In matters not provided for in this chapter, the provisions governingthe procedure for the formationofthe law shall be applicable totheprocessing ofconstitutional amendment bills, and thequorum indicated in this article must always be respected. Experts fear that the provisions of this constitution might make mining in the country costlier or more difficult. 160. He will exercise command through the ministry in charge of national defense. The law shall regulate the conditions to guarantee the exercise of this right,including access to information and adequate accompaniment. The foregoing shall also apply with respect toall the powers orpowers attributedtothe territorial entities. The provisions ofthe first and fourth paragraphs of the second transitory article of saidlegalbodyshall not apply to the rights of use constituted by an act of authority,recognized, acquired or granted to persons, associations and indigenous communities,in accordance with articles 2, 9 and 36 of Law No. The Constitutional Court shall have the following powers: This Constitution shall enter into force from the date of its publication in theOfficial Gazette within ten days of its promulgation. Everyone has the right to assemble and demonstrate peacefully in private and public places withoutpriorpermission. This administrative actmust be founded and must be registered in the Public Water Cadastrereferredto inarticle 112 of theWaterCode. Notwithstanding to the provisions of the preceding paragraphs, whoever exercises thePresidency of the Republic shall be authorized to fix the consolidated,coordinated and systematized text of the laws when it is convenient for its better execution. The powers of the autonomous region may be exercised concurrently and in coordination with other organs of the State. Chileans have voted comprehensively against a new, progressive constitution that had been drafted . Published by Teresa Romero , Sep 15, 2022 The approval rate of the new constitution of Chile did not exceed 38 percent in any of the surveys carried out since March 2022. Chilean President Sebastian Piera said, "This Constitutional Convention must, within a period of 9 months, extendable for an additional 3 months, draft and approve a new constitution for Chile, which must be ratified by the citizens through a plebiscite." [3] It ended its functions and declared itself dissolved on 4 July 2022. The State guarantees the right of peasants andindigenouspeoples andnations to the free use and exchange of traditional seeds. its agreement so that the President of the Republic may be absent from. The powers, organization,functioning and procedures of theOffice of theOmbudsman shall be determinedby statute. The law will regulate the use of digital tools in the implementationof the participation mechanisms established in this Constitution and thatare different from suffrage, seeking that their use promotes the highest possible participation in these processes, as well as the broadestinformation, transparency, security and 54 accessibility of the process for allpeople without distinction. It is the duty of the State to provide universal and quality public services,which will be adequately financed. The positions ofMemberof Parliament and regional representative are incompatible with each other, with other positions of representation and with any employment, function, commission or position of a public or private nature. [20][21], Boric announced a new process for drafting a new constitution, with Al Jazeera writing, "Most Chileans and their politicians have agreed the constitution that dates from the dictatorship must change." The State assures all persons horizontal equity in access to public goods and services, employment and all State benefits,notwithstanding to the place they live in the territory, establishing, if necessary, affirmative action in favor of the special protection groups . The law shall regulate the integration, competence and other aspects that are necessary for its proper functioning. The integration of the new collegiate bodies and autonomousbodiesmust comply with the parity rule from their installation. Initiatives on matters related to taxes or budgetary administration of the Statewill not be admissible. Chile's fire departments will be subject in all their actions to the principles of probity, transparency and accountability. The competent body, on the basis of objective criteria, will suggest to the legislator the resources that should be integrated into these funds. Our Standards: The Thomson Reuters Trust Principles. This has raised questions about strategy and priorities for glacier protection advocates. Persons shallbe exempt from criminal liability for the offence set forth in article 62 of Decree-Law No. States of constitutional emergency shall permit the President of the Republic to exercise powers and powers ordinarily reserved to the regional orcommunal level when the restoration of normality so requires. The law shall establish the corresponding responsibilities in case of violationofthis provision. Statutes must be approved, modified or repealed by a majority of the members present in the Congress of Deputies at the time of their vote. The legal provisions that establish taxes of affectation forthebenefit of the territorial entities will remain in force as long astheyare not modified or repealed. For these purposes, it shall be understood that they have exercised their office for a period when they have completed more than half of their mandate. Exercise the regulatory power in conjunction with whoeverdirects the regional government in matters within its competence and dictate the regulations of execution of law when it entrusts it. Everyone has the right to a dignified death. The law shall regulate its integration and operation. At the end of the period indicated or after the processing of such cases, the Constitutional Court shall cease to hold office and shall be dissolved as