Chile's Constitutional Agreement: More Details and Responses

CHILE - In Brief 19 Dec 2022 by Robert Funk

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An update to our earlier report on the agreement reached on Chile’s new constitutional process. As we indicated last week, the process will begin with the selection by Congress of a Committee of Experts, to be followed by an election for a new constituent assembly, to be called a Constitutional Council, which will present a draft to be approved or rejected in a referendum. Some further details: The agreement sets out a series of basic conditions or “borders”. Some of these are: That Chile is a democratic republic.Chile has a unitary and decentralized state. The sovereignty of the state is subjected to concepts of human rights and the country’s international treaty obligations. Terrorism is considered to be contrary to human rights.First nations are considered to be part of the Chilean nation, which is indivisible. The state shall respect and promote their rights and cultures.Chile is a social and democratic state governed by the rule of law, whose purpose is to promote the common good.The country has three independent powers: the Executive (with the exclusive right to initiate fiscal expenditure); the Judiciary; and a bicameral legislative branch, composed of a Senate and a Chamber.The Central Bank, electoral and constitutional justice, the Public Ministry (Prosecutor) and the Comptroller are constitutionally enshrined.Fundamental rights and freedoms are protected. These include life, equality under the law, property, freedom of conscience and worship; freedom of education, the rights of children and adolescents, among others. Committee of Experts The House of Deputies and the Senate will name twelve members each, chosen for their professional or academic expertise or ...