Historic elections will take place in Chile this May 15 and 16. Along with the elections of mayors, councilors and regional governors, the elections of constituents will be held, in which the 155 members of the body in charge of drafting a new Constitution will be voted for. Here is a summary of the main keys to understand the upcoming process.
The Constitutional Convention will be composed of 155 members elected by popular vote according to the same districts as the parliamentary elections. The body will be parity, that is, it will have a balanced number of men and women, an unprecedented fact in the world. In addition, within the 155 members, there will be 17 seats reserved for representatives of native peoples.
The Convention must draft and approve a proposed text of the new Constitution within a maximum period of nine months, counted from its installation, a period extendable for three additional months, but only once. Therefore, in mid 2022, Chile will experience a new plebiscite to approve or reject the new Constitution.
The Convention has the exclusive purpose of drafting and approving a new Constitution, for which reason it may not intervene or exercise any other function of other bodies or authorities. In addition, the drafting of the new Magna Carta must respect the republican character of the State of Chile, its democratic regime, the final and enforceable judicial sentences, and the international treaties in force ratified by Chile.
The articles contained in the new Magna Carta must have a quorum of 2/3 of the members of the body, in order to achieve a high degree of consensus in the constitutional text.
The Convention shall deliver its proposed constitutional text to the President of the Republic, who shall call a new plebiscite to be held sixty days after the publication of the call. In this plebiscite, the vote will be mandatory and the citizens must approve or reject the new Magna Carta. If approved, the new Constitution will be promulgated. In case of rejection, the current Constitution will remain in force.
On October 25, 2020, 78.27% of the voters in the Plebiscite approved to initiate the process of drafting a new Constitution. This historic consultation was agreed by most of the Chilean political forces, both ruling and opposition, in the search for an institutional solution to the social crisis that emerged in Chile at the end of 2019.