilean society arose over the wording of the article guaranteeing the right to life, including "those who will be born." Many people fear that opponents of abortion could use this text to repeal the law allowing termination of pregnancy in cases of rape, risk to the mother’s life, and the non-viability of the fetus. Currently, these are the only legal grounds on which a woman in Chile can opt to undergo an abortion.