of right. SCOTT SIMON, HOST: People in Chile go to the polls tomorrow to approve a new constitution or not. Authorize the contracting of loans and other operations that maycompromise the credit and financial responsibility of the State, itsagencies and municipalities, notwithstanding to what is enshrined with respect toterritorial entities and the provisions of the following letter. Hear and resolve the claims in case the President of the Republic does not promulgate a statute when it must do so or promulgates a text different from the one that constitutionally corresponds. The entry, search or searchmay only be carried out with a prior court order, except in the cases of flagrant crime established by statute. If more than two candidates are put before the election and none of themobtains more than half of the votes validly cast,a second voteshall be heldamong the candidates who have obtained the twohighest majorities. Everyone has the right todigitaleducation, tothedevelopment ofknowledge, thought and technological language, as well as to enjoy its benefits. Chilean human rights lawyer Dinka Bentez states that "given that 80 percent of those who voted in the plebiscite want a new constitution, it seems that Chile will necessarily have to find a way to have a new constitution" in some form, and that a "reject" vote would not necessarily be a death knell for constitutional reform.[11]. It was written by an elected special assembly dominated by leftists and progressives while only about one-third of the 155 delegates were conservatives. This document is subject to copyright. In this case, citizenshipwillbe lost if the proximity ceases. The draft constitution established the dominion of the state over mines, minerals, and hydrocarbons as well as the duty to regulate exploitation in the public interest and with respect to environmental safeguards. Members of the Council shall ceasetohold office at the end of their term,on reaching seventy years of age, on removal, resignation, supervening physical or mental incapacity or conviction for an offence punishable by affliction. Everyone has the right to receive comprehensive sexuality education, which promotes the full and free enjoyment of sexuality; sex-affective responsibility; autonomy, self- care and consent; recognition of diverse gender and sexuality identities and expressions; eradicating gender stereotypes; and preventing gender-based and sexual violence. Agroup of eligible persons must sponsor the convocation with at least twenty-five percent signatures corresponding to twenty-five percent of theelectoralrollthat has been established for the last election. The industry leader for online information for tax, accounting and finance professionals. Cooperatives may be grouped into federations, confederations orother forms of organization. The following are the essential powers of regional governments: The law shall determine the public services, institutions or enterprises of theState which, by virtue of their supervisory purposes or for reasons of efficiencyandgeneralinterest, shall maintain a centralized or decentralized organization in the entire territory of the republic. It also guarantees itsexercise free of violence and interference by third parties, whetherindividuals or institutions. The same shall apply to the assets, rights and obligations of the Senate, which shall be transferred to the Chamber of the Regions. The final text was presented to President Gabriel Boric and the public on July 4, 2022. That judge may order that the individual be brought into its presence andits decree shall be obeyed precisely by all those in charge ofprisons or places of detention. No individual or sector of the people can claim responsibility for its exercise. TheRapanui people are recognized as collectively title to the rights to the territory with the exception of the individual landrightsof its members. For thispurpose, a special overseas district will be constituted. 18,918. Each authority and head, within the scope of its competence, may issuerules, resolutions and instructions for the best and most effective development of its functions. Indigenous peoples and nations havetheright to obtain the repatriationof their objects of culture and human remains. "You have to listen to the voice of the people.". The judges of the Constitutional Court shall be provided in accordance withthe rules established in article 378 of this Constitution. Those who hold the position of regional assemblyman will exercise their functions for the term of four years, being able to be re-electedconsecutively only once for the immediately following period. Otherwise, it will return it within thirty dayswith the observations it deems pertinent or communicating its totalrejectionof the project. Within a period of eighteen months, the President of the Republic shall submit a bill amending Law No. The prohibition of allocating the funds raised through the issuance of debt or borrowings to the financing ofcurrentexpenditure. The judgment declaring the unconstitutionality of a precept will cause its invalidation, excluding it from the legal system from the dayfollowing the publication of the judgment in the Official Journal. The Committee shall establish the policy of criminal prosecution and the criteria for action for the fulfillment of its objectives, ensuring the transparency, objectivity, the interests of society and respect for human rights . "Now we have to work for a new one that unites us. Notwithstanding to the general minimums provided by statute for all communes, the communalstatuteestablishes the administrative organization and functioning of communal organs, the mechanisms of neighborhood democracy and the rules for the elaboration of communal ordinances. Jack Nicas, a correspondent in South America, spent the past week in Chile talking to the people who wrote the proposed constitution and those who voted on it. The disposition, organization