Chile: New Constitution Gives Conservative Right a Chance to Lead

by Jaime Baeza Freer*

La Moneda (Presidential Palace), Constitution Plaza in Santiago, Chile / Dennis Jarvis / Flickr / Creative Commons License

Chilean voters on May 7 handed right-wing parties a massive victory in the elections for the second Constitutional Convention– reaffirming popular rejection of the first draft and showing frustration with the sagging economy and soaring crime rates – but the extreme-right Republicans will have to deliver a balanced Constitution that reflects the country’s democratic values or get the boot in the referendum on it in December.

  • The Republicans and several more moderate right-wing parties won three-fifths of the seats in the country’s second Constitutional Convention – in stark contrast with the previous convention’s wide range of socialists, leftists, indigenous leaders, environmentalists, and former social activists. The election outcome was in tune with last year’s referendum, when 62 percent of the electorate rejected the previous convention’s draft Constitution.

The electorate’s sharp U-turn suggests a rejection of the former convention and current administration of President Gabriel Boric more than an embrace of the Republicans, some of whom are conspiracy theorists, far right extremists, and loners. Conservative Luis Silva, the most-voted candidate in the country, has caused outrage by stating his “admiration” for dictator Augusto Pinochet (whom he called “a statesman”), and he has adamantly proclaimed that issues like abortion, gay marriage, and migration are simply off the table and should be expressly banned in the draft Constitutional. Mr. Silva is a numerary of the Opus Dei. Press reports also allege that many candidates were nominated to fill vacated lists with no hope of winning. Some newly elected Republicans are unfit for office; one resigned his seat due to an indictment (still in trial) for domestic violence.

  • Most voters who cast their ballot for the Republicans, however, are not extremists. Indeed, party leader José Antonio Kast – who placed second in the 2021 presidential election (with 44 percent of the second-round vote) – is not an extreme right-wing supremacist or anything closely related as some of his opponents have alleged. Indeed, polls show a correlation of voters’ discontent with the Boric administration and support for Kast. According to Decide Chile pollster Cristóbal Huneeus, 16 out of the 35 percent of the votes the Republicans received were “circumstantial” and from persons who usually vote for the left.
  • The outcome has created the appearance that voters have swung to the other extreme of the political spectrum, but people are not against liberal values like marriage equality, women’s rights, or LGBTQIA+ rights. According to Bicentennial Polls by the Pontifical Catholic University, less than half of Chileans regard themselves as Catholics.

The main lesson of the election is that voters are annoyed with the patronizing attitudes from some quarters of the liberal elites, who went too far and too quickly to the left in the first draft of the new Constitution while the economy could not recover its pre-2019 levels. Most of the population is still trying to fulfill basic needs like housing, jobs, lowering crime rates, and dealing with an impoverished economy after the pandemic and uncontrolled immigration.

  • On the new Constitution, the message of the population is a wish for one that stands on the idea of order and economic freedom as the most precious assets without rejecting individual freedoms – a position that some Republicans are unable to accept, as they want to go all the way to extreme conservative positions. Kast gained enormous credit from this election, and he’s hoping to take power in two years in the general election. As poised as the Republicans appear, however, reality can change anytime. A lack of moderation, including expressions of admiration for Pinochet, can lead to their defeat when the new draft is put to a referendum in December.
  • The defeat of the leftist coalition is a major setback for President Boric. His coalition, in power for over a year, had hoped to use the previous draft Constitution to enact several progressive reforms. Now they are stuck in a process that does not belong to them anymore. Even if the new draft is more conservative than middle Chile wants and is rejected December – near the halfway mark of term – Boric will have difficulty regaining the momentum to get his presidency off the launchpad.

* Jaime Baeza Freer is a Research Fellow at the Center for Latin American and Latino Studies at American University and Assistant Professor of Political Science at the University of Chile.

Chile: Dim Prospects for New Constitutional Assembly Soon

By Carlos Cruz Infante and Miguel Zlosilo*

The Constitutional Convention, shown here during a moment of silence at its inauguration, started amid optimism that a new Constitution would help heal the country’s deep splits / Wikimedia Commons / Creative Commons License

Chile does not appear likely to restart efforts to write a new Constitution soon. The failure of the first draft – rejected by 62 percent of Chilean voters – has significantly weakened political leaders’ ability and resolve to try a second draft. Pollsters predicted that Rechazo (rejection) would win on September 4, and the result would fit within the left-right pendular swings of Chilean votes, but the devastating 16‑point advantage surprised all major observers.

Popular support for Constitutional reform has dissipated, even though many of the underlying issues that sparked the upheavals in 2019 and drove 78 percent of Chileans to vote for the Constituyente process remain formidable. Popular frustration with the political class and unhappiness with the first draft has bred apathy and probably disgust. 

  • The warning signs were clear before the referendum on September 4 rejected the draft. Its architects squandered their opportunity to craft a magna carta that transcended political agendas and instead they loaded the draft up with agenda items that would have best been resolved through normal political processes. Constituyente leaders’ efforts to expand people’s rights without a broader national debate turned out to be counterproductive – alienating even some crucial center-left players – and the lack of fiscal responsibility for some proposals gave right-leaning forces an issue with which to rally opposition. On top of that, investors feared that several regulatory changes would impact economic growth and unemployment.

