There are only four plenary sessions left in the Constitutional Convention and “this is over, gentlemen, this is going to be over”, as they would say in football jargon. The draft of the new Constitution that will be submitted to a plebiscite has 434 articles (and counting) and after this week no more can be added. Precisely the numbers have not been good for this constituent process. Some examples: According to the survey cadem released yesterday, 87% of those consulted agree that the State should use public force when looting occurs and 71% when roads are blocked or barricades are erected. This same study shows that mistrust in the Convention increased to 58% and Rejection over Approval continues to consolidate. And what happened today at the Convention? The State of Emergency was eliminated (the one that helped contain the violence in the southern macrozone) and that the current government asked to approve for the migratory crisis that affects the northern zone. There is more: the character of a military institution is removed from Carabineros. All this when, less than a month ago, the Undersecretary for Crime Prevention pointed out that we were “in the worst moment for security that the country has experienced since the return to democracy.” And President Boric himself said a few days ago that Chile was in a “wave of violence.”
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The agenda of the Convention
What happened today:
- The new -and last- commissions of the final stretch of the Constitutional Convention were constituted: Harmonization, Preamble and Temporary Norms. The objective of the sessions was for each one to elect their coordinators, but no agreement was reached in any of them -due to the lack of consensus between the leftist forces in the three- so they will have to settle it in the new session they have these instances this Wednesday.
- The full met to vote on latest report of the Political System Commission. Here some of the results:
- It was approved: «A commission will set the remuneration of the popularly elected authorities, as well as those who serve as their exclusive trust. The remunerations will be set every four years, at least eighteen months before the end of a presidential term. The agreements of the commission will be public, will be based on technical background and must guarantee adequate compensation for the responsibility of the position.
- It also goes to the draft of the new Constitution: “People convicted of crimes against humanity, sexual crimes and domestic violence, those linked to corruption such as treasury fraud, money laundering, bribery, bribery, embezzlement of public funds will not be eligible for public or popularly elected office. and others as established by law. The terms and periods of these disabilities will be determined.
- And rejection add the following item: “People convicted of crimes that deserve an afflictive punishment or for crimes that the law qualifies as terrorist conduct will not be eligible for public or popularly elected positions.under the terms and for the term established by law.
- Over the states of constitutional exceptionwith the approved The State of Emergency was lifted. The approved standard was as follows: “The exercise of the rights and guarantees that the Constitution guarantees to all persons may only be suspended or limited under the following exceptional situations: international armed conflict, internal armed conflict as established by international law or public calamity. Only the rights and guarantees expressly indicated in this Constitution may be restricted or suspended. The declaration and renewal of states of constitutional exception will respect the principles of proportionality and necessity, and will be limited, both in terms of duration, extent and means used, to what is strictly necessary for the earliest restoration of constitutional normality.
- Regarding the Police, the draft of the new Constitution was passed: «The cops depend on the ministry in charge of public security and they are police institutions, not military, of a centralized nature, with jurisdiction throughout the territory of Chile, and are intended to guarantee public safety, give effectiveness to the law and protect fundamental rights, within the framework of their powers. Besides: «The police must incorporate the gender perspective in the performance of their duties and promote parity in decision-making spaces. They must act respecting the principles of necessity and proportionality in the use of force, with full respect for international law and the fundamental rights guaranteed in this Constitution.
What will happen tomorrow:
- The thematic commissions will meet to define the transitory norms of their respective areas that they must then send to the Transitory Norms Commission.
Iván Cheuquelaf: Are we really part of the New Constitution?
In his column on The bookcasethe lawyer Iván Cheuquelaf points out: «We are left with the question of whether the way in which the various participation instances were carried out would allow us to affirm that the citizenry has ‘taken part’ in the draft of the new ConstitutionWell, it seems to be just the opposite.
And warns about: «The serious breaches of international obligations when carrying out a consultation with indigenous peoples that was raised without pursuing its main objectivewhich is to try to reach an agreement with its representative institutions, but, rather, tried to validate the (biased) opinion of the reserved seats, as if the process were a contract of adhesion in which it had to be stated whether or not we agreed with the way of thinking of said conventionalists. In this case, the audacity reached such a point that regulations that could affect indigenous peoples were even approved by the plenary session, even before the consultation itself was completed. In this link the complete column.
Electoral Podcast of El Líbero: The risk that Boric runs with his agreement against violence
We invite you to listen to our podcast where analysts Pepe Auth and Dario Paya They address the latest polls, the constitutional process and President Boric’s commitment to a new political agreement. Click here to watch it on El Líbero’s channel on YouTube.
The Convention analyzed “Without Censorship”
Conventional “sub 40” analyze every Sunday the details of the Constitutional Convention. Frequent panelists are constituents Eduardo Cretton, Ricardo Neumann, Katerine Montealegre, Felipe Mena and Constanza Hube. Click here to see last Sunday’s chapter.
We would like to say thanks to the writer of this short article for this amazing material
Constituent Selection: The Convention in its countdown