and criteria for the distribution of the police shall be established in the National Public Security Policy. REUTERS/Rodrigo Garrido. The Court shall proceed in accordance withtheprovisions of the preceding paragraph. They must mainstream the gender approach in their institutional design, fiscal and budgetary policy and in the exercise of their functions. Eradication of violence against children is of the highest priority for the State and to this end it will design strategies and actions to address situations that imply an impairment of their personal integrity, whether the violence comes from families, the State or third parties. Measures taken in the exercise of the powers conferred in states of constitutional emergency may be reviewed by thecourts of justice both on their merits and in form. Four members elected by the Council of Justice from publictenders. Everyone is the holder of sexual and reproductive rights. Those who make up the educational communities have the right to participate inthe definitions oftheeducational project and in the decisions of eachestablishment, as well as in the design, implementation and evaluation oflocal and national educational policy. September 16, 2022 at 6:00 a.m. EDT. Judges of the Constitutional Court may not be those who have served in positions of popular election, who have heldthe position of minister or minister of State or other positions of exclusive confidence ofthe Government, during the two years prior to their appointment. They shall also enjoy independence from the Government and shall have public funding for their operation. In any case, it may exercise jurisdictional functions. It also recognizes, protects and integrates the practices and knowledge ofindigenous peoples and nations, as well as those who impart them, in accordance withthis Constitution and the law. A statute shall determine the organization and powers of the Public Prosecutor's Office,shall indicate the qualities and requirements to be met by those who serve as prosecutors and their grounds for removal. There will be public means of communication and information, in different technological supports, that respond to the informational, educational, cultural and entertainment needs of the various groups of the population. The State promotes, encourages and guarantees the harmonious interrelation andrespect for all symbolic, cultural and patrimonial expressions, whethermaterial and immaterial, and the access, development and dissemination ofcultures, arts and knowledge, taking into account cultural diversity inall its manifestations and contributions, under the principles of collaboration. Within a period not exceedingtwoyears from the entry into force of this Constitution, the Legislative Power shall progressively approve the legal norms that regulate the different aspects of financial autonomy and fiscal decentralization of entities. The State recognizes and guarantees, in accordance with the Constitution, the right of indigenous peoples and nations to their lands, territories and resources. Workers in pre-school, basic and secondary educationwho work in establishments that receive resources from the State shall enjoy the same rights as provided for by law. But sometime between October 2020 and September 2022, the effort to amend Chile's social contract unraveled. The President or the President of the Council, who shall also be president of the Central Bank, shall be appointed by the President or the President of the Republic fromamong those who make up the Council, and shall last five years in this position or the shorter time remaining asadirector, and may be re-elected for a new term. No person or authority may affect, restrict or impede its exercise,except in the cases and forms determined by law. That criminal responsibility is not presumed to be legal. See here for a complete list of exchanges and delays. Ineach commune of the country that is the seat of a municipality, there will be atleast one neighborhood court that will exercise the jurisdictional function with respectto all those legal controversies that ariseatthe communal level that do not fall within the jurisdiction of another court and of the other mattersentrusted tothembylaw, in accordance with a short, oral, simple and expeditious procedure. An autonomous body, with legal personality and its own patrimony,called the Ombudsman's Office, will have as its function the promotion andprotection of the human rights guaranteed in this Constitution, in theinternational human rights treaties ratified and in force inChile, as well as those emanating from the general principles of law and the peremptory norms recognized by international law, in the face of actsor omissions of the organs of the Administration of the State andprivate entities that exercise activities of service or public utility, inthe manner established by law. August 12 2022, 3:00 a.m. The Constitutional Court is an autonomous, technical and professional body, charged with exercising constitutional justice to guarantee the supremacyof the Constitution, in accordance with the principles of deference to the legislative body, presumption of constitutionality of the law and search for an interpretation in accordance with the Constitution. The declaration of a state of siege may not be extended for more than fifteendays, notwithstanding to the President or the President of the Republic requestingits extension, for which it will require the pronouncement of four sevenths of the deputies, deputies and regional representatives in office for the first extension, three-fifths for the second and two-thirds for the third and following. Pronounce on the call for regional consultations or plebiscites. The law shall determine the mechanisms for coordination, cooperationandresolution of conflicts of competence between indigenous legal systems andStateentities. Exercise regulatory power in accordance with the Constitution and thelaw. "I commit to put my all my energies into building a new constitutional process alongside congress and civil society," said Boric, who plans to meet with the heads of political parties and both houses of congress on Monday. Establish the conditions and rules according to which universities and state enterprises and those in which it has a stake may contract loans, which in no casemay be made with the State, its agencies and companies. Within one year of the entry into force of the Constitution, theState shall initiate a process of consultation and indigenous participation with the Rapanui people to determine the procedure, integration and term for the creation of the Rapa Nui Territorial Assembly, which shall be constituted in order to elaborate the statute that will regulate the exercise of the autonomy of the territory. 