Chile’s Constitution Appears as a Roadblock to Defusing Rage
Chile’s Constitution Appears as a Roadblock to Defusing Rage
(Bloomberg) -- Amid the biggest social upheaval in decades, many Chileans are clamoring for a solution that sends shivers down the spine of part of the country’s elite: a new Constitution.
In response to two weeks of mass protests and rioting over inequality, Chilean President Sebastian Pinera overhauled his cabinet and promised higher taxes on the rich plus better pensions. He has also canceled two global conferences after spending millions preparing to host them. Yet that’s done little to placate calls for a constitutional reform, an idea that is growing in strength and that may complicate any attempt by Pinera to defuse the crisis quickly.
Chile’s Constitution was implemented under the dictatorship of Augusto Pinochet and, despite having been amended some 20 times by recent governments, critics argue most changes it received in the past three decades were cosmetic. For example, detractors point to the legal safeguards given to private property as one of the drivers behind Chile’s water privatization, a controversial subject in a country struggling with severe droughts.
The fact that laws drafted during the country’s bloodiest era are still in place has always been a thorn in the side for part of Chilean society, particularly social movements and the left. These groups are now galvanized by the protests and requesting a substantial change to include better social protections.
For Pinera, this situation is tricky. Either he caves to the demands, risking a rewrite of the Constitution at times of collective effervescence and little political capital, or he resists calls, with the likely outcome of extending protests that have collapsed the country’s capital.
“Presidents don’t like calling a constituent assembly when they’re in a position of weakness,” said Javier Corrales, a political science professor at Amherst College and author of a book on constitutions in Latin America. “Once you start one, you have very little control of what comes out.”
Lowest Level
Since the riots started on Oct. 18, Pinera has seen his popularity plummet to 14%, the lowest level for any head of state since the return of democracy in 1990, La Tercera reported citing data by Cadem.
Three bills for a new Constitution are currently in Congress and opposition legislators are pushing for a referendum on the need for a reform in December. But any move would require that at least some government legislators support the bill due to the high support required.
The government so far seems to be trying to gain time, initiating chats with several social groups. Pinera’s decision to cancel the Asia-Pacific Economic Cooperation forum and the United Nations climate change conference -- after touting them as evidence of Chile’s growing role on the global stage -- shows how crucial it is for him to focus on resolving the conflict.
The president has also dispatched his social development minister, Sebastian Sichel, to lead meetings with different groups of protesters to understand their requests, saying he is open to considering all citizen proposals.
“We will have a wide dialogue process with all citizens,” Pinera told reporters in televised comments. “I won’t rule out any structural changes but we will prioritize the social agenda before the political agenda. It’s time to hear the people and the people want better pensions, health care and safety.”
But if the violence and protests continue, he may have to give in to the calls, according to Amherst’s Corrales.
All Proposals
While some see beginning the process for a new Constitution as a way to return to some normality in South America’s wealthiest nation, others warn that this path could open the way to incorporate more radical ideas including curtailing property rights, and may not end calls from protesters for Pinera’s resignation.
“In a climate with so much polarization, I don’t think it’s responsible to discuss a new Constitution,” said Natalia Gonzalez, deputy director of legal affairs at Libertad y Desarrollo, a think-tank founded by former Pinochet-government ministers. “We have an issue of public order and a social agenda that has to be prioritized,” she said in an interview with Pauta Bloomberg.
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For Daniel Garcia, director at center-left think tank Espacio Publico, there’s little probability of major reforms including a new Constitution in the final two years of Pinera’s presidency.
“Pinera has to focus first on short-term measures that have a positive effect on the people’s pockets and set up conditions for dialogue,” he said.
To contact the reporter on this story: Eduardo Thomson in Santiago at ethomson1@bloomberg.net
To contact the editors responsible for this story: Juan Pablo Spinetto at jspinetto@bloomberg.net, Matthew Malinowski, Daniel Cancel
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