Chile: Draft Constitution Rejected in Referendum, Pinochet’s Fundamental Law Remains in Force

For the second time in two years, Chileans have rejected the proposal submitted to a constitutional referendum. Voting took place on Sunday, December 17th. A majority, more than 55% of voters, rejected the draft of the new constitution that would replace the current one adopted in 1980 under the military government of Augusto Pinochet.

The first referendum was called in September 2022. Then 61.9% of Chileans voted “against” the proposal developed by the Constitutional Assembly, where the progressive majority was in charge. Now a vote was taken on a proposal submitted by the Constitutional Council with a conservative majority, but the result was the same.

The constitutional process began after the 2019 protests. They signaled the population’s dissatisfaction with the inequality caused by economic growth in recent years. Growth only increased these inequalities because it was not accompanied by strong social protection. The failure of two consultations on two constitutional bills, left and right, is a reflection of the polarization inside the country.

Chilean President Gabriel Boric, a representative of the left-wing Social Convergence party, explained that the constitutional process “did not meet the expectations that a new Constitution would be drawn up for everyone.”

“The constitutional process is closed, and other urgent issues are coming to the fore,” the president said, according to Chilean newspaper La Tercera. “It is important that this result has an immediate effect: everyone must focus on developing the agreements that Chile needs in the social, economic, and security sectors, without further delays and excuses. Let’s not celebrate or show arrogance: put the ball on the ground, show humility, and work. Work hard.”

Boric explained that the government’s commitments will now focus on restarting legislation on pension reform and developing a “fiscal pact” to stimulate economic growth while ensuring a fairer distribution of wealth.