Voters have rejected a proposed conservative constitution to replace Chile’s dictatorship-era charter, showing the deep division in the South American country and the inability of political sectors to address people’s demands for change made four years ago.
With nearly all votes counted late on Sunday, about 55.8% had voted against the new charter, with about 44.2% in favour.
The vote came more than a year after Chileans resoundingly rejected a proposed constitution written by a left-leaning convention and one that many characterised as one of the world’s most progressive charters.
The new document, largely written by conservative councillors, was more conservative than the one it sought to replace, because it would have deepened free-market principles, reduced state intervention and might have limited some women’s rights.
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.
Chilean President Gabriel Boric said on Sunday night that his government will not try again to change the constitution, saying there are other priorities.
He admitted he was not able to “channel the hopes of having a new constitution written for everyone”.
On the contrary, he said, after two referendums, “the country became polarised, it was divided”.
Javier Macaya, the leader of the conservative Independent Democratic Union party, recognised the defeat and urged the government not to raise the issue again.
“From a perspective of coherence and respect for democracy, we recognise the results,” Mr Macaya said.
Now, the constitution adopted during the dictatorship of General Augusto Pinochet — which was amended over the years — will remain in effect.
That is what former president Michelle Bachelet had hoped for when she voted early on Sunday.
“I prefer something bad to something worse,” said Ms Bachelet, who campaigned to reject the latest charter proposal.
One of the most controversial articles in the draft said “the law protects the life of the unborn”, with a slight change in wording from the current document that some warned could make abortion fully illegal.
Chilean law currently allows abortions for three reasons: rape, an unviable foetus and risk to the life of the mother.
Another article in the proposed document that sparked controversy said prisoners who suffer a terminal illness and are not deemed to be a danger to society at large can be granted house arrest.
Members of the left-wing opposition said the measure could end up benefiting those who have been convicted of crimes against humanity during Mr Pinochet’s 1973-1990 dictatorship.
The charter would have characterised Chile as a social and democratic state that “promotes the progressive development of social rights” through state and private institutions.
It was opposed by many local leaders who said it would scrap a tax on houses that are primary residences, a vital source of state revenue that is paid by the wealthiest.
It would also have established new law enforcement institutions and said irregular immigrants should be expelled “as soon as possible”.
Cesar 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.
“Boric wants everybody to be equal,” Mr Campos said of the president.
“Why should anyone who studies or works their entire life have to share that?”
In 2022, 62% of voters rejected the proposed constitution that would have characterised Chile as a plurinational state, established autonomous indigenous territories and prioritised the environment and gender parity.
In Santiago, the capital, talk before Sunday’s 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 Anriquez, who voted against the new constitution, saying “it is very extremist”.
“Let’s keep the one we have and, please, let’s get on with the work of providing public safety,” Ms Anriquez said.
There appeared to be little enthusiasm for Sunday’s vote. Most citizens are exhausted after 10 elections of various types in less than two-and-a-half years, but voting is compulsory in Chile.
Malen Riveros, 19, a law student at the University of Chile, said the fervour 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,” Ms Riveros said.
“People have already forgotten why we went into the streets.”