Since the rejection, the nation’s political leaders have remained too wrapped up in their political agendas to develop a vision that could unify them and win popular support.

  • The center-left argues that a second (and successful attempt) is necessary to institutionalize Chile’s legacy since the end of the dictatorship in the 1990. Its narrative, however, is plagued with unrealistic expectations for them to provide leadership because they missed important opportunities to do so in the early 2000s.
  • President Gabriel Boric’s Frente Amplio and the left-leaning factions aligned with his government have so far failed to develop a political project. They admitted that a new Constitution is essential to their planned policies but did not inspire support. Boric has reached out to the center-left and, after the referendum failure, made a leader of the Partido por la Democracia (PPD), Carolina Tohá Morales, Minister of the Interior. But polls, including Plaza Pública by Cadem and Activa Research, indicate that Boric’s approval rating is steadily diminishing, and his disapproval is rising. Critics say that he has been overly focused on Chile’s international image, not the political crisis caused by the Constituyente’s failure, but his recent moves on pension reform may help on that.
  • The center-right, which led the Rechazo efforts against the draft, has not yet shown a compelling need for a new Constitution and simply does not see the citizens’ urgency to push for one. Indeed, center-right leaders are enjoying the failures of the left and center-left during and since the Constituyente. The hard right has never wanted to abandon the Pinochet-era Constitution that was to be replaced.

A centrist coalition comprising some elements of the center-left and center-right has expressed conditional interest in getting a second try off the ground, but fear of “convention disaster 2.0” has stymied any progress. The centrists have separately indicated that they would support another convention if the two hard factions (left and right) accepted conditions that, they say, would pave the way forward. Regarding the substance of a new assembly, they want it built on social issues that already enjoy support – not a long wish list of one political sector or other. They also want constitutional and policy experts to be incorporated into the process as referees and observers empowered to rein in ideologues and partisans on both sides.  Neither the left nor right has so far accepted the conditions.

No clear way to get the constitutional redraft back on track has emerged yet, but the problems that led to popular demands for one have not gone away and could put a fire under the political class. The Amarillos por Chile, a broad-based group of moderates with experience and expertise (at first non-partisan but now its own party), have offered ideas for breaking the impasse – even though, like the political centrists, they so far have not figured out how to hold a successful second convention will help. Moreover, they do not have any elected congress member for political influence. They are former politicians and current business leaders who first emerged during the Constituyente, calling for moderation and rejection of sweeping changes that they called “refoundational.” Their backgrounds and relative lack of political agendas may give them the steady hand Chile needs to launch a second try. Until popular demands for change force the political parties to get serious, however, the Amarillos and other supporters of a new, better modulated Constituyente are in a waiting game.

*Carlos Cruz Infante is a sociologist and has served in several senior strategic planning positions in the Chilean government. Miguel Zlosilo is a sociologist and former chief of research of the Secretary of Communications in the second Sebastián Piñera government (2018-21).

Latin America: Violence Against Young Women Worsened During COVID-19

By Carina Cione*

Young women gathering together in Cali, Colombia / Universidad del Valle / Creative Commons license

A research and practice-oriented initiative coordinated by la Facultad Latinoamericana de Ciencias Sociales (FLACSO) of Costa Rica has confirmed that the harmful impact of systemic violence and marginalization on the lives of vulnerable women in Latin American cities has worsened during the COVID-19 pandemic. The Vidas Sitiadas (Besieged Lives) project corroborated widespread anecdotes about the depth of the vulnerability of young women and mothers to gender-based violence, intimidation, and discrimination – in both public and private spaces – in the region. Women are targeted by gangs in their communities, and by masculine family members or partners behind closed doors in their homes. Often merely because of the neighborhoods in which they live, they suffer from systemic exclusion – shunned by society and excluded from much of their countries’ economic, social, and political lives.

  • The Vidas Sitiadas project found that the COVID-19 pandemic has exacerbated these problems. State-imposed quarantine measures confined families to close living quarters, and the burdens on mothers and sisters to keep the home running and to care for the ill multiplied. Loss of family income brought stress and conflict more deeply into homes, worsening already-unstable family dynamics.
  • The pandemic also reduced women’s economic independence. In 2020 and 2021, opportunities to earn money on the formal and informal market evaporated. Neighborhoods are less safe, and traveling through gang-controlled areas in Latin America poses increasing dangers for young women. Of 21 young mothers interviewed by FLACSO-Argentina, only 10 had remained employed during the first years of the pandemic. Most had low incomes and were unable to work remotely, which led them to financially depend upon others to make ends meet. That dependence on male family members, partners, and exes led to greater manipulation and exploitation than before 2020.

Through hundreds of interviews and survey responses, project researchers documented that violence, more than any other underlying factor, is what causes the sensation of living a vida sitiada – a life under siege. Across all five country reports, the majority of young women reported being witnesses or victims of abuse in the home as children, which they said had a “very radical impact” on their daily lives. Many were cared for by mothers or grandmothers who were abused and then, in turn, engaged in physical or psychological abuse of them. A large portion of participants’ fathers were absent. Sexual abuse was common, and some women had even witnessed gang-related homicides of family members.

