Chileans to vote again to replace country’s dictatorship-era constitution

SANTIAGO, Chile (AP) — Chileans voted Sunday on whether to approve a new constitution to replace the country’s dictatorship-era charter.

The vote came more than a year after Chileans resoundingly rejected a proposed constitution written by a left-leaning convention and one that many characterized as one of the world’s most progressive charters.

The new document, largely written by conservative councilors, is more conservative than the one it seeks to replace, because it would deepen free-market principles, reduce state intervention and might limit some women’s rights. Polls closed Sunday, and results were expected to start coming in later in the evening.

If the new charter is rejected, the Pinochet-era constitution — which was amended over the years —- will remain in effect. That is what ex-President Michelle Bachelet was apparently hoping for when she voted early Sunday.

Opponents of the new Constitution cheer as they listen to the partial results of a plebiscite on whether the new Constitution will replace the current Magna Carta imposed by a military dictatorship 41 years ago, in Santiago, Chile, Sunday, Sept. 4, 2022. (AP Photo/Matias Basualdo)
José Antonio Kast, leader of the Republican party, speaks while celebrate obtaining the largest number of representatives after the election for the Constitutional Council, which will draft a new constitution proposal in Santiago, Chile, Sunday, May 7, 2023. A first attempt to replace the current Charter bequeathed by the military 42 years ago was rejected by voters during a referendum in 2022. (AP Photo/Esteban Felix)

“I prefer something bad to something worse,” said Bachelet, who has campaigned to reject the new constitution.

One of the most controversial articles in the proposed new draft says that “the law protects the life of the unborn,” with a slight change in wording from the current document that some have warned could make abortion fully illegal in the South American country. Chilean law currently allows the interruption of pregnancies for three reasons: rape, an unviable fetus and risk to the life of the mother.

Another article in the proposed document that has sparked controversy says prisoners who suffer a terminal illness and aren’t deemed to be a danger to society at large can be granted house arrest. Members of the left-wing opposition have said the measure could end up benefiting those who have been convicted of crimes against humanity during the 1973-1990 dictatorship of Gen. Augusto Pinochet.

The new proposed document, which says Chile is a social and democratic state that “promotes the progressive development of social rights” through state and private institutions, is also being opposed by many local leaders who say it scraps tax on houses that are primary residences, a vital source of state revenue that is paid by the wealthiest.

It also would establish new law enforcement institutions and says irregular immigrants should be expelled “as soon as possible.”

César Campos, a 70-year-old taxi driver, turned out early to support the new constitution. He viewed it as a vote against the left, whose ideas largely dominated the first, rejected draft.

“(President Gabriel) Boric wants everybody to be equal,” Campos said. “Why should anyone who studies or works their entire life have to share that?”

The process to write a new constitution began after 2019 street protests, when thousands of people complained about inequality in one of Latin America’s most politically stable and economically strongest countries.

But in 2022, 62% of voters rejected the proposed constitution that would have characterized Chile as a plurinational state, established autonomous Indigenous territories and prioritized the environment and gender parity.

One of the most recent polls, by the local firm Cadem in late November, indicated 46% of those surveyed said they would vote against the new constitution, while 38% were in favor. The difference was much closer than three months ago when the “no” vote was 20 points ahead of the “yes” side.

In Santiago, the capital, talk before the vote often turned to security rather than the proposed charter. State statistics show an uptick in robberies and other violent crimes, a development that tends to benefit conservative forces.

“This whole process has been a waste of government money … it’s a joke,” said government employee Johanna Anríquez, who voted against the new constitution, calling “it is very extremist.”

“Let’s keep the one we have and, please, let’s get on with the work of providing public safety,” Anríquez said.

There appeared to be little enthusiasm for Sunday’s vote. Most citizens are exhausted after 10 elections of various types in less than 2½ years, but voting is compulsory in Chile.

Malen Riveros, 19, a law student at the University of Chile, said the fervor that was ignited by the 2019 street protests has been lost and for her, the choice on Sunday was between the bad or the worse.

“The hopes were lost with the passing of time,” Riveros said. “People have already forgotten why we went into the streets.”

___

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