157 forty-second and must make present the respective urgency for its dispatch and promulgation. Established as a result of the social unrest of October 2019, the . Exceptions are the daughters and sons of foreigners who are in Chile in the service of their Government, who, however, may opt for Chilean nationality, in accordance with the Constitution and laws. Citizens have the right to participate in an incident or binding manner in matters of public interest. Chile: New Constitution rejected. Partial observations may be adopted by a majority. Ministers of State, for having seriously compromised the honour or security of the State, for infringing the Constitution or laws or for having left them without execution and for the crimes of treason, concussion, embezzlement of public funds and bribery. Those that establish or alter the political-administrative division of the country. All requests for inapplicability already filed in the Constitutional Court must be known, processed and ruled by this body withinsix months of the entry into force of this Constitution. In 1980, the dictatorship of Gen. Augusto Pinochet replaced Chile's constitution with a new charter employing the principles of famed American free-market economist . These include, among others, the right to decide freely, autonomously and informed about one's own body, about the exercise of sexuality, reproduction, pleasure and contraception. To pronounce in conjunction with thecompetentbodies regarding the environmental assessment procedures. The law shall determine the organization, operation, procedures for electing members of the Council and shall determine the staff, the remuneration system and the statute of its staff. File constitutional and legal remedies when environmental and nature rights are violated. Persons who exercise jurisdiction in single-member or collegiate bodiesare called judges. This process includes the preparation of diagnostic and evaluation reports at the regional level, which will be developed in stages and prioritizing those basins in water crisis and with over-granting ofwater userights. I n yesterday's referendum, 62 percent of Chilean voters opposed the proposal for a new, far-left constitution, delivering a resounding defeat to the leftist political forces including Chile . All bills, whatever the form of their initiative, will begin their processing in the Congress of Deputies. Sun 4 Sep 2022 22.01 EDT. Whoeveris elected will assume his office on the tenth day after his proclamation,and untiltheendofthe remaining term to the one who is replaced. The new Chilean Constitution would be one of the most progressive in the world, but passage is anything but certain. As soonastheConstitutionis published, the heads of service of the organs of the State must adapttheir internal regulations in accordance with the principle ofconstitutionalsupremacy. Javier Torres/AFP via Getty Images By Eloise Barry September 5, 2022 6:57 AM EDT A fter a year-long drafting and negotiation process, Chilean voters on Sunday rejected a new constitution that. It is the dutyof the State to protect in an equitable manner the exercise of this right to allpersons, through a policy of prevention of violence and crime that will consider especially the material, environmental, socialand community strengthening of territories. Exercise functions of government and administration within the commune and withinthe scope of its powers. A survey by pollster Cadem shows 46% of respondents would vote against the new text, which is still being drafted by an elected assembly and will face a nationwide referendum this year. The law, through a process of participation and prior consultation, will create a timely, efficient and transparent procedure for the constitution ofindigenousterritorial autonomies. Whoever heads the Ombudsman's Office will serve a six year term, without re- election. This right includes the guarantee of special food for those who requireitfor health reasons. We, the people of Chile, made up of various nations, freely grant ourselves this Constitution, agreed in a participatory, parity and democratic process. Its financing will be progressive, sufficient and permanent. Cancellationof the nationalization letter, unless it has been obtained by false declaration or fraud. Those who lose that will also lose their citizenship. The protection of public security during popular votes shall correspond to the institutions indicated by statute. If the source of resources granted by the Congress of Deputies is insufficient to finance any new expenditure that is approved, whoeverexercises the Presidency of the Republic, when promulgating the law, after afavorable report from the service or the institution through which the new income is collected, endorsed by the Office of the Comptroller General of the Republic, it shall proportionately reduce all costs, whatever their nature. The State and its entities shall promote education based on empathy and respect for animals. Establish or modify the political or administrative division of the country. hide caption. 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