  • Robbery and sexual violence, including harassment, aggressive touching, and rape, in public spaces are frequent phenomena for women. These crimes often force them to avoid certain parts of their own neighborhoods, to forgo essential travel outside the home, and to severely curtail social contact, thus hindering their ability to develop support networks. The Vidas Sitiadas studies reveal even tougher circumstances during COVID-19. In a survey by Universidad del Valle, half of low-income young women said that their communities in Cali, Colombia, have become more violent since 2020. They avoid spending time outside of their homes, especially in the early morning hours, but 15-20 percent still feel “very unsafe” on the street in the afternoons and early evenings. This limits their ability to cultivate personal connections and impedes their financial independence.
  • Traveling to work is also a risk. Espacio Público, a think tank, and Arbusta, an information technology company in Santiago, Chile, found that 30 percent of young women who commuted in the first years of the pandemic had experienced intimidation or abuse on their way to work. A third of these women face travel times of 60-90 minutes each way – a long time, especially in a vehicle in which passengers do not feel safe. Women who cannot reach their jobs safely either decide to quit or learn a trade they can master in the safety of their homes.

In addition to death, disease, and economic challenges, the COVID-19 pandemic has slowed and even reversed progress some Latin American societies had been making, if haltingly, toward updating gender roles and reducing stigmas pertaining to women’s place in society. In some sectors, it has contributed to the re-normalization of violence in the daily lives of women and girls by making many neighborhoods less safe and putting extraordinary stress on families. Women’s exclusion has deepened as COVID-19 has erased their access to jobs and the stigma of being from dangerous neighborhoods further reduces their prospects.

  • The Vidas Sitiadas project, coordinated by La Facultad Latinoamericana de Ciencias Sociales (FLACSO) in Costa Rica with funding from the International Development Research Centre (IDRC) of Canada, examines several efforts launched in recent years to begin addressing the underlying systemic causes of the challenges facing young women in these societies. They focus on giving them a chance to get a job, to learn work and personal skills, and to build the personal confidence to improve their lot. Advocates face the usual obstacles to calls for resources to address the big problems, including systemic economic inequity, the epidemic of social violence, and the residual culture of gender discrimination. But the Vidas Sitiadas initiatives have demonstrated that at least modest steps can be made to help women overcome the violent and manipulative environments in which they live.

August 4, 2022

*Carina Cione is Program Coordinator at the Center for Latin American & Latino Studies. For additional information about the project undertaken by FLACSO-Costa Rica and its partners, please consult the Vidas Sitiadas website.

Chile: Constitutional Process Has Settled Little

By Carlos Cruz Infante and Miguel Zlosilo*

Demonstrators in Santiago, Chile call for a new constitution / www.jpereira.net / Creative Commons license

The Chilean Constitutional Convention handed its proposed draft to President Gabriel Boric on July 4 – in preparation for the “exit” referendum on September 4 that will approve or reject country’s new magna carta – but it hasn’t achieved the national unity, social cohesion, or popular support envisioned when 78 percent of Chileans voted for the convention in 2020.

Historical center-left leaders are publicly supporting the nay option, and opinion polls show support is declining.

  • Former President Eduardo Frei Ruiz-Talge (1994-2000), a Christian Democrat who played a key role after the Pinochet dictatorship, has urged rejection because he sees “insurmountable disagreements with contents [of the draft] that compromise peace, democracy and the prosperity of our country.” He said the proposed reduction in presidential power and creation of an omnipotent new Senate could lead to dangerous populism. Former President Ricardo Lagos (2000-06) has not rejected the draft, but he has pulled back from his expected endorsement of it – a blow to the Boric government strategy for approval.
  • Leading opponents of the Pinochet-era Constitution, including former senior government officials, have criticized the proposed replacement, writing that “the electoral system is distorted with reserved seats, which reminds us of the institutional [appointed] senators of Pinochet’s Constitution.” Like Frei, they believe that the proposed system would incite conflict rather than cooperation.
  • The eight most reliable polls in the country show likely yay votes for the draft are dropping – from around 50 percent in February to about 35 percent this month. Nay votes rose from a third to roughly 50 percent in the same period. Activa Research has found that 62 percent reject the draft, while 38 percent approve of it. The 30 percent who were “undecided” last month has dropped to 20 percent, with most now rejecting the draft.

Five major factors – not all of which are the Constitutional Convention’s fault – appear to be driving this shift.

  • The Convention majority rejected pleas for greater fiscal responsibility as it wrote in a series of expensive new entitlements and nationalizations. Sponsors’ reactions to the criticism also alienated voters by saying “you stand with us, or you stand with Pinochet’s dictatorship.”
  • Favoritism and strident ideological positions undermined consensus. Most of almost 80 percent of Chileans who voted for the constitutional process in 2020 believed the new Constitution would be, for good, a “casa de todos” in terms of the social contract. The tense and confrontational debate during the process and its outcomes establishing group rights rather than universal policies let them down. 
  • Economic uncertainty since the social upheaval of 2019 – aggravated by the COVID‑19 pandemic and war in Ukraine – has undermined popular support as well. Inflation has risen steadily, and the Chilean peso has plunged to a historical low.
  • People feel insecure. The government’s performance in managing crime, drug trafficking, and the armed conflict in the south of the country against Mapuche extremist factions has not been satisfactory. Boric’s emphasis on a negotiated settlement has failed and may have worsened the problem.
  • Approval for Boric, sworn in less than five months ago amid great expectations, dropped to 34 percent this month, the lowest of his mandate. Poor communications have pushed the First Lady (who serves as head of Sociocultural Coordination) and Minister of Interior Izkia Sichesto to have the lowest approval ratings of the cabinet. Although Boric has repeatedly denied that his administration backs the yay option, his General Secretary of the Presidency affirmed earlier this year that Boric’s program requires the new Constitution to be approved.

