Over the past year, Chile has been closely watched as elected officials drafted what would become the world’s first constitutional law to tackle the climate crisis. But change is hard. The proposal was categorically rejected by his 62% of Chilean voters on Sunday.
The proposed constitution took the environment into account in nearly every aspect of society and governance, from education to monetary policy. It called for nations to work together internationally to adapt and confront the climate crisis. It mentioned nature dozens of times, gave it the right to be protected, and created institutions to protect it. The proposal also establishes over 100 new constitutional rights, from abortion to housing.
Despite Sunday’s vote, Chile isn’t done yet. There is strong consensus across the political spectrum that the existing constitution must be reformed. I don’t know how yet, but the effort will continue.
Let’s take a look at Chile’s attempt to address climate change through its constitution and how it might work in the future.
Why it didn’t work this time
Pamela Figueroa, a professor at the University of Santiago in Chile who studies constitutions, says that constitutional reforms occur in democratic countries when “there have been very significant changes in society and institutions have become obsolete.”
Many democracies can amend their constitutions through amendments or referendums, but even that process is not trivial. Why did the Chileans completely rewrite their stuff?
The current constitution was enacted in 1980 by one of Latin America’s bloodiest dictatorships. Chilean society has certainly changed since then. That became dramatically clear from 2019, when Chileans staged massive protests.
Critics of the 1980 Constitution felt that it created appalling inequalities by giving too much power to the private sector. Among other things, companies manage many water resources, health services and pension funds. In 2020, the government held a referendum asking citizens whether they would like changes, and four out of five Chileans voted to replace the constitution.
After such a high-pitched vote for the change, some observers were surprised by the magnitude of the proposal’s defeat.it was made It is clear that this draft does not reflect public opinion. “Obviously too ambitious, too much change,” my colleague Jack Nikas told me from Santiago, where he covered the vote.
One reason the Chileans rejected the proposal may be the lack of dialogue across the political spectrum during the constitutional process. As the former left-wing president told Nikas, the proposal was “very partisan.”
In assembling a constitutional commission, known as the “Constituent Assembly” or Constituent Assembly, the Chileans elected a large number of outsiders with little or no political experience, such as scientists and journalists. With the left holding a majority of seats, views from conservatives had little need to approve any part of the proposed constitutional language.
In the end, many of the issues approved by Congress were controversial in the rest of society. It was one of the extremes.
how it will work in the future
After Sunday’s defeat, it was clear that parties and leaders from all walks of life would come together to figure out what to do next, Nikas told me. He added that it was unlikely that the proposal would have so many conservations.
Yet 91% of the population believe in climate change Environmental issues should be a priority for the government, but they could play an important role in what the Chileans ultimately approve.
When the Chilean people decided to amend their constitution, the climate was not, but certainly was, a primary concern. As my colleague Somini Sengupta wrote during her visit to Chile, there was a strong interest in transforming the country’s economic model based on mining and natural resources. Some thought it was too expensive for the environment and for the indigenous peoples left behind as a result.
Figueroa told me that agencies are in trouble if they don’t show a way out of the crisis. The 1980 Constitution was written without environmental considerations, making it difficult to quickly address complex issues. A new constitution could create a new framework to guide what policies should do.
Take lithium mining, for example. Despite being key to Chile’s economy, this water strains water resources in some of the country’s most vulnerable regions.
President Gabriel Borik is formulating new regulations to make these mining activities more sustainable. But if approved, the new constitution would have given his administration far greater powers to enact protections.
At a moment when the polarization is so pronounced in public debate around the world, many Chileans are proud that their country has chosen to tackle the problem by improving its institutions. The road is obviously complicated, but it may offer lessons for other countries.
“We have shown that through dialogue and democracy we can solve very complex crises,” Figueroa told me. “But that doesn’t mean the problem will be solved overnight.”
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from the comments section
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Before You Go: “Magic in Her Hands”
Tulsi Gowind Gowda has never learned to write, but her knowledge of the trees native to Karnataka, South India, is outstanding. She has devoted most of her life to reforestation in her own community. Over the years, her conservation work has earned her about a dozen awards and made her a local celebrity: “There was magic in her hands,” says one ex. the forester said. Her knowledge is “not in any book.”