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Chile unveils its proposed new constitution

Intended to replace the charter imposed by Pinochet during his military dictatorship over four decades ago, the new text would be one of the most progressive in the world, enshrining Indigenous rights and putting environmental protection at its core.

Chile has unveiled the final draft of a constitution born from a wave of protests two years ago, when millions of people poured on to the streets to decry their dissatisfaction with their lives and the political forces governing them.

Submitted to recently-elected President Boric on the 4th, it brings the country a step closer to abandoning the legacy of Augusto Pinochet’s 17-year military dictatorship.

The move puts Chile on course to having one of the most democratic and progressive constitutions in the world – not to mention the longest, at 338 articles long – if, of course, it’s approved by voters in a nationwide plebiscite that’s due to take place early September.

Experts predict a 50/50 chance of it actually happening, given many Chileans blame the current magna carta (which follows a neoliberal model) for bringing about the country’s higher-than-average levels of wealth inequality.

For four decades, the hyper-capitalist memorandum has advocated minimal state intervention, allowing private sectors to control public services.

Chile's Constitutional Assembly presents proposal for new constitution to  Chilean president - CNN

By contrast, the new draft broadly makes the state responsible for the provision of services, guarantees gender parity across government and public enterprises, and protects a host of social and cultural rights.

Including the right to free speech, abortion, clean air and water, and a publicly-funded national health service.

Additionally, it establishes equal participation quotas for women in public institutions and hiring regulations that aim to close the nation’s 20 percentage-point gender employment gap, and guarantees LGBTQ+ inclusion in political spaces.

‘The rewrite process has become a vessel for the hopes and aspirations for a better Chilean society,’ Latin American researcher Christopher Sabatini tells Time.

‘It demonstrates an admirable flexibility and recognition of social and political discontent to an extent that no other country in the region has attempted. Irrespective of the potential downsides, the mere act itself is powerful.’

What's Next For Chile on the Road to a new Constitution | Progressive  International

It also recognises Indigenous people – which make up roughly 13 percent of the Chilean population – as autonomous communities governing their territories and enshrines just climate action.

In fact, environmental protection is a fundamental pillar of the text, which takes on the ecological crisis in a way no other constitution has in history.

‘Chile recognises the dignity, freedom, substantial equality of human beings and their indissoluble relationship with nature as intrinsic and inalienable values,’ it reads.

The proposed constitution’s endorsement, therefore, would place Chile at the forefront of the global fight to safeguard the planet.

‘We have determined that Nature has the right to have its existence respected and protected, to the regeneration, maintenance and restoration of natural cycles, ecosystems and biodiversity,’ says assembly member Gloria Alvarado.

Chile's constitutional process: an historic opportunity to enshrine human  rights | OHCHR

‘This is not only an ecological Constitution, it is socio-ecological, because we are part of nature and it is from this perspective that we have proposed and approved these norms.’

If the draft is approved by a majority, it will be ratified as Chile’s new constitution and as Boric stated at its finalisation, ‘it will once again be the people who have the last word on their destiny.’

The millennial president has, on several occasions, reiterated his support for the constitutional project, adding that the current document represents an ‘obstacle’ to profound social reform.

Even so, several opinion polls suggest it could still be rejected as some critics complain it is too radical to accurately represent Chilean society.

If this is the case, the 1980 document (though heavily modified since) will remain in force, despite widespread agreement that the country is in dire need of a new charter.

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