No matter how the plebiscite on September 4 turns out, the Constitutional process now appears far from ending – and threats to political stability seem likely. If Chileans approve the draft, both sides will seek significant changes. If they reject it, changing the 1980 Constitution will still be essential to avoid tumult in the streets like rocked the country in 2019. Boric recently suggested starting a new Constitutional process from scratch, fueling further uncertainty.

  • While frustrations appear likely to grow and the chance of instability is not negligible, the Constitutional Convention process has shown that – so far – Chilean institutions have been able to maintain Rule of Law. Compared to Venezuela (1999), Bolivia (2006), and Ecuador (2007-08), Chile has followed an open and relatively stable track. But if the plebiscite does not deliver a clear, workable verdict in September, the country will again be at a crossroads – either build on what it’s accomplished since 2019 or try to start anew.

July 27, 2022

*Carlos Cruz Infante is a sociologist and has served in several senior strategic planning positions in the Chilean government. Miguel Zlosilo is a sociologist and former chief of research of the Secretary of Communications in the second Sebastián Piñera government (2018-21). This updates their recent AULABLOG articles (here and here) on the topic.

Latin America: Lessons Learned from Abortion Rights Struggle

by Brenda Werth and Katherine Zien*

A protestor tying green scarves to a fence at a pro-abortion demonstration in Argentina / Fotomovimiento / Flickr / Creative Commons license

With the U.S. Supreme Court apparently poised to strike down Roe v. Wade, U.S. supporters of women’s reproductive rights could learn from the strategies of their Latin American counterparts, who have made important advances even if they still feel they must struggle for implementation. The decision will put the United States out of step with global progress being made in sexual and reproductive rights, according to the Secretary General of Amnesty International. In the last 25 years, around 50 countries have increased legal access to abortion. Latin America, a traditionally Catholic region, has been at the forefront of decriminalizing and legalizing abortion rights.

  • In 2012, Uruguay legalized abortion of fetuses up to 12 weeks. In January 2020, Argentina became the largest Latin American nation to legalize abortion, allowing pregnancies to be terminated up to 14 weeks. Mexico followed suit and decriminalized abortion in September 2021, and in February 2022, Colombia decriminalized abortion up to 24 weeks. Chile, if its new Constitution is approved, will be the first country in the world to make abortion a constitutional right. While abortion rights are more limited in 10 countries in Latin America and the Caribbean, these represent major strides forward.

The progress in Latin America comes on the heels of a revolution in gender and sexuality rights across the region catalyzed by feminist mobilization against gender violence and femicide in movements and street protests such as NiUnaMenos (Argentina), Un Violador en tu camino (Chile), and NiUnaMás (México). Abortion rights – framed as crucial to protecting reproductive health – were integrated into a preexisting human rights framework. Feminist groups have argued that the prohibition of access to legal and safe abortion is an act of gender violence.

  • The path toward legalization is clearest in Argentina, where a human rights culture created initially by groups like Madres de Plaza de Mayo during the last dictatorship (1976-83) led to feminist movements such as NiUnaMenos and the Marea verde (Green Tide), symbolized by the green handkerchiefs donned by supporters of the Campaign for Legal, Safe and Free Abortion. The Campaign also used inclusive language to expand the definition of those entitled to abortion rights to include anyone capable of gestation, including gender non-conforming individuals. The struggle has also been intergenerational (Barbara Sutton, “Intergenerational Encounters”). Sometimes referred to as the “revolución de las hijas” or “las pibitas,” a young generation including high schoolers took to the streets and transformed public spaces and social perceptions of abortion rights in Argentina.
  • Abortion rights in Argentina thus intersected with progressive legislation on gender and sexuality rights. In 2020, President Alberto Fernández, who described abortion as “a matter of public health” during his campaign, introduced the bill in Congress legalizing abortion. His predecessor, conservative President Mauricio Macri (2015‑2019), had allowed the bill to be debated in Congress, and before him, left-wing President Cristina Fernández de Kirchner (2007‑2015) supported progressive legislation on sexual and gender rights even though she refused to support abortion reform because of personal views.

The “doble militancia” (Debora Lopreite, “The Long Road”) – the popular mobilizations and political coalition-building pushing for reproductive rights as issues of human rights, public health, and social justice – contributed to Argentina’s landmark law. Activists continue to be vigilant, however, as abortion access has been hindered by opponents and the high percentage of doctors, particularly in the northwest provinces, who declare themselves “conscientious objectors.”

  • Argentina’s path has been very different from that of the United States. The right to abortion in the United States was nested within the umbrella of privacy rights and became a federal policy via the judiciary rather than the legislature. U.S. activists have not strategically framed it as a human right firmly in the context of public health and social justice. To achieve lasting change, they could shift discourse away from abortion as a single issue, an anti-religious position, or an abstract philosophical debate, and situate it firmly in the context of public health and social justice. Grassroots social mobilization across generations, strategic coalition-building, and transversal relationships between activists and policymakers don’t guarantee irreversible change, but they are more reliable drivers of change than the shifting political winds affecting Supreme Court justices.

