On 17 December, in the country's second constitutional referendum, a majority of Chileans voted against the proposed new constitution. 55 per cent of voters rejected a draft that had been prepared by a Constitutional Council in which right-wing and far-right members were the majority. According to critics of the draft, pressing issues, such as women’s rights and the secular character of the country, were at stake. Voter turnout was 84.5 per cent; voting was mandatory. The rejection of this second draft ends a constitutional process that started four years ago.

After the results were revealed and amid “constitutional fatigue”, President Boric announced the “closure” of the constitutional process and the need to focus on other pressing issues. 70.1 per cent of women between 18 and 34 years of age voted “against”, in comparison to 62.7 per cent of men of the same age. Such data also shows that most of those aged between 18 and 34 years voted decidedly “against”.

Sources: El Pais (1), British Broadcasting Corporation, DecideChile, El Pais (2), El Pais (3)  

A national plan to search for victims of enforced disappearances during the Pinochet dictatorship was launched by President Gabriel Boric on 30 August, International Day of the Victims of Enforced Disappearances. The Plan aims to shed light on the circumstances surrounding the disappearance and whereabouts of victims, their recovery and identification, as well as to guarantee the rights of victims and their families to truth, reparations and guarantees of non-recurrence.  The plan will have an assigned budget for its implementation, and is part of the initiatives launched in remembrance of the 50th anniversary of the coup that overthrew President Salvador Allende in 1973. Over 3,200 people were killed or disappeared during the dictatorship. 

Sources: Gobierno de Chile, El Pais

A close ally of President Gabriel Boric, Giorgio Jackson, has quit as Minister of Social Development. Congress’s right-wing legislators had threatened to promote a constitutional complaint against him, after having called for his resignation for months. Jackson’s approval had waned after last year’s public rejection of a draft constitution generally endorsed by Chile’s left, and criticism of his leadership had intensified as a consequence of a corruption probe. His party, Democratic Revolution (Revolucion Democratica), which is part of the Frente Amplio ruling coalition, has been implicated in a scandal involving the transfer of public funds to a foundation with ties to it. Further criticism of Jackson’s leadership revolved around the theft of computer equipment and other resources from the Social Development Ministry. While Jackson argued that the accusations against him by right-wing political parties were being used as an excuse to paralyze government-backed reforms, President Boric accepted the resignation. 

Sources: MercoPress, El Pais (1), El Pais (2)

Chile’s Supreme Court issued separate non-appealable rulings, in which it convicted former members of the military and security agencies for crimes related to the kidnapping and political assassination of two victims of the dictatorship, Victor Jara and Carmelo Soria, nearly 50 years after the crimes were committed.  

Seven retired officials were found responsible for the coverup or commission of the kidnapping, torture and assassination of singer-songwriter and Salvador Allende supporter, Victor Jara, in 1973. They received sentences between eight and 25-years imprisonment. Along with the head of the Allende Government’s Prison System, Littre Quiroga, Jara was singled out among the thousands of detained supporters of Allende, tortured and killed.  

Another ruling convicted eight former military and security officers of different crimes related to the kidnapping and assassination of Carmelo Soria. The convicted individuals received sentences between 10- and 15-years imprisonment. Soria, Spanish diplomat and member of the Economic Commission for Latin America and the Caribbean, was killed in 1976 for political reasons, given his communist political affiliation. 

Sources: El Pais (1), Deutsche Welle, El Pais (2)

On 7 May, Chileans voted to elect the members of the body entrusted with drafting a new constitution. The new constitution will replace the current one, which dates to the Pinochet dictatorship. A draft prepared by a previous constitutional assembly, which was dominated by the left, was criticised as too progressive and rejected in a September 2022 referendum.  

25 women and 26 men were elected as members, as per the constitutional requirement guaranteeing gender parity. The country’s right-wing parties will make up the majority of the new constitutional assembly, with the far-right Republican Party obtaining the most seats, 22 out of 51. Due to the latter’s conservative views, including its opposition to abortion, the assembly’s configuration has implications for how rights will be addressed in the new draft. Analysts consider this result as a reflection of President Boric’s declining approval. Around 15.1 million Chileans participated in the election, in a process where voting was mandatory. 

Sources: El Pais (1), La Nacion, El Pais (2)

Congress has approved the “Nain-Retamal” Act, a piece of legislation that introduces the concept of “privileged legitimate defence”. Such a concept entails a presumption that police or members of the armed forces have rightly used or discharged their service weapons when acting in self-defence or in defence of a third person. It also increases sanctions for the commission of crimes against security forces. The new law was introduced in the context of increasing violent crime in Chile, including homicide, as well as the homicide of members of security forces in the past months. Human rights organizations and activists have criticised the new provisions as contrary to standards of proportionality in the use of force.

Sources: France 24, El Espectador, La Tercera, Cable News Network

Legislation to reduce the work week from 45 to 40 hours (with exceptions for certain groups of workers) has been approved by Congress. The law, which was discussed for over six years in the legislature, also introduces other benefits for working parents of young children and prohibits any reduction in salary for the reduction of hours worked. President Boric had pledged during his campaign to ensure the bill would be passed. It will be implemented gradually over five years.

Sources: Vanguardia, El Pais