June 9, 2022

* Brenda Werth is an Associate Professor of Latin American Studies and Spanish at American University. Katherine Zien is an Associate Professor of Drama and Theater at McGill University

South America: Future Global Green Hydrogen Hub?

by Thomas Andrew O’Keefe*

An oil rig off the coast of Brazil / Redacción EFEverde / Creative Commons license

A handful of South American countries have long produced hydrogen using fossil fuels for their domestic hydrocarbon, steel, and petrochemical industries, but early efforts by Brazil, Chile and Uruguay to shift to renewable and carbon-free energy sources, along with the emergence of new lower-cost technologies, could position the continent as a leading global green hydrogen supplier.

  • Hydrogen is the most abundant element in the universe and can be produced from water utilizing the electrolysis process whereby a direct current is applied to separate hydrogen and oxygen molecules. The hydrogen gas that is produced can be either burned – for heat or to generate electricity – or stored in fuel cells that produce electricity to power transportation.
  • South America has been producing hydrogen for several decades. Many countries on the continent are already important hydrogen producers for the steel and petrochemical industries, including the manufacture of fertilizers, as well as for refining heavy-crude petroleum products. The electricity to facilitate electrolysis in South America currently relies exclusively on fossil fuels. This explains why hydrogen production is today a major source of greenhouse emissions in some South American countries.
  • Countries with substantial hydrocarbon reserves such as Argentina, Bolivia, Brazil, Colombia, and Peru also have the potential to utilize natural gas to produce so-called “blue” hydrogen, which incorporates carbon-capture and storage technology. The technologies to ensure the elimination of all greenhouse house emissions associated with the extraction, transport, and use of natural gas have yet to be developed.

Three South American countries have a jump on producing “green” hydrogen, made exclusively with renewable and carbon-free energy resources such as geothermal, hydro, solar, wind, and even nuclear power for electrolysis.

  • In 2020 the outgoing administration of Sebastián Piñera of Chile launched an ambitious plan to convert the country into a major global exporter of green hydrogen by 2030. An Australian company at the end of 2021 announced plans to invest $8.2 billion to build a major export-oriented green hydrogen complex in the southern Argentine province of Rio Negro. A pilot project in Argentina has been producing small amounts of electrolytic hydrogen from wind power since 2008.
  • Chile and Uruguay are best positioned to attract green hydrogen investment projects, given their long-term national energy plans forged through extensive stakeholder consensus-building efforts as well as stable economic policies and predictable regulatory frameworks. These factors contributed to putting both countries at the forefront of the continent’s transition to a greener energy matrix. The Santiago metro system, for example, is now powered exclusively by renewable energy, while Uruguay is often ranked behind Denmark as a global leader in terms of wind-generated electricity.

Converting South America into a major global green hydrogen exporter will require new and less costly technologies to produce, transport, and consume it. Ideally, South American governments should encourage regional research and development of new technologies to reduce the current high costs to produce green hydrogen, perhaps with funding from the Development Bank of Latin America (CAF), which is now based in Montevideo, or the Fund for the Structural Convergence of the MERCOSUR (FOCIM). Regional economic integration schemes such as the Andean Community and MERCOSUR can also facilitate the creation of new supply chains for manufacturing competitively priced inputs such as fuel cells and electrolysers to produce hydrogen from water. Another missing piece is a low-cost way to overcome hydrogen’s comparatively low energy density. At present you need about three times more space to store hydrogen to make the equivalent level of energy sourced from natural gas. Retrofitting existing pipeline networks and devising innovative ways to more cheaply transport hydrogen over long distances, is also necessary.

  • South American countries would be wise to decarbonize domestic transport and industry through wide-spread use of green hydrogen before making the leap to global exports. Serving global markets sustainably will also require the deployment of low-carbon transport options to replace the current fleet of long-distance ships that rely on highly polluting diesel. Utilizing liquid hydrogen or ammonia and even methanol produced with green hydrogen to power ocean-going vessels may provide the solution.

June 3, 2022

* Thomas Andrew O’Keefe is President of Mercosur Consulting Group, Ltd. and a lecturer with the International Relations Program at Stanford University.

Chile: Whither the Constitutional Process?

By Miguel Zlosilo and Carlos Cruz Infante*

Chile’s Constitutional Convention | Photo: Twitter/@ChileTodayNews

Chile’s Constitutional Convention appears headed toward a messy run to the goal line and, even if – as appears likely to be the default outcome – it is approved in the “exit” referendum, could produce a charter that fails to unify the country.

  • Born of a compromise to decompress tensions generated by social upheaval in October 2019, the proposal to rewrite the country’s Pinochet-era Constitution was ratified by 78 percent of Chileans in a referendum in 2020. In May 2021 the citizenry elected the Convention members charged with writing the new Carta Magna, favoring left-wing, independent, and reformist candidates. The center-right got only 24 percent of seats. Consequently, the Convention’s first general committee – elected by the representatives – had a clear desde cero (“from scratch”) character.
  • The results of Congressional elections last November, however, influenced convention members and some traditional center-left figures, such as socialist former President Ricardo Lagos Escobar, to address the centrist voter. In those elections, unlike in the May election for the Convention, the Senate went 50/50 for the left and right – demonstrating that the desde cero character of the Convention was no longer politically viable. Convention members then turned to more moderate and diligent persons to lead the general committee in recognition that regaining public support was crucial to keep the Convention going.

When the Convention started the voting sessions on provisions for the new Constitution in January, however, what appeared to be an adequate rudder change to the center ended when members initiated debate on the first proposals of the new Bill of Rights. Some proposed dissolving the current branches of Chile’s government – the Executive, the Legislative, and the Judicial – and replacing them with a Plurinational Assembly, resembling the Bolivian, Ecuadorian, and Venezuelan constitutional processes. The former Vice President of the Convention, Jaime Bassa, and President-elect Gabriel Boric discarded the idea. They both framed it as a non-democratic way to reach social consensus. As a result, the motion was defeated. 

  • Despite that moment of moderation, polarization has deepened. The most controversial recent proposal would establish a parallel legal standard to judges to treat Indigenous Peoples separately from the other civilians. Another would create a new federal-like regional state structure that its proponents say ’would end the Chilean Republic as unitary, dividing the country into smaller or even local-autonomous units.
  • These proposals have further split Convention members.  Some right-wing members now question their continuity in the constitutional process and are considering a campaign for the nay in the exit plebiscite on the document, scheduled for the third quarter of this year. Moderates, including former leftists, who rejected the regional states motion have been criticized by their former allies as too soft and as continuistas of the existing Chilean model. 

The Convention’s dysfunction is taking its toll on its image and, ultimately, its potential effectiveness as critics have proliferated. Last month public support for the body had fallen to 50 percent, and citizens intending to approve the Carta Magna dropped from 56 to 47 percent. Accordingly, influential members of Chilean society – including politicians, intellectuals, and scientists – have gathered to call for moderation and understanding.  Moreover, some emblematic personalities of the left have even campaigned to reject the constitutional proposal in the plebiscite later this year – a position that was unthinkable at the beginning of the process.

  • Approval of any article of the new Constitution requires a two-thirds vote, so moderation and negotiation by both sides are key if the Convention is to complete its process. The conservatives will need to cede their defense of the status quo, meaning the current Constitution, and refrain from taking extreme positions such as threatening to leave the process. Conversely, the leftists should lessen their reforming desde-cero character. Time is running out, as they must not only finish the constitutional draft but convince voters to approve it.
  • The process is likely to take more twists and turns, but ratification of the new Constitution still appears more likely than failure because of a broad-based desire to end the chaos the country has been experiencing. Even so, the support for and legitimacy of the new Bill of Rights will be weak, and politicians could very well propose to discuss it again as a relief valve, diverting attention rather than finding solutions. On the other hand, moderation could prevail, for at least a while, because the right and the center agree on the new Constitution’s proposed provisions on better healthcare, public education, and pension system. The exit plebiscite will take place under compulsory voting, so around half of the population will be unable to dodge the likely difficult decisions ahead.

March,07,2022

*Miguel Zlosilo is a sociologist and former chief of research of the Secretary of Communications in the second Sebastián Piñera government (2018-21). Carlos Cruz Infante is a sociologist and has served in several senior strategic planning positions in the Chilean government.

Chile: Astronomy Investments Help but Face Some Criticism

By Noah Rosen*

La Silla Observatory in Chile’s Atacama Desert/ European Southern Observatory/ Flickr/ Creative Commons License

Exceptional atmospheric conditions in northern Chile, an image of political stability, favorable tax policies, and diplomatic credentials for researchers have made the country a leader in international astronomy, but some Chileans want to see more benefits from the cooperation. 

  • Experts estimate that, by the end of this decade, over 70 percent of the world’s astronomical viewing capacity will be concentrated in Chile. The United States – including the National Science Foundation (NSF), universities, and private foundations – and Europe and other global players have invested billions of dollars in observatories, creating significant opportunities for Chilean astronomy as well as its high-tech engineering and computing sectors. 
  • Chilean researchers are guaranteed 10 percent of the observation time on all international telescopes established in Chile, a policy Chilean scientists won in the 1990s. According to Wolfgang Gieren, astronomy professor at Chile’s Universidad de Concepción, “the 10 percent has been the most important factor to boost development of astronomy in Chile.” International observatory projects often include significant funding and scholarship activities, including a multi-million-dollar contribution from the NSF to CONICYT, the Chilean science agency, and an annual scientific scholarship managed by the Agencia Nacional de Investigación y Desarrollo de Chile (ANID). 

The diverse range of support has helped Chile rapidly expand its astronomy capabilities. 

  • Four universities have opened new astronomy departments, bringing the total to eight, and PhD students have increased from five in the early 1990s to 40 by 2005. Joint work and technical exchanges have increased also. The Millimeter Wave Laboratory of the Universidad de Chile works with CalTech to develop advanced millimeter-wave receivers and other high-tech equipment. The Astro-Engineering Center at the Pontificia Universidad Católica works with the multinational Gemini Observatory to develop adaptive optics and vibration mitigation instruments, in partnership with Harvard and other U.S. universities. 
  • Chile’s domestic high-tech engineering and computing sectors are benefiting as well. The government estimates that 15 Chilean companies have provided advanced engineering and technology services to the observatories. A local firm, AXYS Technologies, installed fiber optics at an Atacama-area observatory that, experts say, was groundbreaking in understanding how fiber optics operate at high altitude (5,000 meters). A Dutch-Chilean engineering company conducted geological studies and construction consulting for the Rubin Observatory and for another observatory in Cerro Tolar. 
  • The huge data processing and storage capacities required by the observatories is positioning Chile as a big data player. Microsoft, Google, and Amazon are developing astro-data projects in Chile. The U.S. NSF is funding a data science summer school at Universidad de La Serena to build connections with the future generation of Chilean data scientists. 

Despite these advantages, Chilean scientists and civil society actors continue to question the relative balance of benefits they get for the globally unique natural attributes in their northern deserts, which make cutting-edge astronomy research possible. 

  • Chilean scientists are demanding more guaranteed observation time, in line with what hosts in Hawaii (15 percent) and Spain (20 percent) receive. They argue that current arrangements still make them too dependent on technologies and expertise from the Global North, which largely controls the research agenda. The Chilean government estimates that only 10-20 percent of the international dollars invested in the observatories enter the Chilean economy, the vast majority of which are channeled to goods and services – construction of roads, buildings, electricity, water and gas supply, hospitality, etc. – rather than building Chile’s scientific capabilities. Chilean scientists and engineers argue for new policies that more systematically involve Chileans in telescope construction and maintenance. 
  • Broader questions of justice also persist: in some places, the observatories consume significant amounts of water and electricity while nearby villages go without regular access. Labor strikes at the Atacama observatory some years back raised questions of fair working conditions, especially given that the favorable diplomatic status accorded to observatories limits oversight. 

Noah Rosen is a PhD candidate in the School of International Service, specializing in grassroots peace movements in Colombia. This article is adapted from CLALS research on U.S. engagement in Chile and Uruguay, supported by the Institute for War & Peace Reporting with funding from the U.S. Department of State. 

U.S.-Southern Cone: Looking at Relations Through a Different Optic

By Noah Rosen*

Top: Display of bottles of Chilean wine/ David Almeida/ Flickr/ Creative Commons License
Bottom: Notebooks from the Plan Ceibal/ Jorge Gobbi/ Flickr/ Creative Commons License

While headlines track the highs and the lows in the United States’ relations with Latin America, a closer look at the broad range of interaction shows that, at least in some sectors in some countries, long-term economic relationships and knowledge exchanges have encouraged mutual benefits that rarely get mentioned in public discourse.

Chile’s wine industry, for example, is a powerhouse that has benefited from U.S. investment, open markets, and research and development work. Chilean wine underwent a sea change beginning in the late 1980s and early 1990s, as liberalization and democratization in the country opened opportunities for massive upgrades in quality and opportunities for export to new markets. Global recognition of the quality of Chilean wine grew throughout the 2000s and 2010s, and today bottled wine is Chile’s third most valuable export after copper and salmon. Exports to the United States in 2019 totaled $238 million, reflecting the vital importance of wine to Chile’s economy.

  • Though Chilean exporters were eventually able to diversify their export markets to include Europe and Asia, the exploding U.S. market in the 1990s and 2000s was key to the industry’s upgrading and expansion. Wines of Chile, a public-private partnership that markets Chilean wines, maintains a permanent U.S. office, runs events throughout the country, and organizes visits by U.S. sommeliers to provide feedback to Chilean producers. Knowledge exchange and technology transfer between experts in California, including the University of California at Davis, and Chilean counterparts has helped Chile’s wine industry stay on the cutting edge of production technologies, spurring advances in genetic identification and sequencing of key Chilean varietals.
  • U.S. foreign direct investment and joint ventures have also promoted innovation, technological advances, and access to international markets. For example, an early partnership allowed Concha y Toro to gain a foothold in the U.S. market and opened the door for other Chilean exporters. California winemakers Robert Mondavi, Kendall Jackson, and Canandaigua have established operations in Chile, bringing with them advanced trellis systems, drip irrigation, and other technology that have led to a marked increase in quality across the sector.

The remarkable success of Uruguay’s technology sector has also been aided by U.S. markets and tech exchanges. Visionary domestic programs such as “Plan Ceibal” in 2007, which promoted nationwide digital literacy and provided a laptop to every public-school student in the country, and investments in some of the fastest internet in the Americas, have helped Uruguay become the largest software exporter per capita in the region and third largest per-capita exporter in the world. However, the importance of the U.S. model and the depth of relationships between the U.S. and Uruguayan sectors have earned it the nickname “Silicon Valley of South America.”

  • The United States accounts for 65 percent of Uruguay’s tech revenue (as of 2019) – the result in part of the marketing and relationship-building by Uruguay XXI, the country’s investment, export, and country brand promotion agency. The agency annually sets up a country pavilion at TechCrunch Disrupt, one of Silicon Valley’s most important tech conferences. U.S. ventures in Uruguay have also played an important role in building the local tech market and providing capital and opportunities for local software developers. Major U.S. software and IT companies, including IBM, Microsoft, Cognizant, New Context, NetSuite, and VeriFone, have established bases in Uruguay and hire Uruguayan developers. In 2017, the Agencia Nacional de Innovación e Investigación (ANII) arranged for the highly recognized U.S. tech incubator 500 Startups to run a six-week accelerator program to build skills for 20 Uruguayan startups focusing on growth, product design, fundraising, and building connections.
  • The opening in 2019 of a Uruguayan Consulate in San Francisco reflects the importance of the relationship with Silicon Valley. The incoming Consul emphasized his mission as “opening doors for Uruguayan businesspeople” and pledged to facilitate connections and provide “softlanding support.” The office will also facilitate two-way knowledge and skills exchanges between Californian and Uruguayan universities and institutions. Last month, Amazon announced that Uruguayan vendors would be eligible to sell products on their platform, thanks to the efforts of the Uruguayan Embassy in the U.S.

These positive relationships — facilitated by governments but driven by private-sector partners — don’t erase all adverse twists and turns in U.S. relations with the region. But relatively quiet successes like U.S. cooperation with Chile’s wine industry and Uruguay’s technology sector provide important ballast. They are lucrative for both sides and provide valued jobs: wine in Chile employs over 100,000 people in direct work and represents 0.5 percent of GDP; the tech sector in Uruguay employs 17,000 people, representing 2 percent of the country’s GDP.

June 25, 2021

* Noah Rosen is a PhD candidate in the School of International Service, specializing in grassroots peace movements in Colombia. This article is adapted from CLALS research on the impacts of U.S. engagement in Chile and Uruguay, supported by the Institute for War & Peace Reporting with funding from the U.S. Department of State

Chile: Will the Constitutional Assembly Move Democracy Forward?

By Patricio Navia*

Polling place in Chile/ Atina Chile Elecciones 2005/ Flickr/ Creative Commons License

Chileans go to the polls this weekend to elect members of a constitutional assembly – empowered to write a new Constitution by a plebiscite last October – but unrealistic popular expectations in a highly political year appear likely to complicate its work and could result in a flawed document.

  • Almost 80 percent of the Chileans who voted last October (i.e., 80 percent of half of the country’s eligible voters) supported a rewrite of the Pinochet-era Constitution, promulgated in 1980. Voters also chose to elect a new 155-member assembly for the task, rather than form one from among prominent political and social leaders. The assembly will have nine months to draft the document (with an option for one three-month extension), which will be voted on in mid-2022.
  • Chile’s busy election calendar is likely to complicate the assembly’s work. Saturday and Sunday’s voting will also choose governors, mayors, and city councilors, and there are elections in November for Congress and a new President – threatening to create tensions and a perfect political storm that undermine the quality of the new magna carta. Some parties have already held internal primaries for their presidential candidates, and coalition primaries are scheduled for July 18. If no candidate receives at least 50 percent plus one of the votes in the first round of voting on November 21, the two leading candidates will compete in a runoff on December 19.

The flaws of the constitutional process itself are clear. One is that the guaranteed gender-parity condition (50 percent representation for men and 50 percent for women) risks a situation in which higher vote-getters are not seated. The assembly’s mandate also includes guaranteed representation for the indigenous – a noble goal that nonetheless could lead to distracting recriminations in a convention that, per the plebiscite, will require approval by two-thirds of delegates for every element of the new Constitution. The objective is to achieve what Chilean authorities have called “a high degree of consensus” but could actually put agreement out of reach.

  • In addition, the assembly will begin deliberations in late June, when the Presidential and Legislative campaigns will be underway. The new government will take office in March 2022, but the new Constitution will not be ready until the second half of 2022 – and ratified by an exit plebiscite even later. The new government will have to wait for over six months after its inauguration for the new Constitution to be finalized before it can begin to govern, and, even worse, the offices of those elected might not exist.
  • Another major challenge is disunity and, in some cases, a lack of vision in the traditional political parties. Parties of the right, which finally got out from under the shadows of the Pinochet dictatorship and problematic market reforms, now appear ill-prepared to lead as Chile enters a transition period. Despite two terms in office (2010‑14 and 2018‑22), President Piñera has not constructed a new model for the right in Chile and now, having lost much momentum, is unable to lead rightist parties sorely lacking leadership.
  • Polls indicate, however, that Chileans do not embrace the more state-oriented options espoused by the left. Citizens want robust social rights and a reliable social safety net – which the assembly will find easy to give them without having to identify funding sources – but studies show they strongly prefer a society based on competitive markets with the protections they get as consumers, preventing abuses and guaranteeing individual rights. The right has been unable to capitalize on these views and, ironically, has never been in such a position of weakness as it is now. When Chileans realize that the many promises of the Constitution cannot be materialized, they will feel cheated.

The plebiscite creating the constitutional assembly increasingly appears to have been an effort to exorcise the Pinochet government that wrote the 1980 Constitution – rather than a mandate for a new left-leaning model of governance. Neither will the new magna carta be a magic pill that will solve all of Chile’s problems, including inequality and deficient public health and private pension systems, as many voters undoubtedly wish. These unfulfillable expectations will weigh heavily on the assembly throughout this political year.

  • Failure of the assembly is not a foregone conclusion, of course. Even after we analyze the results of this weekend’s votes, we cannot rule out that the political parties and civil society might rise to the occasion of making the debate and drafting into a healing process. If President Piñera commits all his energy to leading his government and party until he steps down 10 months from now – a historic but difficult task for a lame duck with a checkered legacy – one challenge will be the balancing act between promoting his base’s agenda and reassuring others that their interests will be respected and included. For now, however, it’s hard not to conclude that Chileans underestimated the complexities that writing a new Constitution would entail, especially producing one that meets the high expectations of a people hungry for solutions.

May 14, 2021

* Patricio Navia is a sociologist and political scientist at New York University and professor of political science at Universidad Diego Portales in Santiago.